CIT v. Maharaja Shree Umaid Mills Ltd.

192 ITR 565High Court1991#6702 most cited
17

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 142(1)Section 234ASection 234BSection 143(3)Section 145(3)Section 234DSection 69ASection 132

Issues it is cited on

section 145(1)interest u/s 234asection 34section 292csection 145rejection of books of accountsection 145(3)section 44absection 234asection 131speaking ordersection 139

Judgments citing CIT v. Maharaja Shree Umaid Mills Ltd.

VOESTALPINE VAE VKN INDIA PVT. LTD. (FORMELY KNOWN AS VAE VKN INDUSTRIES PVT. LTD.),NEW DELHI vs. ACIT, CIRCLE- 17(1), NEW DELHI

In the result, appeal of the assessee is partly allowed

ITA 3835/DEL/2017[2009-10]Status: DisposedITAT Delhi10 Oct 2025AY 2009-10

Bench: Shri Vikas Awasthy & Shri Manish Agarwal[Assessment Year : 2009-10] M/S. Voestalpine Vae Vkn India Vs Acit, Pvt. Ltd. (Formerly Known As Circle-17(1), M/S. Vae Vkn Industries New Delhi Pvt.Ltd.), 24/5, Sri Ram Road, Civil Lines, Delhi-110054. Pan-Aaacv3943J Appellant Respondent Appellant By Shri Ajay Wadhwa, Adv. & Ms. Ragini Handa, Adv. Respondent By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 15.07.2025 Date Of Pronouncement 10.10.2025 Order

Section 143(1)Section 143(3)Section 145(3)Section 250Section 92E

…ITA No.3835/Del/2017 INCOME TAX APPELLATE TRIBUNAL DELHI “F” BENCH: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER [Assessment Year : 2009-10] M/s. Voestalpine Vae Vkn India vs ACIT, Pvt. Ltd. (Formerly known as Circle-17(1), M/s. VAE VKN Industries New Delhi Pvt.Ltd.), 24/5, Sri Ram Road, Civil Lines, Delhi-110054. PAN-AAACV3943J APPELLANT RESPONDENT Appellant by Shri Ajay Wadhwa, Adv. & Ms. Ragini Handa, Adv. Respondent by Ms. Harpreet Kaur Hansra, Sr. DR Date of Hearing 15.07.2025 Date of Pronouncement 10.10.2025 ORDER PER MANISH AGARWAL, AM : The present appe…

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, UDIAPUR, UDAIPUR

ITA 709/JODH/2024[2016-17]Status: DisposedITAT Jodhpur26 May 2025AY 2016-17

Bench: DR. MITHA LAL MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

Section 132Section 145(3)Section 153ASection 234ASection 250

…thod of accounting regularly employed by it, has to be accepted. In absence of any such finding, the revenue does not get any jurisdiction to make any trading addition whatsoever. For this proposition, kindly refer – I. CIT vs. Maharaja Shree Umaid Mills Ltd. 192 ITR 565 (Raj.) "The Tribunal was justified in holding that since the books of account had not been rejected the mere fact that there had been a fall in the gross profit rate would not lead to the inference that the expenditure had been inflated. No question of law arose from the order of the Tribunal." II. DCIT v. Mewar Textile Mills Ltd. 21 Tax World 82…

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, UDAIPUR, UDAIPUR

ITA 706/JODH/2024[2013-14]Status: DisposedITAT Jodhpur26 May 2025AY 2013-14
Section 132Section 145(3)Section 153ASection 234ASection 250

…d of accounting regularly employed by it,\nhas to be accepted. In absence of any such finding, the revenue does not get any\njurisdiction to make any trading addition whatsoever. For this proposition, kindly refer –\nI. CIT vs. Maharaja Shree Umaid Mills Ltd. 192 ITR 565 (Raj.)\n\"The Tribunal was justified in holding that since the books of account had not been\nrejected the mere fact that there had been a fall in the gross profit rate would not lead\nto the inference that the expenditure had been inflated. No question of law arose from\nthe order of the Tribunal.\"\nII. DCIT v. Mewar Textile Mills Ltd. 21 Tax W…

KAILASH CHAND,JAIPUR vs. ITO WARD, BEHROR, BEHROR

In the result, the appeal of the assessee is allowed

ITA 565/JPR/2024[2012-13]Status: DisposedITAT Jaipur10 Mar 2025AY 2012-13

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Judicial Member)

For Appellant: Sh. Mahendra Gargieya, Adv. &For Respondent: Sh. Dinesh Badgujar, Addl. CIT
Section 142(1)Section 144Section 144BSection 147Section 148Section 234A

…ncrease in the percentage of loss must be attributable and must lead to a reasonable inference of suppression of production of yarn. e. Higher wastages alone was no ground for rejecting the claim for wastage”. 4.2 CIT vs. Maharaja Shree Umed Mills Ltd. (1991) 192 ITR 565 (Raj.) (DPB1-3) 18 Kailash Chand vs. ITO "The Tribunal was justified in holding that since the books of account had not been rejected the mere fact that there had been a fall in the gross profit rate would not lead to the inference that the expenditure had been inflated. No question of law arose from the order of the Tribunal." 4.3 DCIT v. Me…

AHLUWALIA ERECTORS AND FEBRICATIONS PVT. LTD.,KOTA vs. ACIT CIR-1 KOTA , KOTA

In the result the appeal of the assessee is partly allowed

ITA 953/JPR/2024[2016-17]Status: DisposedITAT Jaipur19 Feb 2025AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Mahendra Gargieya, Adv. &For Respondent: Mrs. Anita Rinesh, JCIT-Sr. DR
Section 143(3)Section 234A

…he increase in the percentage of loss must be attributable and must lead to a reasonable inference of suppression of production of yarn. e. Higher wastages alone was no ground for rejecting the claim for wastage. 1.3.2 CIT vs. Maharaja Shree Umaid Mills Ltd. 192 ITR 565 (Raj.) "The Tribunal was justified in holding that since the books of account had not been rejected the mere fact that there had been a fall in the gross profit rate would not lead to the inference that the expenditure had been inflated. No question of law arose form the order of the Tribunal." 1.3.3 DCIT v. Mewar Textile Mills Ltd. 21 Tax World…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA vs. NISHA JAIN, KOTA

In the result, the appeal of the Revenue is dismissed with no orders as to cost

ITA 378/JPR/2024[2017-18]Status: DisposedITAT Jaipur05 Aug 2024AY 2017-18
For Appellant: Shri Mahendra Gargieya AdvFor Respondent: Shri A.S. Nehra, Addl. CIT-DR fu/kZkfjrh dh vksj ls@
Section 131

…the increase in the percentage of loss must be attributable and must lead to a reasonable inference of suppression of production of yarn. e. Higher wastages alone was no ground for rejecting the claim for wastage 11.3.2 CIT vs. Maharaja Shree Umaid Mills Ltd. 192 ITR 565 (Raj.) "The Tribunal was justified in holding that since the books of account had not been rejected the mere fact that there had been a fall in the gross profit rate would not lead to the inference that the expenditure had been inflated. No question of law arose form the order of the Tribunal." 12. Addition u/s 69A not mandatory: 12.1 In this reg…

BULU GHOSH ,KOLKATA vs. ITO,WD-33(2),KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 729/KOL/2023[2016-17]Status: DisposedITAT Kolkata18 Oct 2023AY 2016-17

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos. 729/Kol/2023 Assessment Year: 2016-17 Bulu Ghosh Ito, Ward-33(2), Kolkata Kalipark, R-Gopalpur, Udayachal, Vs. Kolkata-700136. Pan: Adspg 3842 P (Appellant) (Respondent) Present For: Appellant By : Shri Dilip Chatterjee, Advocate Respondent By : Shri Bivekananda Madhu, Jcit Date Of Hearing : 10.10.2023 Date Of Pronouncement : 18.10.2023 O R D E R Per Sonjoy Sarma, Jm: This Appeal Of The Assessee For The Assessment Year 2016-17 Is Directed Against The Order Dated 14.06.2023 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Nfac, Delhi [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Dilip Chatterjee, AdvocateFor Respondent: Shri Bivekananda Madhu, JCIT
Section 143(1)Section 143(2)Section 145(3)Section 44A

…IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCH ‘SMC’ KOLKATA BEFORE DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER AND SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER ITA Nos. 729/Kol/2023 Assessment Year: 2016-17 Bulu Ghosh ITO, Ward-33(2), Kolkata Kalipark, R-Gopalpur, Udayachal, Vs. Kolkata-700136. PAN: ADSPG 3842 P (Appellant) (Respondent) Present for: Appellant by : Shri Dilip Chatterjee, Advocate Respondent by : Shri Bivekananda Madhu, JCIT Date of Hearing : 10.10.2023 Date of Pronouncement : 18.10.2023 O R D E R PER SONJOY SARMA, JM: This appeal of the assessee for the assessment year 2016-17 is directed…

KUNAN MAL KALU RAM JAIN AND COMPANY ,TONK vs. ITO,TONK, TONK

In the result, appeal of the assessee is allowed

ITA 70/JPR/2023[2018-19]Status: DisposedITAT Jaipur24 Aug 2023AY 2018-19

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Mahendra Gargieya (Adv.) &For Respondent: Smt Monisha Choudhary (Addl. CIT)
Section 143(3)Section 234DSection 5

…at the increase in the percentage of loss must be attributable and must lead to a reasonable inference of suppression of production of yarn. e. Higher wastages alone was no ground for rejecting the claim for wastage 2. CIT vs. Maharaja Shree Umaid Mills Ltd. 192 ITR 565 (Raj.) (DPB 3-5) "The Tribunal was justified in holding that since the books of account had not been rejected the mere fact that there had been a fall in the gross profit rate would not lead to the inference that the expenditure had been inflated. No question of law arose form the order of the Tribunal." 3. DCIT v. Mewar Textile Mills Ltd. 21 Ta…

AMAR SINGH SAHARAN,CHURU vs. ITO, WARD-2, CHURU

In the result, the appeal filed by the assessee is allowed

ITA 83/JODH/2020[2013-14]Status: DisposedITAT Jodhpur24 Mar 2023AY 2013-14

Bench: Shri Kul Bharatshri Manish Boradshri Amar Singh Saharan, Vs Ito, S/O-Shri Chimna Ram, Ward-2, Dhani-Asha, Tehsil- Churu Taranagar, Churu-331304. (Appellant) (Respondent) Pan No. Drbps4493E Assessee By Shri Suresh Ojha, Advocate Revenue By Shri S.M.Joshi, Jcit Dr Date Of Hearing 23/03/2023 Date Of 24/03/2023 Pronouncement

Section 147

…annot lead to an inference that thereby there has been a suppression of the production in a spinning mill. On the above observations, the Hon'ble High Court has allowed the appeal of the assessee. 6.2. In case of CIT vs. Maharaja Shree Umaid Mills Ltd. (1991) 192 ITR 565 (Raj), the Hon'ble Rajasthan High 4 | P a g e Court has held that the Tribunal was justified in holding that since books of accounts had not been rejected, the mere fact that there had been a fall in the g.p. rate would not lead to the inference that the expenditure had been inflated. 6.3. In case of CIT vs. Padamchand Ram Gopal (1970) 76 ITR 71…

RAJNI TAK,JAIPUR vs. ITO WARD 5(1), JAIPUR, JAIPUR

In the result, the appeal filed by the assessee is allowed

ITA 314/JPR/2022[2017-18]Status: DisposedITAT Jaipur27 Oct 2022AY 2017-18
For Appellant: Shri Shrawan Kumar Gupta, AdvFor Respondent: Mrs. Monisha Choudhary, JCIT
Section 142(1)Section 143(3)Section 145(3)Section 234A

…it is the settled law that no trading additions can be made or estimated without pointing rejecting the books of account. Kindly refer. I. R.B. Bansilal Abirchand Spinning & Weaving Mills 75 ITR 260 (Bom) (Page 261) II.CIT vs. Maharaja Shree Umaid Mills Ltd. 192 ITR 565 (Raj.) III.DCIT v. Mewar Textile Mills Ltd. 21 Tax World 821 (JP) IV. Mohd. Umer v. CIT 101 ITR 525 (Pat) (Page 528) V. Ajanta Constructions (P.)Ltd. Vs. ACIT XXII TW 606 (ITAT Jaipur) VI. DCIT Vs. Associated Stone Industries (Kotah) Ltd. XXII TW 155 (JP) VII. Ghewarchand Vs. ITO - XXI TW 571 VIII. Siddheshwari Cotton Mills P. Ltd. V CIT 117 ITR…

VENKATESHWAR ISPAT LIMITED,RAIPUR vs. INCOME TAX OFFICER, WARD 2(1), RAIPUR

In the result, the appeal of assessee is allowed

ITA 10/RPR/2018[2014-15]Status: DisposedITAT Raipur17 Oct 2022AY 2014-15

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.10/Rpr/2018 (ननधाारण वषा / Assessment Year :2014-2015) Venkateshwar Ispat Limited, Vs Ito-2(1), Raipur 655-B, Urla Industrial Complex, Raipur Pan No. : Aaacv 7829 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri G.N.Singh, Sr. DR

…) Vide Sundarmal Satpal v. ITO (2005) 94 TTJ 423 (Asr-Trib). (iii) New Ambadi Estates (P.) Ltd. v. State of Tamil Nadu [1993] 200 ITR 64 (Mad.) (iv) Nirmal Textile (P) Ltd. IAC (2005) 185 Taxatioin 84 (Del-Trib). (v) M/s Maharaja Shree Umaid Mills Ltd. (1991) 192 ITR 565 (Raj) (vi) St. Tereas's Mills V. State of Kerala 76 ITR 365. (vii) Chandra Timber traders Vs. CIT (1996) 54 TTJ (Del-Trib) 544. (viii) Prahaladas Hari Kishan Vs. Astt. CIT (1998) 60 TTJ (Ind-Trib) 27. (ix) Jaipur Electro (P) Ltd. Vs. CIT (1997) 223 ITR 535 (Raj), (x) Dy.CIT Vs. Surface Finishing Equipment (2003) 81 TTJ (Jod- Trib) 448. In view of…

M/S SHRI JEEN MATA BUILDCON PVT. LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-4-2, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 397/JPR/2019[2013-14]Status: DisposedITAT Jaipur08 Mar 2022AY 2013-14

Bench: Us Are As Under:-

For Appellant: Mahendra Gargieya (Adv.)For Respondent: Runi Pal (Addl. CIT)
Section 133(6)Section 143(1)Section 234ASection 244A

…well settled that if accounts are not rejected u/s 145(3) no upward estimation of income is legally possible. Reliance is placed on the following decisions: • M/s Bansilal Abirchand Spg. & Wvg. Mills 75 ITR 260 (Bom) • CIT vs. Maharaja Shree Umaid Mills Ltd. 192 ITR 565 (Raj.) • DCIT vs. Mewar Textile Mills Ltd. 21 Tax World 821 (JP) • Mohd. Umer vs. CIT 101 ITR 525 • Ajanta Constructions (P.) Ltd. vs. ACIT XXII TW 606 (ITAT Jaipur) • DCIT vs. Associated Stone Industries (Kotah) Ltd. XXII TW 155 (JP) • Ghewarchand vs. ITO- XXI TW 571 • Siddheshwari Cotton Mills P. Ltd. vs. CIT 117 ITR 953 at 957 (Call) • ACIT vs…

INCOME TAX OFFICER, WARD-1-2, AJMER vs. SHRI BHAGCHAND JAIN, AJMER

In the result, appeal of the Revenue is dismissed and the cross objection of the assessee is partly allowed

ITA 1271/JPR/2018[2014-15]Status: DisposedITAT Jaipur10 Jan 2022AY 2014-15
For Appellant: Shri Mahendra Gargieya (Adv)For Respondent: Smt. Runi Pal (Addl.CIT-DR) fu/kZkfjrh dh vksj ls@
Section 145Section 145(3)

…the assessee as per the method of accounting regularly employed by it, has to be accepted. In absence of any such finding, the revenue does not get any jurisdiction to make any trading addition whatsoever. Kindly refer CIT vs. Maharaja Shree Umaid Mills Ltd. 192 ITR 565 (Raj.)(DPB 1-3), M/s Bansilal Abirchand Spg. & Wvg. Mills 75 ITR 260 (Bom), DCIT v. Mewar Textile Mills Ltd. 21 Tax World 821 (JP). 2.1 The ld.CIT(A) did not appreciate the facts and the legal position in as much as the law u/s145(3) specifically provides only three basis to invoke S. 145, viz(i) Where the AO is not satisfied about the correctnes…

SWASTIK OIL INDUSTIRIES,TONK vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed in part

ITA 1305/JPR/2018[2012-13]Status: DisposedITAT Jaipur16 Oct 2019AY 2012-13
For Appellant: Shri Mahendra Gargieya &For Respondent: Shri Raj Mehra (JCIT)
Section 143(3)Section 234B

…itted that when the A.O. has not rejected the books of account of the assessee then no trading addition can be made on the basis of estimation. In support of his contention, he has relied on the following decisions: (i) CIT Vs Maharaja Shree Umaid Mills Ltd. 192 ITR 565 (Raj) 5 ITA 1305/JP/2018_ M/s Swastik Oil Industries Vs DCIT (ii) Pr.CIT Vs Bhawani Silicate Industries (2015) 93 CCH 0419 (Raj). (iii) Prem Cables (P) Ltd. Vs. ACIY (1996) 54 TTJ 421 (JP) (iv) Malani Ramnivan Jagannath Vs ACIT (2009) 207 CTR 19 (Raj). Hence, the ld AR has submitted that the addition sustained by the ld. CIT(A) may be deleted.…

HARBANS LAL SETHI,JAIPUR vs. ADDL. CIT, KOTA

In the result, the appeals of the assessee are partly allowed and that of the Revenue are dismissed

ITA 495/JPR/2013[2006-07]Status: DisposedITAT Jaipur30 May 2017AY 2006-07
For Appellant: Shri Mahendra Gargieya, AdvocateFor Respondent: Shri R.A. Verma, Addl. CIT-. DR
Section 143(3)Section 145(3)Section 234BSection 244A

…unt. 1. CIT vs. Nuebheram Daluram,224 ITR 610 (SC) 2. Jute Corporation of India Ltd. vs. CIT, 187 ITR 688 (SC) 3. Popular Automobiles vs. CIT, 187 ITR 86 (Ker.) 4. CIT vs. Gotan Lime Khanij Udyog, 256 ITR 243 (Raj.) 5. CIT vs. Maharaja Shree Umed Mills Ltd. ,192 ITR 565 (Raj.) 6. Kachawala Gems vs. JCIT , 288 ITR 10 (SC) 7. Narsingdas Ramkishan Pungaliya vs. ACIT, 184 CTR 448 (Raj) 4.6 We have carefully considered the rival contentions and perused the material available on record. As regards the enhancement made by the ld. CIT(A), we do not accept the contention of the ld. AR that such enhancement is without j…

RESONANCE EDUVENTURES PVT. LTD.,KOTA vs. ACIT, KOTA

In the result, appeal of the assessee is allowed for statistical purposes

ITA 838/JPR/2016[2012-13]Status: DisposedITAT Jaipur29 May 2017AY 2012-13
For Appellant: Shri Mahendra Gargieya & Shri F.RehmanFor Respondent: Shri O.P. Bhateja, Addl.CIT
Section 143(3)Section 234ASection 244A

…on to decide the same by way of a speaking order in accordance with law after giving the assessee a reasonable opportunity of being heard. 7. Before parting, it may be appropriate to note that reliance has been placed upon CIT Vs Maharaja ShreeUmed Mills Ltd. 192 ITR 565 (Raj). However, we note that the said decision has no applicability to the facts of the present case. 8. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the Open Court on 29 May,2017. (VIKRAM SINGH YADAV) JUDICIAL MEMBER Poonam(CHD) Copy to: 1. The Appellant 2. The Respondent 3. The CIT 4. The CIT(…

ACIT, JAIPUR vs. NIRMAL GLASSTECH INDUSTRIES, JAIPUR

In the result, the revenue’s appeal is dismissed and the assessee’s

ITA 963/JPR/2016[2012-13]Status: DisposedITAT Jaipur21 Apr 2017AY 2012-13
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri R.A. Verma (Addl.CIT) fu/kZkfjrh dh vksj ls@
Section 143(3)Section 68Section 80I

…trading or profit and loss account which is not for the purposes of the business of assessee. The AO has not rejected the books of the assessee by invoking provision of section 145(3). The Rajasthan High Court in case of CIT Vs. Maharaja Shree Umed Mills Ltd. 192 ITR 565 has held that fall in gross profit rate cannot be looked into when AO has not rejected the books of account of the assessee and without making this as a base, it could not be said that the ITA 963/JP/2016 & CO 46/JP/2016_ 12 ACIT Vs. M/s Nirmal Glasstech expenditure had been inflated. Hence, the lump sum trading addition made by the AO and confi…