Jas Raj Dhoka v. ITO

Raghav Kumar Dhoot, Jaipur vs. DCIT Central Circle 1, Jaipur

In the result, the appeal filed by the assessee is allowed

…ndering practices. Nulluscommodumcaperepotest de injuriasuapropria meaning no man can take advantage of his own wrong is a maxim of law, recognized and established. It has been held by the Hon'ble ITAT in the case of Jas Raj Dhoka v. Income-tax Officer [2009] 29 SOT 66 (Jodhpur) (URO)/[2008] 119 TTJ 685 (Jodhpur) [10-09-2008] as under:- "19. In the appellant's case, it has been admitted that amounts recorded in the names of these persons are loans which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account, it, therefore, follows that the appella…

DCIT, CC-2, Jaipur vs. Shri Jitendra Kumar Agarwal, Jaipur

In the result, appeal of the assessee is dismissed and that of the revenue is also stands dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…unt to allow the dishonest assessees to bring the unaccounted money in the books without paying any tax. Such construction of the provisions, in my considered opinion is not permitted. "** Further, the Hon'ble Jodhpur Bench in the case of Jas Raj Dhoka v ITO, 29 SOT 66 has held that- "19. In the appellant's case, it has been admitted that amounts recorded in the names of these persons are loans which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account; it, therefore, follows that the appellant had an intention to keep a record of loans so take…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

The appeal of the assessee is partly allowed and that of the revenue stands dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…r amount to allow the dishonest assesses to bring the accounted money in the books without paying any tax. Such construction of the provisions, in my considered opinion, is not permitted" Further, the Hon'ble Jodhpur Bench in the case of Jas Raj Dhoka v ITO, 29 SOT 66 has held that "19. In the appellant's case, it has been admitted that amounts recorded in the names of these person are loan which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account, it, therefore, follows that the appellant had an intention to keep a record of loans so taken by…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

In the result, appeal of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…ount to allow the dishonest assessees to bring the unaccounted money in the books without paying any tax. Such construction of the provisions, in my considered opinion, is not permitted." Further, the Hon'ble Jodhpur Bench in the case of Jas Raj Dhoka v ITO, 29 SOT 66 has held that- "19. In the appellant's case, it has been admitted that amounts recorded in the names of these persons are loans which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account; it, therefore, M/s Royal Jewellers vs. DCIT follows that the appellant had an intention to…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

In the result, appeal of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…ount to allow the dishonest assessees to bring the unaccounted money in the books without paying any tax. Such construction of the provisions, in my considered opinion, is not permitted." Further, the Hon'ble Jodhpur Bench in the case of Jas Raj Dhoka v ITO, 29 SOT 66 has held that- "19. In the appellant's case, it has been admitted that amounts recorded in the names of these persons are loans which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account; it, therefore, M/s Royal Jewellers vs. DCIT follows that the appellant had an intention to…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

In the result, appeal of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…ount to allow the dishonest assessees to bring the unaccounted money in the books without paying any tax. Such construction of the provisions, in my considered opinion, is not permitted." Further, the Hon'ble Jodhpur Bench in the case of Jas Raj Dhoka v ITO, 29 SOT 66 has held that- "19. In the appellant's case, it has been admitted that amounts recorded in the names of these persons are loans which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account; it, therefore, M/s Royal Jewellers vs. DCIT follows that the appellant had an intention to…

M/S. Royal Jewellers, Jaipur vs. DCIT, Central Circle, Jaipur

The appeal of the assessee is partly allowed and that of the revenue stands dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…r amount to allow the dishonest assesses to bring the accounted money in the books without paying any tax. Such construction of the provisions, in my considered opinion, is not permitted" Further, the Hon'ble Jodhpur Bench in the case of Jas Raj Dhoka v ITO, 29 SOT 66 has held that "19. In the appellant's case, it has been admitted that amounts recorded in the names of these person are loan which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account, it, therefore, follows that the appellant had an intention to keep a record of loans so taken by…

M/S. Royal Jewellers, Jaipur vs. DCIT, Central Circle, Jaipur

In the result, appeal of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…ount to allow the dishonest assessees to bring the unaccounted money in the books without paying any tax. Such construction of the provisions, in my considered opinion, is not permitted." Further, the Hon'ble Jodhpur Bench in the case of Jas Raj Dhoka v ITO, 29 SOT 66 has held that- "19. In the appellant's case, it has been admitted that amounts recorded in the names of these persons are loans which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account; it, therefore, M/s Royal Jewellers vs. DCIT follows that the appellant had an intention to…

M/S. Royal Jewellers, Jaipur vs. DCIT, Central Circle, Jaipur

In the result, appeal of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…ount to allow the dishonest assessees to bring the unaccounted money in the books without paying any tax. Such construction of the provisions, in my considered opinion, is not permitted." Further, the Hon'ble Jodhpur Bench in the case of Jas Raj Dhoka v ITO, 29 SOT 66 has held that- "19. In the appellant's case, it has been admitted that amounts recorded in the names of these persons are loans which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account; it, therefore, M/s Royal Jewellers vs. DCIT follows that the appellant had an intention to…

M/S. Royal Jewellers, Jaipur vs. DCIT, Central Circle, Jaipur

In the result, appeal of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…ount to allow the dishonest assessees to bring the unaccounted money in the books without paying any tax. Such construction of the provisions, in my considered opinion, is not permitted." Further, the Hon'ble Jodhpur Bench in the case of Jas Raj Dhoka v ITO, 29 SOT 66 has held that- "19. In the appellant's case, it has been admitted that amounts recorded in the names of these persons are loans which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account; it, therefore, M/s Royal Jewellers vs. DCIT follows that the appellant had an intention to…

Shri Jitendra Kumar Agarwal, Jaipur vs. DCIT, Central Circle-2, Jaipur

In the result, appeal of the assessee is dismissed and that of the revenue is also stands dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…unt to allow the dishonest assessees to bring the unaccounted money in the books without paying any tax. Such construction of the provisions, in my considered opinion is not permitted. "** Further, the Hon'ble Jodhpur Bench in the case of Jas Raj Dhoka v ITO, 29 SOT 66 has held that- "19. In the appellant's case, it has been admitted that amounts recorded in the names of these persons are loans which have been utilized for repaying business loans of the assessee without recording the same in the regular books of account; it, therefore, follows that the appellant had an intention to keep a record of loans so take…

Shri Naresh Jhanwar, Jaipur vs. DCIT, C.C.-3, Jaipur

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

…vidence had been furnished by the assessee to establish that cash deposited in its bank account was in lieu of sales made of Jewellery, addition made to assessee’s income on account of unverifiable sales was justified. b) Jas Raj Dhoka Vs. Income Tax Officer, 29 SOT 66 (Jodhpur) Whether in view of fact that the assessee intended ot keep record of loans taken by him when he made entries thereof in diary impounded from his business premises, such a diary having account of assessee’s transactions would be regarded as his books for purpose of section 68. c) Haji Nazir Hussain Vs. Income Tax Officer 91 ITD 42 (Delhi)…

Shri Naresh Jhanwar, Jaipur vs. DCIT, C.C.-3, Jaipur

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

…vidence had been furnished by the assessee to establish that cash deposited in its bank account was in lieu of sales made of Jewellery, addition made to assessee’s income on account of unverifiable sales was justified. b) Jas Raj Dhoka Vs. Income Tax Officer, 29 SOT 66 (Jodhpur) Whether in view of fact that the assessee intended ot keep record of loans taken by him when he made entries thereof in diary impounded from his business premises, such a diary having account of assessee’s transactions would be regarded as his books for purpose of section 68. c) Haji Nazir Hussain Vs. Income Tax Officer 91 ITD 42 (Delhi)…