Haridas Parikh v. ITO

113 TTJ 274Income Tax Appellate Tribunal2008#5997 most cited
20

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

Also reported as

29 SOT 13

Sections most often in play

Section 145(3)Section 115BBESection 143(3)Section 250Section 68Section 69A

Judgments citing Haridas Parikh v. ITO

DRA S AND P JOINT VENTURE,AHMEDABAD vs. DEPUTY COMMISSIONER OF INCOME TAX,, GANDHINAGAR

In the result, the appeal of the assessee stands allowed

ITA 278/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad26 Jun 2025AY 2018-19

Bench: S/Shri Sanjay Garg & Narendra Prasad Sinhaassessment Year : 2018-19 Dra S & P Joint Venture The Dcit, 401, The Grand Mall, Sm Road Vs Cir. Gandhinagar Ambawadi Ahmedabad 380 015. Pan : Aabad 8917 B (Applicant) (Responent) : Assessee By Shri S.L. Poddar, Ar Revenue By : Shri Kavan Limbasiya, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 27/03/2025 घोषणा क" तारीख /Date Of Pronouncement: 26/06/2025

For Respondent: Shri Kavan Limbasiya, Sr.DR
Section 143(3)Section 145(3)Section 250

…आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद "यायपीठ आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण अहमदाबाद "यायपीठ अहमदाबाद "यायपीठ ‘B’ अहमदाबाद। अहमदाबाद "यायपीठ अहमदाबाद। अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD ] ] BEFORE S/SHRI SANJAY GARG, JUDICIAL MEMBER AND NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER Assessment Year : 2018-19 DRA S and P Joint Venture The DCIT, 401, The Grand Mall, SM Road Vs Cir. Gandhinagar Ambawadi Ahmedabad 380 015. PAN : AABAD 8917 B (Applicant) (Responent) : Assessee by Shri S.L. Poddar, AR Revenue by : Shri Kavan Limbasiya, Sr.DR सुनवाई क" तारीख/Date o…

SUWALKA AND SUWALKA PROPERTIES AND BUILDERS PVT LTD,KOTA, RAJASTHAN vs. ACIT, CENTRAL CIRLCE, KOTA, KOTA, RAJASTHAN

ITA 302/JPR/2024[2017-18]Status: DisposedITAT Jaipur03 Oct 2024AY 2017-18

Bench: Him Challenging The 2 Suwalka & Suwalka Properties & Builders Pvt. Ltd. Vs. Acit Assessment Order Dated 22.12.2019 Passed U/S.143(3)Of The Income Tax

For Appellant: Sh. Vijay Goyal, CAFor Respondent: Sh. Anup Singh, Addl. CIT
Section 115BSection 129Section 142Section 142(1)Section 143(2)Section 143(3)Section 145(3)Section 68Section 69A

…ee. (c) ST Teresa’s Oil Mills Vs State of Kerala 76 ITR 365 (Ker) Accounts regularly maintained in the course of business have to be taken as correct unless there are strong and sufficient reason to indicate that they are unreliable. (e) Haridas Parikh Vs ITO 113 TTJ 274 (ITAT Jodhpur):- Hon’ble ITAT Jodhpur Bench has held that unless the AO is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers, are not forthcoming…

INCOME TAX OFFICER, JAIPUR vs. MOTISONS JEWELLERS LTDL, JAIPUR

ITA 161/JPR/2022[2017-18]Status: DisposedITAT Jaipur29 Sept 2022AY 2017-18
For Appellant: Shri Vijay Goyal (C.A.)For Respondent: Shri Sanjay Dhariwal (CIT) a
Section 142(1)Section 143(2)Section 143(3)Section 68

…y. The question whether fall in gross profit stood explained by the assessee or not is a question of fact. Both, the Tribunal as well as CIT(A) has accepted the explanation given by the assessee. No substantial question of law arises. f) Haridas Parikh Vs ITO 113 TTJ 274 (ITAT Jodhpur):- Hon’ble ITAT Jodhpur Bench has held that unless the AO is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers, are not forthcoming…

SUN PHARMACEUTICAL INDUSTRIES,MUMBAI vs. JCIT 20(3), MUMBAI

In the result appeal of the Revenue is hereby dismissed

ITA 3507/MUM/2016[2011-12]Status: DisposedITAT Ahmedabad24 Aug 2022AY 2011-12

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed

For Appellant: Shri S.N. Soparkar, Sr. AdvocateFor Respondent: Shri Mohd Usman, CIT-DR
Section 80I

…ecific disallowances have been made and the total income of the assessee was computed on the basis of book result shown by the assessee after making specific additions and disallowances on the basis of the same. 5.7 In the case of Haridas Parikh V ITO [2009] 29 SOT 13 (30DH.)(URO), it was held by Hon'ble Tribunal that Unless the Assessing Officer is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers, are not forth…

MAHENDRA KUMAR MUTHA,JODHPUR vs. DCIT, CIRCLE-3, JODHPUR

In the result, the appeal of the assessee is allowed

ITA 248/JODH/2018[2012-13]Status: DisposedITAT Jodhpur28 Jan 2021AY 2012-13

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwalmahendra Kumar Mutha, Vs. Deputy Commissioner Of M/S R.B. Mutha & Co. Income Tax, B-11/A, Mandore Mandi, Circle-3, Jodhpur. Jodhpur. Pan No. Abmpm 02466 M Assessee By Shri Ajay Moondra Revenue By Shri A.S. Yadav, Jcit-Dr Date Of Hearing 04.11.2020 Date Of Pronouncement 29/01/2021

Section 44A

…IN THE INCOME TAX APPELLATE TRIBUNAL, JODHPUR BENCH, JODHPUR BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL ACCOUNTANT MEMBER Mahendra Kumar Mutha, Vs. Deputy Commissioner of M/s R.B. Mutha and Co. Income Tax, B-11/A, Mandore Mandi, Circle-3, Jodhpur. Jodhpur. PAN No. ABMPM 02466 M Assessee by Shri Ajay Moondra Revenue by Shri A.S. Yadav, JCIT-DR Date of Hearing 04.11.2020 Date of Pronouncement 29/01/2021 O R D E R PER: BENCH This is the appeal filed by the assessee against the order of the ld. CIT(A)-1, Jodhpur dated 27/03/2018 for the AY. 2012-13, wherein the assessee has raised fol…

SHREE RAMA MULTI-TECH LTD.,,AHMEDABAD vs. THE ACIT(OSD), CIRCLE-8, AHMEDABAD

In the result the appeal of the assessee is allowed

ITA 217/AHD/2014[2006-07]Status: DisposedITAT Ahmedabad20 Jan 2020AY 2006-07

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Shri S. N. Soparkar, Sr. Advocte, with Shri Parin ShahFor Respondent: Shri L. P. Jain, Sr. DR & Ms. A Khan, CIT DR
Section 143(3)Section 35D

…s would be justified to reject the account books under section 145(3) and to make the assessment in the manner contemplated in these provisions.” We also find support and guidance from the order of ITAT Bench in the case of Haridas Parikh Vs. ITO reported in 113 TTJ 274 wherein it was held as under: “Unless the Assessing Officer is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers are not forthcoming, etc., the…

THE ACIT,(OSD) CIRCLE-8,, AHMEDABAD vs. M/S. SHREE RAMA MULTI-TECH LTD.,, AHMEDABAD

In the result the appeal of the assessee is allowed

ITA 1890/AHD/2009[2003-04]Status: DisposedITAT Ahmedabad20 Jan 2020AY 2003-04

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Shri S. N. Soparkar, Sr. Advocte, with Shri Parin ShahFor Respondent: Shri L. P. Jain, Sr. DR & Ms. A Khan, CIT DR
Section 143(3)Section 35D

…s would be justified to reject the account books under section 145(3) and to make the assessment in the manner contemplated in these provisions.” We also find support and guidance from the order of ITAT Bench in the case of Haridas Parikh Vs. ITO reported in 113 TTJ 274 wherein it was held as under: “Unless the Assessing Officer is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers are not forthcoming, etc., the…

SHREE RAMA MULTI-TECH LTD.,,AHMEDABAD vs. THE DY.CIT(OSD)CIRCLE-8,, AHMEDABAD

In the result the appeal of the assessee is allowed

ITA 1511/AHD/2009[2004-05]Status: DisposedITAT Ahmedabad20 Jan 2020AY 2004-05

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Shri S. N. Soparkar, Sr. Advocte, with Shri Parin ShahFor Respondent: Shri L. P. Jain, Sr. DR & Ms. A Khan, CIT DR
Section 143(3)Section 35D

…s would be justified to reject the account books under section 145(3) and to make the assessment in the manner contemplated in these provisions.” We also find support and guidance from the order of ITAT Bench in the case of Haridas Parikh Vs. ITO reported in 113 TTJ 274 wherein it was held as under: “Unless the Assessing Officer is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers are not forthcoming, etc., the…

SHREE RAMA MULTI-TECH LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-8(4),, AHMEDABAD

In the result the appeal of the assessee is allowed

ITA 1510/AHD/2009[2003-04]Status: DisposedITAT Ahmedabad20 Jan 2020AY 2003-04

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Shri S. N. Soparkar, Sr. Advocte, with Shri Parin ShahFor Respondent: Shri L. P. Jain, Sr. DR & Ms. A Khan, CIT DR
Section 143(3)Section 35D

…s would be justified to reject the account books under section 145(3) and to make the assessment in the manner contemplated in these provisions.” We also find support and guidance from the order of ITAT Bench in the case of Haridas Parikh Vs. ITO reported in 113 TTJ 274 wherein it was held as under: “Unless the Assessing Officer is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers are not forthcoming, etc., the…

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ASIAN GRANITO INDIA LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

ITA 2451/AHD/2016[2013-14]Status: DisposedITAT Ahmedabad23 Oct 2019AY 2013-14
For Appellant: Shri Ankit Talsania, A.RFor Respondent: Shri O.P. Sharma, C.I.T.DR
Section 10(34)Section 115JSection 14A

…36 ITA nos.1517 & 2451/AHD/2016 Asstt. Years 2012-13 & 2013-14 in the instant case, we note that there was no such conclusive finding by the AO. We also find support and guidance from the order of ITAT Bench in the case of Haridas Parikh Vs. ITO reported in 113 TTJ 274 wherein it was held as under: Unless the Assessing Officer is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers are not forthcoming, etc., the b…

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ASIAN GRANITO INDIA LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

ITA 1517/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad23 Oct 2019AY 2012-13
For Appellant: Shri Ankit Talsania, A.RFor Respondent: Shri O.P. Sharma, C.I.T.DR
Section 10(34)Section 115JSection 14A

…36 ITA nos.1517 & 2451/AHD/2016 Asstt. Years 2012-13 & 2013-14 in the instant case, we note that there was no such conclusive finding by the AO. We also find support and guidance from the order of ITAT Bench in the case of Haridas Parikh Vs. ITO reported in 113 TTJ 274 wherein it was held as under: Unless the Assessing Officer is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers are not forthcoming, etc., the b…

SMT. JUNEJA CHANDRAKALA MOHINDERKUMAR,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-1,, GANDHIDHAM

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is partly allowed

ITA 453/RJT/2013[2005-06]Status: DisposedITAT Rajkot18 Oct 2019AY 2005-06

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. Nos.995/Rjt/2010 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Ito, Smt Juneja Chandrakala Ward-1, Mohinder, Vs. Gandhidham, 31, Tanker Owner Association Building, N.H. Way, Gandhidham-Kutch. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) .. आयकर अपील सं./I.T.A. No.930/Rjt/2010 & आयकर अपील सं./I.T.A. No.453/Rjt/2013 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Smt. Chandrakala M. Juneja, Ito, 31, Taker, Owners Asso. Ward-1, Vs. Bldg. Gandhidham. Gandhidham. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

For Appellant: Shri Kalpesh Doshi, A.RFor Respondent: Shri Anil Kumar Das, D.R
Section 271(1)(c)Section 44A

…ccounts cannot be rejected merely on the basis of assumption without bringing any concrete evidence of assessee being earned income outside. In this respect we find guidance and support from Hon’ble ITAT Bench in the case of Haridas Parikh Vs. ITO reported in 113 TTJ 274 wherein it was held as under: Unless the Assessing Officer is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers are not forthcoming, etc., the bo…

THE ITO, WARD-1,, GANDHIDHAM vs. SHRI JUNEJA CHANDRAKALA MOHINDER,, GANDHIDHAM

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is partly allowed

ITA 995/RJT/2010[2005-06]Status: DisposedITAT Rajkot18 Oct 2019AY 2005-06

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. Nos.995/Rjt/2010 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Ito, Smt Juneja Chandrakala Ward-1, Mohinder, Vs. Gandhidham, 31, Tanker Owner Association Building, N.H. Way, Gandhidham-Kutch. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) .. आयकर अपील सं./I.T.A. No.930/Rjt/2010 & आयकर अपील सं./I.T.A. No.453/Rjt/2013 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Smt. Chandrakala M. Juneja, Ito, 31, Taker, Owners Asso. Ward-1, Vs. Bldg. Gandhidham. Gandhidham. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

For Appellant: Shri Kalpesh Doshi, A.RFor Respondent: Shri Anil Kumar Das, D.R
Section 271(1)(c)Section 44A

…ccounts cannot be rejected merely on the basis of assumption without bringing any concrete evidence of assessee being earned income outside. In this respect we find guidance and support from Hon’ble ITAT Bench in the case of Haridas Parikh Vs. ITO reported in 113 TTJ 274 wherein it was held as under: Unless the Assessing Officer is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers are not forthcoming, etc., the bo…

SMT. CHANDRAKALA M. JUNEJA,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-1,, GANDHIDHAM

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is partly allowed

ITA 930/RJT/2010[2005-06]Status: DisposedITAT Rajkot18 Oct 2019AY 2005-06

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. Nos.995/Rjt/2010 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Ito, Smt Juneja Chandrakala Ward-1, Mohinder, Vs. Gandhidham, 31, Tanker Owner Association Building, N.H. Way, Gandhidham-Kutch. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) .. आयकर अपील सं./I.T.A. No.930/Rjt/2010 & आयकर अपील सं./I.T.A. No.453/Rjt/2013 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Smt. Chandrakala M. Juneja, Ito, 31, Taker, Owners Asso. Ward-1, Vs. Bldg. Gandhidham. Gandhidham. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

For Appellant: Shri Kalpesh Doshi, A.RFor Respondent: Shri Anil Kumar Das, D.R
Section 271(1)(c)Section 44A

…ccounts cannot be rejected merely on the basis of assumption without bringing any concrete evidence of assessee being earned income outside. In this respect we find guidance and support from Hon’ble ITAT Bench in the case of Haridas Parikh Vs. ITO reported in 113 TTJ 274 wherein it was held as under: Unless the Assessing Officer is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers are not forthcoming, etc., the bo…

SHRI NITIN RAJ JAIN,JAIPUR vs. INCOME TAX OFFICER , JAIPUR

In the result, appeal of the assessee is partly allowed

ITA 69/JPR/2018[2012-13]Status: DisposedITAT Jaipur13 May 2019AY 2012-13
For Appellant: Shri Manish Agarwal (CA)For Respondent: Shri Varinder Mehta (CIT)
Section 131Section 142(1)Section 145(3)Section 68

…ithout any basis. The ld. A/R has relied upon the decision of Hon’ble Jurisdictional High Court in the case of Malani Ramjivan Jagannath vs. ACIT, 316 ITR 120 (Raj.) as well as the decision of Jodhpur Bench of the Tribunal in case of Haridas Parikh vs. ITO, 29 SOT 13 (Jodh.). He has submitted that when the assessee has furnished the reasonable explanation for reduction in the profit during the year, then the books are not required to be rejected on this ground. The ld. A/R has submitted that the action of the AO rejecting the books of account and then making trading addition is not justified. 4. On the othe…

M/S PAWAN ENTERPRISES,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

ITA 76/JPR/2018[2014-15]Status: DisposedITAT Jaipur04 Jul 2018AY 2014-15

Bench: The Itat By Taking Following

For Appellant: Shri Vijay Goyal (CA) &For Respondent: Smt. Seema Meena (JCIT-DR)
Section 143(3)Section 145(3)

…The question whether fall in gross profit stood explained by the assessee or not is a question of fact. Both, the Tribunal as well as CIT(A) has accepted the explanation given by the assessee. No substantial question of law arises. (iv) Haridas Parikh Vs ITO 113 TTJ 274 (ITAT Jodhpur):- Hon’ble ITAT Jodhpur Bench has held that unless the AO is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers, are not forthcoming…

DCIT, JAIPUR vs. KAYAKALP HERBAL PVT. LTD., JAIPUR

ITA 609/JPR/2016[2005-06]Status: DisposedITAT Jaipur25 Apr 2017AY 2005-06
For Appellant: Shri Vijay Goyal, CA &For Respondent: Smt. Pratima Kaushik, CIT - DR fu/kZkfjrh dh vksj ls@
Section 139(1)Section 153A

…The question whether fall in gross profit stood explained by the assessee or not is a question of fact. Both, the Tribunal as well as CIT(A) has accepted the explanation given by the assessee. No substantial question of law arises. (iv) Haridas Parikh Vs ITO 113 TTJ 274 (ITAT Jodhpur):- Hon’ble ITAT Jodhpur Bench has held that unless the AO is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or if proper particulars, bills, vouchers, are not forthcoming…

PRADEEP KUMAR HIMMATRAMKA,JAIPUR vs. ITO, JHUNJHUNU

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

ITA 140/JPR/2017[2010-11]Status: DisposedITAT Jaipur18 Apr 2017AY 2010-11

Bench: Ao & No Defect Whatsoever Was Pointed Out In The Same, Thus The Observation Of The Ao & Ld. Cit(A) That The Assessee Has Not Maintained Stock Records Deserves To Be Excluded & Ignored

For Appellant: Shri Manish Agarwal, CAFor Respondent: Smt. Poonam Rai, DCIT-. DR
Section 145(3)Section 54B

…2,09,02,160 69,97,165 2,31,60,371 Gross profit 3,33,478 2,46,345 5,93,203 G.P. Rate 1.59% 3.52% 2.56% The ld. AR of the assessee relied on following case laws:- 1. Malani Ramjivan Jagannath Vs.Asst. CIT (Raj.) (2009)316 ITR 120 2. Haridas Parikh V ITO [2009] 29 SOT 13 (JODH.)(URO) 3. Ashok Kumar & Co. v. ITO [2004] 2 SOT 518 (Asr.) (SMC) 4. CM. Francis & Co. (P.) Ltd. v. CIT [77 ITR 449] (Ker) 5. Asstt. CIT v. L.M.P. Tractors (P.) Ltd. [2005] 148 Taxman 52 (Mag.) (Ahemdabad) Conclusively, the ld. AR of the assessee prayed that the lower authorities have wrongly invoked the provisions of Section 145(3) of the Ac…

LAXMI NARAYAN HIMMATRAMKA,JAIPUR vs. ITO, JHUNJHUNU

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

ITA 973/JPR/2016[2010-11]Status: DisposedITAT Jaipur18 Apr 2017AY 2010-11
For Appellant: Shri Manish Agarwal, CAFor Respondent: Smt. Poonam Rai, DCIT-. DR
Section 145(3)

…8-09 3,05,87,851.00 21,855.00 0.71 5 Late Shri Laxmi Narayan Himmatramka vs. ITO, Ward- 2 , Jhunjhunu . The ld. AR of the assessee relied on following case laws:- 1. Malani Ramjivan Jagannath Vs.Asst. CIT (Raj.), 316 ITR 120 2. Haridas Parikh V ITO [2009] 29 SOT 13 (JODH.)(URO) 3. Ashok Kumar & Co. v. ITO [2004] 2 SOT 518 (Asr.) (SMC) 4. CM. Francis & Co. (P.) Ltd. v. CIT [77 ITR 449] (Kerala) 5. Asstt. CIT v. L.M.P. Tractors (P.) Ltd. [2005] 148 Taxman 52 (Mag.) (Ahmedabad ) 6. ACIT vs. Kanhaiyalal Choudhary [ITAT Jaipur Bench]: The accepted past history is the best guide and when the assessee has declared b…

AMIT BHANDARI,JAIPUR vs. ITO, JAIPUR

In the result, both the appeals of the assessee are partly allowed

ITA 350/JPR/2015[2008-09]Status: DisposedITAT Jaipur06 Apr 2017AY 2008-09
For Appellant: Shri B.P. Moondra (CA)For Respondent: Shri Raj Mehra (Addl.CIT)
Section 145(3)Section 148Section 40A(3)

…from whom so called purchase bill have been obtained. But no addition was made in the past on the basis of bogus purchases in assessee’s case. Ld. AR relied on the following case laws:- Your honor kind attention is invited in Haridas Parikh V ITO (i) [2009] 29 SOT 13 (JODH.)(URO) case in which your honor it was held that unless the Assessing Officer is able to point out certain ITA 350 & 351/JP/2015_ 6 Amit Bhandari Vs ITO transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed in the books of account or i…