Dhakeshwari Cotton Mills Ltd. v. CIT

Smt. Ruksana, Jhalawar vs. ITO, Ward, Jhalawar

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 192/Jp/2020 Fu/Kzkj.K O"Kz@Assessment Year :2011-12 Smt. Ruksana, Cuke I.T.O., Vs. L/H Of Late Sh. Mohammed Salim, Ward-Jhalawar. Kunjda Street, Bada Bazar, Jhalawar City, Jhalawar-326001. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Bjeps 1293 M Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Shravan Kr. Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By: Smt. Runi Pal (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 08/04/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Kota Dated 21/09/2017 For The A.Y. 2011-12. The Grounds Taken By The Assessee In This Appeal Are As Under: “1. The Impugned Assessment Order U/S 143(3) Dated 15.03.2014 Is Bad In Law & On Facts Of The Case, For Want Of Jurisdiction, Being Debatable Issue & Various Other Reasons & Hence The Same May Kindly Be Quashed. 2.1 Rs.13,45,442/-: The Assessing Officer Has Grossly Erred In Law As Well As On The Facts Of The Case In Invoking The Provision Of Section 145(3). The Provision So Invoked By The Assessing Officer & Confirmed By The Ld. Cit(A) Being Totally Contrary To The Provisions Of Law & Facts On The Record & Hence The Same May Kindly Be Quashed.

…t no addition can be the basis of suspicion, assumptions’ and presumption. An allegation remains a mere allegation unless proved. Suspicion may be strong however cannot take the place of reality, are the settled principleskindly refer Dhakeshwari Cotton Mills 26 ITR 775 (SC) also refer R.B.N.J. Naidu v/s CIT 29 ITR 194 (Nag), Kanpur Steel Co. Ltd. v/s CIT 32 ITR 56 (All).Also refer CIT v/s KulwantRai 291 ITR 36( Del). In CIT v/s Shalimar Buildwell Pvt Ltd 86 CCH 250(All) it has been held that the AO made the addition merely on suspicion which was not desirable in the eye of law. 8. Blind Estimation of other citie…

Shri Kailash Chand Yadav, Sikar vs. Income Tax Officer, Ward, Neemkathana

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 173/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 Shri Kailash Chand Yadav, Cuke I.T.O., Vs. S/O-Shri Chhotu Ram Yadav, Ward-Neemkathana Dhani Amar Singh Wali Mundru, Tehsil-Srimadhopur, Sikar. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aiupy 2977 J Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Shravan Kr. Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary(Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 25/06/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-3, Jaipur Dated 23/01/2019 For The A.Y. 2014-15. The Grounds Taken By The Assessee Are As Under: “1. The Impugned Assessment Order U/S 143(3) Rws 147 Dated 19/12/2017 As Well As The Action Taken U/S 147/148 By The Ld. Ao Are Bad In Law, Invalid, Illegal & On Facts Of The Case, For Want Of Jurisdiction, Barred By Limitation & Various Other Reasons & Hence The Same May Kindly Be Quashed. 2. Rs.13,00,000/-: The Ld. Cit(A) Has Grossly Erred In Law As Well As On The Facts Of The Case In Confirming The Addition Of Rs. 13,00,000/- Made By The Ld. Ao On Account Of Cash Deposit Without Invoking Any Provision Of The It Act & By Ignoring The Material Evidences On Assumption Or Suspicion. Hence The Addition So Made By The Ld. Ao & Sustained By 2

…t no addition can be the basis of suspicion, assumptions’ and presumption. An allegation remains a mere allegation unless proved. Suspicion may be strong however cannot take the place of reality, are the settled principleskindly refer Dhakeshwari Cotton Mills 26 ITR 775 (SC) also refer R.B.N.J. Naidu v/s CIT 29 ITR 194 (Nag), Kanpur Steel Co. Ltd. v/s CIT 32 ITR 56 (All).Also refer CIT v/s KulwantRai 291 ITR 36( Del). In CIT v/s Shalimar Buildwell Pvt Ltd 86 CCH 250(All) it has been held that the AO made the addition merely on suspicion which was not desirable in the eye of law. 9. No provisions has been applied…

M/S. Swastik Oil Industries, Tonk vs. DCIT, Circle-7, Jaipur

In the result, both the appeals of the assessee are disposed off in light of aforesaid directions

…evidence that the expenditures were incurred for non-business purposes, element of personal user was there. An allegation remains a mere allegation unless proved. Suspicion cannot take the place of reality are the settled principles (Dhakeshwari Cotton Mills 26 ITR 775 (SC)). 12. It was submitted that a businessman is the best judge to take care of its own interest & to take decisions and the AO is not supposed to intervene therein nor he can replace the assessee. Here, whatever decisions were taken by the assessee, has to be understood as taken out of commercial expediency. Kindly refer T.T. (P) Ltd. v/s CIT (…

M/S. Swastik Oil Industries, Tonk vs. DCIT, Circle-7, Jaipur

In the result, both the appeals of the assessee are disposed off in light of aforesaid directions

…evidence that the expenditures were incurred for non-business purposes, element of personal user was there. An allegation remains a mere allegation unless proved. Suspicion cannot take the place of reality are the settled principles (Dhakeshwari Cotton Mills 26 ITR 775 (SC)). 12. It was submitted that a businessman is the best judge to take care of its own interest & to take decisions and the AO is not supposed to intervene therein nor he can replace the assessee. Here, whatever decisions were taken by the assessee, has to be understood as taken out of commercial expediency. Kindly refer T.T. (P) Ltd. v/s CIT (…

Shri Gun Nidhan Singh, Jaipur vs. ITO, Ward-2(3), Jaipur

In the result, this appeal of the assessee is allowed partly

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1251/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 Shri Gun Nidhan Singh, Cuke I.T.O., Vs. 3, Telephone Colony, Tonk Road, Ward-2(3), Jaipur. Jaipur Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Abgps 9249 E Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Mahendra Gargieya & Shri Dewang Gargieya (Advs) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary (Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 18/03/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 24/05/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-I, Jaipur Dated 05/08/2019 For The A.Y. 2014-15. The Grounds Taken By The Assessee Are As Under:

…antial huge agriculture income but merely proceeded on suspicion by saying that keeping of cash was against the human probability. The law is well settled that a suspicion cannot take place of the reality as held in the case of Dhakeshwari Cotton Mills (1954) 26 ITR 775 (SC). Hence, the onus was upon the person who alleged so. The ld. CIT(A) though doubted keeping of cash but has not established and also did not provide any answer as to where such cash generated from the admitted income, though was available has gone. Such a finding, firstly, was against the settled law that where the availability of cash is esta…