Mahaan Foods Ltd. v. DCIT

SUNIL KUMAR AGARWAL,JAIPUR vs. ACIT, CEN. CIR-2, JAIPUR

In the result the appeal of the assessee in ITA no

…ndra Kumar Sancheti (ITAT Jaipur) 42 Taxworld 152 dated 27.03.2009 Addition cannot be made on the basis of seized paper which is not prepared by the assessee and which appears to be a deaf and dumb document. (ii) Mahaan Foods Ltd. Vs. DCIT (ITAT Delhi) (2009) 27 DTR 185 In the absence of any other evidence found during the course of search or brought on record by the Assessing Officer to show that the expenditure found noted on seized documents was actually incurred by the assessee, the same cannot be added to the undisclosed income of the assessee. No inference could be drawn against the assessee much less any i…

RAM DHAN YADAV,CHOMU JAIPUR vs. INCOME TAX OFFICER, ITO 7(3), JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…) 77 TTJ 1 (Mum) Bansal Strips Pvt Ltd vs ACIT (2005) 100 TTJ 665 (Del) Kishan Chand Sobhraj Mal (1991) 42 TTJ 423 (JP) 7. No addition on the basis of ‘dumb paper’ DCIT vs Rajendra Kumar Sancheti (ITAT Jaipur) 42 TW 152 Mohan Foods Ltd vs DCIT (ITAT Delhi) 27 DTR 185 Moolchand Kumawat &Sons vs DCIT (Ajmer) 42 TW 241 3.2.5. REVENUE IS NOT ALLOWED TO ‘ PICK& CHOOSE” : During the course of the assessment proceedings, the ld AO recorded the statement of the assessee on 17.12.12 wherein the assessee stated that he did not have any financial transaction with Shri Chandra Prakash Dudi. The AO asked to the assessee…

RAM DHAN YADAV,CHOMU JAIPUR vs. ITO, WD 7(3), JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…) 77 TTJ 1 (Mum) Bansal Strips Pvt Ltd vs ACIT (2005) 100 TTJ 665 (Del) Kishan Chand Sobhraj Mal (1991) 42 TTJ 423 (JP) 7. No addition on the basis of ‘dumb paper’ DCIT vs Rajendra Kumar Sancheti (ITAT Jaipur) 42 TW 152 Mohan Foods Ltd vs DCIT (ITAT Delhi) 27 DTR 185 Moolchand Kumawat &Sons vs DCIT (Ajmer) 42 TW 241 3.2.5. REVENUE IS NOT ALLOWED TO ‘ PICK& CHOOSE” : During the course of the assessment proceedings, the ld AO recorded the statement of the assessee on 17.12.12 wherein the assessee stated that he did not have any financial transaction with Shri Chandra Prakash Dudi. The AO asked to the assessee…

SHRI ASHOK DHARENDRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Rathod Kamlesh Jayantbhai, Am Vk;Dj Vihy La-@Ita No. 256/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year :2015-16 Shri Ashok Dharendra, Cuke D.C.I.T. 23, Shivraj Niketan Scheme, Vs. Central Circle-3, Gautam Marg, Nr Vaishali Jaipur. Nagar Circle, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aavpd 6554 B Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Manish Agarwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri S. Najmi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/02/2022 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 12 /04/2022 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- 4, Jaipur Dated 01/12/2017 For The A.Y. 2015-16 In The Matter Of Order Passed U/S 143(3) Read With Section 153B(1)(B) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Has Grossly Erred In Confirming The Addition Of Rs. 1,50,00,000/- Made In The Assessment Completed U/S 143(3) R.W.S. 153B(1)(B) Solely On The Basis Of Statements Recorded During The Course Of Search Which Stood Retracted By The Assessee Through An Affidavit Filed. Thus, The Addition Made Solely On The Basis Of Such Retracted Statements Deserves To Be Deleted.

…ndra Kumar Sancheti (ITAT Jaipur) 42 Taxworld 152 dated 27.03.2009 Addition cannot be made on the basis of seized paper which is not prepared by the assessee and which appears to be a deaf and dumb document. (ii) Mahaan Foods Ltd. Vs. DCIT (ITAT Delhi) (2009) 27 DTR 185 In the absence of any other evidence found during the course of search or brought on record by the Assessing Officer to show that the expenditure found noted on seized documents was actually incurred by the assessee, the same cannot be added to the undisclosed income of the assessee. No inference could be drawn against the assessee much less any i…

RADHA GOVIND BUILDESTATE P. LTD,JAIPUR vs. ITO, JAIPUR

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 468/Jp/2017 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 I.T.O. Cuke M/S Radha Govind Build Estate Vs. Ward 3(5), Pvt. Ltd., Jaipur. E-4, Ganesham Tower, Amrapali Circle, Vaishali Nagar, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aadcr 0186 L Vihykfkhz@Appellant Izr;Fkhz@Respondent

…68, 469 & 474/JP/2017_ ITO Vs M/s Radha Govind Build Estate P ltd. Addition cannot be made on the basis of seized paper which is not prepared by the assessee and which appears to be a deaf and dumb document. (ii) Mahaan Foods Ltd. Vs. DCIT (ITAT Delhi) (2009) 27 DTR 185 In the absence of any other evidence found during the course of search or brought on record by the Assessing Officer to show that the expenditure found noted on seized documents was actually incurred by the assessee, the same cannot be added to the undisclosed income of the assessee. No inference could be drawn against the assessee much less any i…

ITO, JAIPUR vs. RADAHA GOVIND BUILD ESTATE PVT. LTD., JAIPUR

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 468/Jp/2017 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 I.T.O. Cuke M/S Radha Govind Build Estate Vs. Ward 3(5), Pvt. Ltd., Jaipur. E-4, Ganesham Tower, Amrapali Circle, Vaishali Nagar, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aadcr 0186 L Vihykfkhz@Appellant Izr;Fkhz@Respondent

…68, 469 & 474/JP/2017_ ITO Vs M/s Radha Govind Build Estate P ltd. Addition cannot be made on the basis of seized paper which is not prepared by the assessee and which appears to be a deaf and dumb document. (ii) Mahaan Foods Ltd. Vs. DCIT (ITAT Delhi) (2009) 27 DTR 185 In the absence of any other evidence found during the course of search or brought on record by the Assessing Officer to show that the expenditure found noted on seized documents was actually incurred by the assessee, the same cannot be added to the undisclosed income of the assessee. No inference could be drawn against the assessee much less any i…

ITO, JAIPUR vs. RADAHA GOVIND BUILD ESTATE PVT. LTD., JAIPUR

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 468/Jp/2017 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 I.T.O. Cuke M/S Radha Govind Build Estate Vs. Ward 3(5), Pvt. Ltd., Jaipur. E-4, Ganesham Tower, Amrapali Circle, Vaishali Nagar, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aadcr 0186 L Vihykfkhz@Appellant Izr;Fkhz@Respondent

…68, 469 & 474/JP/2017_ ITO Vs M/s Radha Govind Build Estate P ltd. Addition cannot be made on the basis of seized paper which is not prepared by the assessee and which appears to be a deaf and dumb document. (ii) Mahaan Foods Ltd. Vs. DCIT (ITAT Delhi) (2009) 27 DTR 185 In the absence of any other evidence found during the course of search or brought on record by the Assessing Officer to show that the expenditure found noted on seized documents was actually incurred by the assessee, the same cannot be added to the undisclosed income of the assessee. No inference could be drawn against the assessee much less any i…

ACIT, JAIPUR vs. RAJENDRA KUMAR JAIN, JAIPUR

…not explaining any specific transaction or time of the transaction then no addition is required to be made on the basis of such rough and dumb papers. He has relied upon the decision of Delhi Bench of the Tribunal in the case of Mahaan Foods Ltd. vs. DCIT, 27 DTR 185 as well as the decision of the Hon’ble Jurisdictional High Court in the case of Jayanti Lal Patel vs. ACIT, 233 ITR 588 (Raj.). 17.1. On the other hand, the ld. D/R has submitted that the assessee is Director of the company and on money was paid for purchase of land. In the statement recorded under section 131, the assessee has admitted that Sh…

ACIT, JAIPUR vs. RAJENDRA KUMAR JAIN, JAIPUR

…not explaining any specific transaction or time of the transaction then no addition is required to be made on the basis of such rough and dumb papers. He has relied upon the decision of Delhi Bench of the Tribunal in the case of Mahaan Foods Ltd. vs. DCIT, 27 DTR 185 as well as the decision of the Hon’ble Jurisdictional High Court in the case of Jayanti Lal Patel vs. ACIT, 233 ITR 588 (Raj.). 17.1. On the other hand, the ld. D/R has submitted that the assessee is Director of the company and on money was paid for purchase of land. In the statement recorded under section 131, the assessee has admitted that Sh…

ACIT, JAIPUR vs. RAJENDRA KUMAR JAIN, JAIPUR

…not explaining any specific transaction or time of the transaction then no addition is required to be made on the basis of such rough and dumb papers. He has relied upon the decision of Delhi Bench of the Tribunal in the case of Mahaan Foods Ltd. vs. DCIT, 27 DTR 185 as well as the decision of the Hon’ble Jurisdictional High Court in the case of Jayanti Lal Patel vs. ACIT, 233 ITR 588 (Raj.). 17.1. On the other hand, the ld. D/R has submitted that the assessee is Director of the company and on money was paid for purchase of land. In the statement recorded under section 131, the assessee has admitted that Sh…

RAJENDRA KUMAR JAIN,JAIPUR vs. ACIT, JAIPUR

…not explaining any specific transaction or time of the transaction then no addition is required to be made on the basis of such rough and dumb papers. He has relied upon the decision of Delhi Bench of the Tribunal in the case of Mahaan Foods Ltd. vs. DCIT, 27 DTR 185 as well as the decision of the Hon’ble Jurisdictional High Court in the case of Jayanti Lal Patel vs. ACIT, 233 ITR 588 (Raj.). 17.1. On the other hand, the ld. D/R has submitted that the assessee is Director of the company and on money was paid for purchase of land. In the statement recorded under section 131, the assessee has admitted that Sh…

RAJENDRA KUMAR JAIN,JAIPUR vs. ACIT, JAIPUR

…not explaining any specific transaction or time of the transaction then no addition is required to be made on the basis of such rough and dumb papers. He has relied upon the decision of Delhi Bench of the Tribunal in the case of Mahaan Foods Ltd. vs. DCIT, 27 DTR 185 as well as the decision of the Hon’ble Jurisdictional High Court in the case of Jayanti Lal Patel vs. ACIT, 233 ITR 588 (Raj.). 17.1. On the other hand, the ld. D/R has submitted that the assessee is Director of the company and on money was paid for purchase of land. In the statement recorded under section 131, the assessee has admitted that Sh…

RAJENDRA KUMAR JAIN,JAIPUR vs. ACIT, JAIPUR

…not explaining any specific transaction or time of the transaction then no addition is required to be made on the basis of such rough and dumb papers. He has relied upon the decision of Delhi Bench of the Tribunal in the case of Mahaan Foods Ltd. vs. DCIT, 27 DTR 185 as well as the decision of the Hon’ble Jurisdictional High Court in the case of Jayanti Lal Patel vs. ACIT, 233 ITR 588 (Raj.). 17.1. On the other hand, the ld. D/R has submitted that the assessee is Director of the company and on money was paid for purchase of land. In the statement recorded under section 131, the assessee has admitted that Sh…

RAJENDRA KUMAR JAIN,JAIPUR vs. ACIT, JAIPUR

…not explaining any specific transaction or time of the transaction then no addition is required to be made on the basis of such rough and dumb papers. He has relied upon the decision of Delhi Bench of the Tribunal in the case of Mahaan Foods Ltd. vs. DCIT, 27 DTR 185 as well as the decision of the Hon’ble Jurisdictional High Court in the case of Jayanti Lal Patel vs. ACIT, 233 ITR 588 (Raj.). 17.1. On the other hand, the ld. D/R has submitted that the assessee is Director of the company and on money was paid for purchase of land. In the statement recorded under section 131, the assessee has admitted that Sh…