Income Tax Officer v. Sadhwani Brothers ITAT, Jaipur

58 DTR 368Reported decision2011#25288 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2017 to 2017.

Judgments citing Income Tax Officer v. Sadhwani Brothers ITAT, Jaipur

ITO, Kota vs. Babu Lal Somani, Kota

ITA 931/JPR/2013[2009-10]Status: DisposedITAT Jaipur18 Sept 2017AY 2009-10

For Appellant: NoneFor Respondent: Shri Ajay Chandra (CIT) fu/kZkfjrhdh vksj ls@

Section 133ASection 142Section 143(3)Section 69C

…that once books of accounts are rejected no separate disallowance can be made. He placed his reliance on the following judgments:- i). CIT Vs. GK contractors (2009)19 DTR 305(Raj.). ii). Choudhary Bros. Vs. ITO 135 TTJ 55 (JP.) iii). ITO Vs. Sadhwani Bros. 58 DTR 368 (JP.) iv). Rajendra Kumar Kedia 22 TW 506 & Kiran Udhyog 34 TW 80 While deciding the aforesaid issue my predecessor CIT(A) has held as under:- “It has been held by various judicial authorities that once the books of accounts are rejected and income is estimated by applying fixed profit rate, no further disallowance is justified u/s 40(a)(ia). A…

Ratan Taxtiles P. Ltd., Jaipur vs. DCIT, Jaipur

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

ITA 527/JPR/2016[2009-10]Status: DisposedITAT Jaipur21 Apr 2017AY 2009-10

For Appellant: Shri Manish Agarwal &For Respondent: Shri Rajendra Singh (Addl.CIT)

Section 133ASection 143(3)Section 145(3)

…of Income-tax reported in 232 ITR 0776-[1998] (ii) 037 ITR 0369 Maddi Sudarsanam Oil Mills Co. v. CIT [Andhra Pradesh High Court] (iii) 36 DTR 220 Teja Constructions Vs. Asstt. CIT (Hyd. ‘A’) (iv) 116 TTJ 289 ITO Vs. Kenaram Saha & Subhash Saha (Kol.) (v) 58 DTR 368 ITO vs. Sadhwani Brotehrs (Jp 'B') (vi) Singhal Builders Contractor v. Addl. CIT [2011] 12 Taxman.com 199 (Jp. ITAT) (vii) [2011] 007 ITR (Trib) 0183 Reliable Surface Coatings Vs. ACIT. 11. On the contrary, the ld Sr.DR has vehemently supported the orders of the authorities below. However, he submitted that the ld. CIT(A) was not justified in…

DCIT, Jaipur vs. Jadau Jewellers & Mfg (P) Ltd., Jaipur

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

ITA 502/JPR/2016[2010-11]Status: DisposedITAT Jaipur28 Feb 2017AY 2010-11

For Appellant: Shri Vijay Goyal and Shri Gulshan Agarwal, CAFor Respondent: Shri R.A. Verma, Addl.CIT - DR

Section 142Section 144Section 153A

…mber, 2002 (2003) 80 TTJ (Jp) 945 Held that where trading addition has been made by estimating gross profit rate, provision of s. 40A(3) cannot be invoked. iv) Income Tax Officer vs. Sadhwani Brothers ITAT, Jaipur ‘B’ bench (2011) 142 TTJ (JP)(UO) 26 : (2011) 58 DTR 368 Asst. Year 2002-03 Held that AO having rejected the books of account and applied the net profit rate for the purpose of computing income, no disallowance could be made under s. 40A(3). In this case decision of Hon’ble Allahabad High Court in the case of CIT vs. Banwarilal Banshidhar (1998) 148 CTR (All) 533 : (1998) 229 ITR 229 (All), decision of…