CIT v. S C Kothari

82 ITR 794Supreme Court of India1971#966 most cited

What is CIT v. S C Kothari authority for?

Income tax is levied on the real profit of a trade or business, not on gross receipts. Even for unaccounted transactions, only the profit component, after deducting legitimate expenses and cost of goods sold, can be brought to tax as undisclosed income.

111

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. S.C. Kothari · 82 ITR 794 · real income · profit not gross receipts · deduction of legitimate expenses · unaccounted sales income · undisclosed business profit · section 145(3) · rejection of books of account · on-money assessment · section 147 · section 132

Sections most often in play

Section 147Section 148Section 143(3)Section 145(3)Section 133ASection 142(1)Section 143(2)Section 132
Read the full judgment

Issues it is cited on

on money receiptsection 199section 145(2)project completion methodrejection of books of accountexplanation to section 37on-moneyicdssection 145(3)reasoned orderloose papersspecified authority

Judgments citing CIT v. S C Kothari

Shri Aniruddhsinh J. Solanki, Rajkot-Gujarat vs. The Assistant Commr. of Income Tax, Cen. Circle-1, Rajkot-Gujarat

In the result, the appeal filed by the Assessee is allowed and the appeal filed by the Revenue is hereby dismissed

ITA 454/RJT/2018[2008-09]Status: DisposedITAT Rajkot19 Oct 2022AY 2008-09
For Appellant: Shri R.K. Doshi, A.RFor Respondent: Shri Shramdeep Sinha, CIT/DR
Section 143(3)Section 147Section 250Section 271(1)(c)

…not have charged the same as escaped assessment under the provisions of Income Tax Act. 8.3. We are further guided by Hon’ble Supreme Court Judgment not only the income but also the losses for the purpose of taxation in the case of CIT vs. SC. Kothari [1971] 82 ITR 794 wherein the Apex Court held that for the purpose of section 10(1) of the Act, a loss incurred in carrying on an illegal business must be deducted before the true figure of profits brought to tax can be computed. Grover, J., speaking for the Court, observed: "If a business is illegal, neither the profits earned nor the losses incurred would be enfo…

M/S. Madhav Organizers Pvt.Ltd., Baroda vs. The Income Tax Officer, Ward-1(4), Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1920/AHD/2011[1995-96]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1995-96

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

M/S. Madhav Organizers Pvt.Ltd., Baroda vs. The Income Tax Officer, Ward-1(4), Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1919/AHD/2011[1994-95]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1994-95

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

M/S. Madhav Organizers Pvt.Ltd., Baroda vs. The Income Tax Officer, Ward-1(4), Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1918/AHD/2011[1993-94]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1993-94

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

M/S. Madhav Organizers Pvt.Ltd., Baroda vs. The Income Tax Officer, Ward-1(4), Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1917/AHD/2011[1992-93]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1992-93

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

M/S. Kotel Properties Pvt.Ltd., Baroda vs. The Income Tax Officer, Ward-1(4), Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1916/AHD/2011[1995-96]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1995-96

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

M/S. Kotel Properties Pvt.Ltd., Baroda vs. The Income Tax Officer, Ward-1(4), Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1915/AHD/2011[1994-95]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1994-95

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

M/S. Kotel Properties Pvt.Ltd., Baroda vs. The Income Tax Officer, Ward-1(4), Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1914/AHD/2011[1993-94]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1993-94

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

M/S. Kotel Properties Pvt.Ltd., Baroda vs. The Income Tax Officer, Ward-1(4), Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1913/AHD/2011[1992-93]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1992-93

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

The ITO, Ward-1(4), Baroda vs. M/S. Kotel Properties Pvt.Ltd., Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1808/AHD/2011[1995-96]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1995-96

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

The ITO, Ward-1(4), Baroda vs. M/S. Kotel Properties Pvt.Ltd., Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1807/AHD/2011[1994-95]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1994-95

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

The ITO, Ward-4(1), Baroda vs. M/S. Madhav Organisors Pvt.Ltd., Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1776/AHD/2011[1995-96]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1995-96

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

The ITO, Ward-4(1), Baroda vs. M/S. Madhav Organisors Pvt.Ltd., Baroda

In the result, the appeal of the Revenue is dismissed

ITA 1775/AHD/2011[1994-95]Status: DisposedITAT Ahmedabad08 Nov 2021AY 1994-95

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Ms. Urvashi Shodhan, A.R
Section 143(3)

…be read as a whole. Such seized documents cannot be used as the basis for making the addition without giving the deduction of the expenses appearing in the seized documents. We note that the Hon’ble Supreme Court in the case of CIT vs S C Kothari reported in 82 ITR 794 held as under; “If the business is illegal neither the profits earned nor the losses incurred would be enforceable in law. But, that does not take the profits out of the taxing statute. Similarly, the taint of illegality of the business cannot detract from the losses being taken into account for computation of the amount which can be subjected to…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

In the result, all the captioned appeals of the assessee are allowed

ITA 99/RPR/2019[2017-18]Status: DisposedITAT Raipur26 Oct 2021AY 2017-18

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…ed in the case of ITO Vs. Gurbachansingh Juneja (1996) 54 TTJ(Ahd) 1(TM). Similarly, it has been held that net profit can be applied on unaccounted sales/receipts for the purposes of making additions in several other decisions viz; CIT vs. S.C. Kothari (1971) 82 ITR 794 (SC); CIT vs. G.S. Juneja (2008) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that o…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

In the result, all the captioned appeals of the assessee are allowed

ITA 98/RPR/2019[2016-17]Status: DisposedITAT Raipur26 Oct 2021AY 2016-17

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…ed in the case of ITO Vs. Gurbachansingh Juneja (1996) 54 TTJ(Ahd) 1(TM). Similarly, it has been held that net profit can be applied on unaccounted sales/receipts for the purposes of making additions in several other decisions viz; CIT vs. S.C. Kothari (1971) 82 ITR 794 (SC); CIT vs. G.S. Juneja (2008) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that o…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

In the result, all the captioned appeals of the assessee are allowed

ITA 97/RPR/2019[2015-16]Status: DisposedITAT Raipur26 Oct 2021AY 2015-16

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…ed in the case of ITO Vs. Gurbachansingh Juneja (1996) 54 TTJ(Ahd) 1(TM). Similarly, it has been held that net profit can be applied on unaccounted sales/receipts for the purposes of making additions in several other decisions viz; CIT vs. S.C. Kothari (1971) 82 ITR 794 (SC); CIT vs. G.S. Juneja (2008) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that o…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

In the result, all the captioned appeals of the assessee are allowed

ITA 96/RPR/2019[2014-15]Status: DisposedITAT Raipur26 Oct 2021AY 2014-15

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…ed in the case of ITO Vs. Gurbachansingh Juneja (1996) 54 TTJ(Ahd) 1(TM). Similarly, it has been held that net profit can be applied on unaccounted sales/receipts for the purposes of making additions in several other decisions viz; CIT vs. S.C. Kothari (1971) 82 ITR 794 (SC); CIT vs. G.S. Juneja (2008) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that o…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

In the result, all the captioned appeals of the assessee are allowed

ITA 95/RPR/2019[2013-14]Status: DisposedITAT Raipur26 Oct 2021AY 2013-14

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…ed in the case of ITO Vs. Gurbachansingh Juneja (1996) 54 TTJ(Ahd) 1(TM). Similarly, it has been held that net profit can be applied on unaccounted sales/receipts for the purposes of making additions in several other decisions viz; CIT vs. S.C. Kothari (1971) 82 ITR 794 (SC); CIT vs. G.S. Juneja (2008) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that o…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

In the result, all the captioned appeals of the assessee are allowed

ITA 94/RPR/2019[2012-13]Status: DisposedITAT Raipur26 Oct 2021AY 2012-13

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…ed in the case of ITO Vs. Gurbachansingh Juneja (1996) 54 TTJ(Ahd) 1(TM). Similarly, it has been held that net profit can be applied on unaccounted sales/receipts for the purposes of making additions in several other decisions viz; CIT vs. S.C. Kothari (1971) 82 ITR 794 (SC); CIT vs. G.S. Juneja (2008) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that o…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

In the result, all the captioned appeals of the assessee are allowed

ITA 93/RPR/2019[2011-12]Status: DisposedITAT Raipur26 Oct 2021AY 2011-12

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…ed in the case of ITO Vs. Gurbachansingh Juneja (1996) 54 TTJ(Ahd) 1(TM). Similarly, it has been held that net profit can be applied on unaccounted sales/receipts for the purposes of making additions in several other decisions viz; CIT vs. S.C. Kothari (1971) 82 ITR 794 (SC); CIT vs. G.S. Juneja (2008) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that o…