ITO v. Gurubachan Singh J. Juneja

216 ITR 99Income Tax Appellate Tribunal#9532 most cited

What is ITO v. Gurubachan Singh J. Juneja authority for?

When making additions for unaccounted sales, only the gross profit or net profit on those sales can be added to total income, not the entire sale price, unless there is material showing the assessee made investments for such unaccounted sales. The gross profit rate should be applied to the unaccounted sales.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2015 to 2025.

Also referred to as

ITO v. Gurubachan Singh J. Juneja · 216 ITR 99 · unaccounted sales · gross profit rate · business income · addition to income · suppressed sales · cash sales

Sections most often in play

Section 132(4)Section 143(3)Section 115BBESection 132Section 132(4A)Section 133(6)Section 142(1)Section 143(2)

Issues it is cited on

surrender of incomehouse property incomesection 56(2)(vii)(b)tax benefitsurvey under section 133asection 132(4a)section 292csection 69bblock periodsection 40a(3)section 292loose papers

Judgments citing ITO v. Gurubachan Singh J. Juneja

Assistant Commissioner of Income Tax, Central Circle-4, Jaipur vs. Pawan Kumar Jhalani, Jaipur

In the result, the appeal of the revenue in ITA No

ITA 966/JPR/2025[2019-20]Status: DisposedITAT Jaipur17 Nov 2025AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Rohan Sogani, CAFor Respondent: Mrs. Anita Rinesh, JCIT
Section 132(1)Section 153CSection 4

…(Jab) 17 ITA Nos. 966/JP/2025 & CO No. 25/JP/2025 ACIT vs. Pawan Kumar Jhalani Addition can be made only of G.P/N.P. on suppressed sales and not entire sale price itself made only of G.P/N.P. on suppre NCOME TAX DEPARTMEN ITO V. Gurubachan Singh J. Juneja 216 ITR 99 (AT) (Ahd-trib) (TM) It was held that value of the cash sales can't be added to the total income as there was no material on record that assessee made investment to make unaccounted sales. Gross profit rate should be applied to the unaccounted sales. This decision is approved by Hon'ble Gujarat High Court reported in 302 ITR 63. 4.5.7 it is not di…

ACIT, Central Circle, Alwar vs. Sh. Tara Chand Gupta, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 514/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Mar 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम ACIT, Vs. Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Kesh

For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR a
Section 143(3)Section 68Section 69C

…pted and once it was adopted it could not be said that there was perversity of approach. Agrawal Motors Vs. ACIT 68 ITD 407 (Jab) Addition can be made only of G.P./N.P. on suppressed sales and not entire sale price itself. ITO Vs. Gurubachan Singh J. Juneja 216 ITR 99 (Ahd.) (Trib.) (TM) It was held that value of the cash sales can’t be added to the total income as there was no material on record that assessee made investment to make unaccounted sales. Gross profit rate should be applied to the unaccounted sales. This decision is approved by Hon’ble Gujarat High Court reported in 302 ITR 63. 2. The Ld. CIT(A) h…

Sh. Tarachand Gupta, Alwar vs. ACIT, Central Circle, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 449/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Mar 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम Vs. ACIT, Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Ke

For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR a
Section 143(3)Section 68Section 69C

…pted and once it was adopted it could not be said that there was perversity of approach. Agrawal Motors Vs. ACIT 68 ITD 407 (Jab) Addition can be made only of G.P./N.P. on suppressed sales and not entire sale price itself. ITO Vs. Gurubachan Singh J. Juneja 216 ITR 99 (Ahd.) (Trib.) (TM) It was held that value of the cash sales can’t be added to the total income as there was no material on record that assessee made investment to make unaccounted sales. Gross profit rate should be applied to the unaccounted sales. This decision is approved by Hon’ble Gujarat High Court reported in 302 ITR 63. 2. The Ld. CIT(A) h…

Sh. Tarachand Gupta, Alwar vs. ACIT, Central Circle, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 447/JPR/2024[2015-16]Status: DisposedITAT Jaipur10 Mar 2025AY 2015-16
For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR
Section 143(3)Section 68Section 69C

…dopted and once it was adopted it could not be said that there was perversity of approach. Agrawal Motors Vs. ACIT 68 ITD 407 (Jab) Addition can be made only of G.P./N.P. on suppressed sales and not entire sale price itself. ITO Vs. Gurubachan Singh J. Juneja 216 ITR 99 (Ahd.) (Trib.) (TM) It was held that value of the cash sales can't be added to the total income as there was no material on record that assessee made investment to make unaccounted sales. Gross profit rate should be applied to the unaccounted sales. This decision is approved by Hon'ble Gujarat High Court reported in 302 ITR 63. 2. The Ld. CIT(A) h…

ACIT, Central Circle, Alwar vs. Shri Babu Lal Data, 2015-16

In the result, appeal of the revenue is dismissed

ITA 1232/JPR/2019[2016-17]Status: DisposedITAT Jaipur05 May 2022AY 2016-17
For Appellant: Sh. P. C. Parwal, CAFor Respondent: S. Naiyer Ali Najmi, CIT
Section 127Section 132Section 139Section 153A

…which were sold, had been made by the assessee and that investment was also not disclosed, only the excess over the cost incurred could be treated as profit. Accordingly, only profits embedded in sale proceeds can be taxed. ITO VS. Gurubachan Singh J. Juneja 216 ITR 99 (AT) (Ahd.) (Trib.) (TM) It was held that value of the cash sales can't be added to the total income as there was no material on record that assessee made investment to make unaccounted sales. Gross profit rate should be applied to the unaccounted sales. This decision is approved by Hon'ble Gujarat High Court reported in 302 ITR 63 where at Para 6…

ACIT, Central Circle, Alwar vs. Shri Babu Lal Data, 2015-16

In the result, appeal of the revenue is dismissed

ITA 1231/JPR/2019[2015-16]Status: DisposedITAT Jaipur05 May 2022AY 2015-16
For Appellant: Sh. P. C. Parwal, CAFor Respondent: S. Naiyer Ali Najmi, CIT
Section 127Section 132Section 139Section 153A

…which were sold, had been made by the assessee and that investment was also not disclosed, only the excess over the cost incurred could be treated as profit. Accordingly, only profits embedded in sale proceeds can be taxed. ITO VS. Gurubachan Singh J. Juneja 216 ITR 99 (AT) (Ahd.) (Trib.) (TM) It was held that value of the cash sales can't be added to the total income as there was no material on record that assessee made investment to make unaccounted sales. Gross profit rate should be applied to the unaccounted sales. This decision is approved by Hon'ble Gujarat High Court reported in 302 ITR 63 where at Para 6…

Shri Babu Lal Data, Alwar vs. DCIT, Central Circle, Alwar

In the result, appeal of the revenue is dismissed

ITA 1223/JPR/2019[2016-17]Status: DisposedITAT Jaipur05 May 2022AY 2016-17
For Appellant: Sh. P. C. Parwal, CAFor Respondent: S. Naiyer Ali Najmi, CIT
Section 127Section 132Section 139Section 153A

…which were sold, had been made by the assessee and that investment was also not disclosed, only the excess over the cost incurred could be treated as profit. Accordingly, only profits embedded in sale proceeds can be taxed. ITO VS. Gurubachan Singh J. Juneja 216 ITR 99 (AT) (Ahd.) (Trib.) (TM) It was held that value of the cash sales can't be added to the total income as there was no material on record that assessee made investment to make unaccounted sales. Gross profit rate should be applied to the unaccounted sales. This decision is approved by Hon'ble Gujarat High Court reported in 302 ITR 63 where at Para 6…

Shri Babu Lal Data, Alwar vs. DCIT, Central Circle, Alwar

In the result, appeal of the revenue is dismissed

ITA 1222/JPR/2019[2015-16]Status: DisposedITAT Jaipur05 May 2022AY 2015-16
For Appellant: Sh. P. C. Parwal, CAFor Respondent: S. Naiyer Ali Najmi, CIT
Section 127Section 132Section 139Section 153A

…which were sold, had been made by the assessee and that investment was also not disclosed, only the excess over the cost incurred could be treated as profit. Accordingly, only profits embedded in sale proceeds can be taxed. ITO VS. Gurubachan Singh J. Juneja 216 ITR 99 (AT) (Ahd.) (Trib.) (TM) It was held that value of the cash sales can't be added to the total income as there was no material on record that assessee made investment to make unaccounted sales. Gross profit rate should be applied to the unaccounted sales. This decision is approved by Hon'ble Gujarat High Court reported in 302 ITR 63 where at Para 6…

ACIT, Kota vs. Kaizen Enterprises Pvt. Ltd, Kota

In the result, the appeal of the Revenue and the cross-objection of the assessee is allowed for statistical purposes

ITA 1042/JPR/2016[2013-14]Status: DisposedITAT Jaipur18 Jan 2019AY 2013-14
For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 132(4)Section 143(3)Section 153A

…hishek Corporation Vs. DCIT 63 TTJ 651 (Ahd.) • CIT Vs. President Industries 258 ITR 654 (Guj.) • Mohan SadhaniVs. CIT 304 ITR 52 (MP) • CIT Vs. Balchand Ajit Kumar 263 ITR 610 (MP) • Agrawal Motors Vs ACIT 68 ITD 407 (Jab) • ITO V. Gurubachan Singh J. Juneja 216 ITR 99 (Ahd) The principles laid down in these cases are equally applicable in case of assessee and therefore, the Ld. CIT(A) has rightly held that the on- money receipt as such cannot be taxed as income but only a reasonable g.p. rate on such receipt can be assed to tax. Hence, the order of Ld. CIT(A) to this extent be upheld by dismissing the ground o…

Asst.C.I.T., Shimoga vs. M/S H. Omkarappa, Shimoga

In the result, the appeal filed by the revenue is treated as partly allowed for statistical purposes

ITA 954/BANG/2015[2008-09]Status: DisposedITAT Bangalore30 Jun 2016AY 2008-09

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Raoasst. Commissioner Of Income-Tax, Circle 1, Shivamogga. … Appellant Vs. H .Omkarappa, Prop. M/S. N.R.Halagappa & Sons No.3, ’A’ Block, Apmc Yard, Shivamogga. … Respondent Pa No.Aabhh 1124 B

For Appellant: Shri Sunil Kumar Agarwala,JCIT(DR)For Respondent: Shri V.Srinivasan, Advocate
Section 143(1)Section 40

…al turnover of Rs.2,23,40,550/- should be made following the following decision: i. CIT vs. President Industries (258 ITR 654)(Guj. ii. CIT vs. S.M.Omar (201 ITR 608) iii. Anis Ahmed & Sons vs. CIT(A) (297 ITR 441)(SC) and iv. ITO vs. Gurubachan Singh Juneja (216 ITR 99)(ITAT, Ahm.) (216 ITR 99) As regards the disallowance of commission and interest u/s 40(a)(ia) of the Act, the additions were deleted by the CIT(A) by observing that tax deducted or remitted to the Government of India before due date for filing return of income. 5. Being aggrieved by this order, revenue has filed the present appeal before us. 6.…

Income-Tax Officer, Ward-1, Chitradurga vs. M/S Karthik Poultry Farm, Chitradurga

In the result, revenue’s appeal for the assessment year 2011-12

ITA 1106/BANG/2014[2011-12]Status: DisposedITAT Bangalore06 Nov 2015AY 2011-12

Bench: Smt Asha Vijayaraghavan & Shri Jason P Boaz

For Appellant: Shri S. Venkatesan, CAFor Respondent: Shri M. Rajasekhar, Addl. CIT
Section 133ASection 143(1)Section 143(3)

…s only a price received by the seller of the 9 ITA No.1106(B)14 goods and only the realization over cost that can be the profit. In coming to the aforesaid conclusion, the learned CIT(A) has relied upon by the judgments of the ITO Vs Gurubachan Singh Juneja (216 ITR 99 (ITAT Ahmedabad) CIT Vs S.M.Omar (201 ITR 608) (Cal.) Anis Ahmed & Sons Vs CIT (297 ITR 441) (SC) and CIT Vs President Industries (258 ITR 654) (Guj.), which has been approved by the Hon’ble Madhya Pradesh High Court in the case of CIT Vs Balchand Ajit Kumar (263 ITR 610) (MP) and which, in our view, are applicable to the facts of the case o…

ITO v. Gurubachan Singh J. Juneja (216 ITR 99) — Cited in 11 Judgments | BharatTax