Man Mohan Sadani v. CIT

304 ITR 52High Court2008#772 most cited

What is Man Mohan Sadani v. CIT authority for?

When assessing income from undisclosed or unrecorded sales, the entire sale proceeds cannot be added to the assessee's income; instead, only the net profit embedded in such unaccounted sales, determined by applying the assessee's net profit rate, should be taxed.

132

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2025.

Also referred to as

Man Mohan Sadani v. CIT · undisclosed sales income · unaccounted sales addition · net profit rate application · entire sale proceeds not to be added · Section 153A search assessment · Section 132 search and seizure · best judgment assessment undisclosed sales · on-money income computation · rejection of books of account profit rate · 304 ITR 52

Also reported as

188 Taxmann 277

Sections most often in play

Section 143(3)Section 153ASection 69CSection 115BBESection 132(4)Section 142(1)Section 132Section 143(2)

Issues it is cited on

on money receiptexplanation to section 37principal officersurvey under section 133asection 192section 145(3)rejection of books of accountblock periodsection 145on-moneyloose paperssection 40(a)(i)

Judgments citing Man Mohan Sadani v. CIT

The ACIT Central-1, Bhopal vs. Shri Narendra Gupta, Gwalior

ITA 795/IND/2018[2014-15]Status: DisposedITAT Indore01 Dec 2022AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2014-15 Acit Central-1 Shri Narendra Gupta, Bhopal Gwalior बनाम/ Vs. (Appellant / Revenue) (Respondent / Assessee) Pan: Afqpg 8055 A Revenue By Shri P.K. Mitra, Cit-Dr Respondent By Shri Ashish Goyal & Shri N.D. Patwa, Ars Date Of Hearing 08.09.2022 Date Of Pronouncement 01.12.2022

Section 131Section 132Section 143(3)

…me' as presumed by Id AO. The Hon'ble M.P. High Court (jurisdictional High Court) in the case of CIT v /s Balchand Ajit Kumar 263 ITR 610 M.P has held that the total sale cannot be regarded as the profit of the assessee. In the case of Manmohan Sadani vis CIT 304 ITR 52 M.P. the Hon'ble jurisdictional High Court has held that total sales cannot be regarded as profit of the assessee, on the contrary it is a net profit rate which has to be adopted in such case. Similar views have been expressed by Hon'ble Gujarat HC in the case of CIT V/s President Industries 158 CTR 0372 (Guj) wherein it was held that entire sales…

DCIT Circle- 15(3)(1), Mumbai vs. M/S Sanjivaini Parenteral Ltd., M

In the result, all the three appeals of the learned assessing officer are partly allowed

ITA 4154/MUM/2019[2011-12]Status: DisposedITAT Mumbai27 Jul 2022AY 2011-12

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri Hemant Kumar Chimanlal
Section 143(3)Section 147Section 69C

…ing only purchases disregarding corresponding structured sales to deduce correct income is not acceptable. In CIT v. Balchand Ajit Kumar 263 ITR 610 (MP) has held that the total sales cannot be regarded as the profit of the assessee. In Manmohan Sadani v. CIT 304 ITR 52 (MP) the Hon'ble High Court held that total sales cannot be regarded as profit of the assessee, on the contrary it is a net profit rate which has to be adopted in such cases. In N.K. Industries Ltd. v. Dy. CIT (Guj), Tax Appeal Nos. 240 to 242, 260 & 261 of 2003, the Gujarat High Court has held that the addition should be made of income component…

DCIT, Circle-15(3)(1), Mumbai vs. M/S- Sanjivani Parenteral Ltd., Mumbai

In the result, all the three appeals of the learned assessing officer are partly allowed

ITA 4153/MUM/2019[2009-10]Status: DisposedITAT Mumbai27 Jul 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri Hemant Kumar Chimanlal
Section 143(3)Section 147Section 69C

…ing only purchases disregarding corresponding structured sales to deduce correct income is not acceptable. In CIT v. Balchand Ajit Kumar 263 ITR 610 (MP) has held that the total sales cannot be regarded as the profit of the assessee. In Manmohan Sadani v. CIT 304 ITR 52 (MP) the Hon'ble High Court held that total sales cannot be regarded as profit of the assessee, on the contrary it is a net profit rate which has to be adopted in such cases. In N.K. Industries Ltd. v. Dy. CIT (Guj), Tax Appeal Nos. 240 to 242, 260 & 261 of 2003, the Gujarat High Court has held that the addition should be made of income component…

DCIT, C-15(3)(1), Mumbai vs. Sanjivani Parenteral Ltd., Mumbai

In the result, all the three appeals of the learned assessing officer are partly allowed

ITA 4152/MUM/2019[2010-11]Status: DisposedITAT Mumbai27 Jul 2022AY 2010-11

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri Hemant Kumar Chimanlal
Section 143(3)Section 147Section 69C

…ing only purchases disregarding corresponding structured sales to deduce correct income is not acceptable. In CIT v. Balchand Ajit Kumar 263 ITR 610 (MP) has held that the total sales cannot be regarded as the profit of the assessee. In Manmohan Sadani v. CIT 304 ITR 52 (MP) the Hon'ble High Court held that total sales cannot be regarded as profit of the assessee, on the contrary it is a net profit rate which has to be adopted in such cases. In N.K. Industries Ltd. v. Dy. CIT (Guj), Tax Appeal Nos. 240 to 242, 260 & 261 of 2003, the Gujarat High Court has held that the addition should be made of income component…

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

…pellate authority. On appeal, it is held that the total sale could not be regarded as the profit of the assessee. The net profit rate had to be adopted and once it was adopted it could not be said that there was perversity of approach. Mohan Sadhani Vs. CIT 304 ITR 52 (MP) (HC) Held that entire sale proceeds cannot be added to income, only NP rate to be adopted. CIT Vs. President Industries 258 ITR 654 (Guj.) (HC) The amount of sales could not represent the income of the assessee who had not disclosed the sales. The sales only represented the price received by the seller of the goods; only the realization of th…

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

…pellate authority. On appeal, it is held that the total sale could not be regarded as the profit of the assessee. The net profit rate had to be adopted and once it was adopted it could not be said that there was perversity of approach. Mohan Sadhani Vs. CIT 304 ITR 52 (MP) (HC) Held that entire sale proceeds cannot be added to income, only NP rate to be adopted. CIT Vs. President Industries 258 ITR 654 (Guj.) (HC) The amount of sales could not represent the income of the assessee who had not disclosed the sales. The sales only represented the price received by the seller of the goods; only the realization of th…

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

…pellate authority. On appeal, it is held that the total sale could not be regarded as the profit of the assessee. The net profit rate had to be adopted and once it was adopted it could not be said that there was perversity of approach. Mohan Sadhani Vs. CIT 304 ITR 52 (MP) (HC) Held that entire sale proceeds cannot be added to income, only NP rate to be adopted. CIT Vs. President Industries 258 ITR 654 (Guj.) (HC) The amount of sales could not represent the income of the assessee who had not disclosed the sales. The sales only represented the price received by the seller of the goods; only the realization of th…

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

…pellate authority. On appeal, it is held that the total sale could not be regarded as the profit of the assessee. The net profit rate had to be adopted and once it was adopted it could not be said that there was perversity of approach. Mohan Sadhani Vs. CIT 304 ITR 52 (MP) (HC) Held that entire sale proceeds cannot be added to income, only NP rate to be adopted. CIT Vs. President Industries 258 ITR 654 (Guj.) (HC) The amount of sales could not represent the income of the assessee who had not disclosed the sales. The sales only represented the price received by the seller of the goods; only the realization of th…

ACIT(Central)-1, Indore vs. M/S Goyal Road Lines, Indore

In the result, appeal of the Revenue in ITANo

ITA 42/IND/2021[2012-13]Status: DisposedITAT Indore08 Mar 2022AY 2012-13

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2012-13 Acit Central-2, Goyal Road Lines Indore Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aaefg2687F Revenue By Shri Amit Soni, Sr. Dr Assessee By Shri Ajay Tulsiyan & Miss Shalini Mehta, Ars Date Of Hearing: 03.01.2022 Date Of Pronouncement: 08.03.2022 आदेश / O R D E R

Section 132Section 139(1)Section 143(2)Section 143(3)Section 153C

…taxmann.com 494 holding that only profit margin embedded in such purchases could be subject to tax and not the entire purchases and also of the Hon'ble jurisdictional Madhya Pradesh High Court in the case of Man Mohan Sadani vs. Commissioner of Income Tax in 304 ITR 52 holding that it is the net profit rate which has to be adopted in such cases. Therefore, in view of the above discussion addition made on account of entire unaccounted purchases is held to be not in order and does not survive. 3.6. In the present case the appellant has offered profit on the trading transaction, which profits stands accepted and h…

DCIT, Central Circle-8(2), Mumbai vs. Associate Lumbers Private Limited, Mumbai

Accordingly, appeal filed by the assessee is allowed and appeal filed by the revenue is dismissed

ITA 81/MUM/2018[2013-14]Status: DisposedITAT Mumbai23 Feb 2022AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Neha ParanjpeFor Respondent: S.N. Kabra
Section 132Section 153A

…ore the Hon’ble Bombay High Court (Income Tax Appeal No. 313 of 2013). (ii). CIT v. President Industries before the Hon’ble Gujarat High Court [2002] 124 TAXMAN 654 (GUJ.). (iii). Man Mohan Sadani v. CIT before the Hon’ble High Court of Madhya Pradesh {[2008] 304 ITR 52 (Madhya Pradesh)} (iv). CIT v. Balchand Ajit Kumar before the Hon’ble High Court of Madhya Pradesh {[2004] 135 Taxman 180 (Madhya Pradesh)} M/s. Associate Lumbers Pvt. Ltd., 10. On the other hand, Ld. DR submitted that various loose documents were found during search and several employees of the company are covered in the search and their statemen…

Associate Lumbers Private Limited, Mumbai vs. ACIT, Central Circle-8(2), Mumbai

Accordingly, appeal filed by the assessee is allowed and appeal filed by the revenue is dismissed

ITA 74/MUM/2018[2013-14]Status: DisposedITAT Mumbai23 Feb 2022AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Neha ParanjpeFor Respondent: S.N. Kabra
Section 132Section 153A

…ore the Hon’ble Bombay High Court (Income Tax Appeal No. 313 of 2013). (ii). CIT v. President Industries before the Hon’ble Gujarat High Court [2002] 124 TAXMAN 654 (GUJ.). (iii). Man Mohan Sadani v. CIT before the Hon’ble High Court of Madhya Pradesh {[2008] 304 ITR 52 (Madhya Pradesh)} (iv). CIT v. Balchand Ajit Kumar before the Hon’ble High Court of Madhya Pradesh {[2004] 135 Taxman 180 (Madhya Pradesh)} M/s. Associate Lumbers Pvt. Ltd., 10. On the other hand, Ld. DR submitted that various loose documents were found during search and several employees of the company are covered in the search and their statemen…

Associate Lumbers Private Limited, Mumbai vs. ACIT, Central Circle-8(2), Mumbai

Accordingly, appeal filed by the assessee is allowed and appeal filed by the revenue is dismissed

ITA 73/MUM/2018[2012-13]Status: DisposedITAT Mumbai23 Feb 2022AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Neha ParanjpeFor Respondent: S.N. Kabra
Section 132Section 153A

…ore the Hon’ble Bombay High Court (Income Tax Appeal No. 313 of 2013). (ii). CIT v. President Industries before the Hon’ble Gujarat High Court [2002] 124 TAXMAN 654 (GUJ.). (iii). Man Mohan Sadani v. CIT before the Hon’ble High Court of Madhya Pradesh {[2008] 304 ITR 52 (Madhya Pradesh)} (iv). CIT v. Balchand Ajit Kumar before the Hon’ble High Court of Madhya Pradesh {[2004] 135 Taxman 180 (Madhya Pradesh)} M/s. Associate Lumbers Pvt. Ltd., 10. On the other hand, Ld. DR submitted that various loose documents were found during search and several employees of the company are covered in the search and their statemen…

DCIT, Central -2, Indore vs. M/S Great Galleon Ventures Ltd, Indore

In the result, the appeals of the Revenue bearing ITANo

ITA 68/IND/2021[2016-17]Status: DisposedITAT Indore23 Dec 2021AY 2016-17

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

Section 145(3)Section 153ASection 68Section 69ASection 69C

…अपील"य अ"धकरण, इ"दौर "यायपीठ, इ"दौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI RAJPAL YADAV HON'BLE VICE PRESIDENT AND SHRI MANISH BORAD, ACCOUNTANT MEMBER IT(SS)A Nos. 114 to 116/Ind/2020 Assessment Years:2016-17 to 2018-19 M/s. Great Galleon Ventures ltd. DCIT, Central-2, Indore Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.AABCK1743N ITA No.67 to 70/Ind/2021 Assessment Year:2015-16 to 2018-19 ACIT, Central-2, M/s. Great Galleon Ventures ltd. Indore Indore बनाम/ Vs. (Appellant) (Respondent ) P.A. No. AABCK1743N Revenue by Shri Rajeeb, Jain CIT-DR Respondent by S/ Shri A…

DCIT, Central -2, Indore vs. M/S Great Galleon Ventures Ltd, Indore

In the result, the appeals of the Revenue bearing ITANo

ITA 67/IND/2021[2015-16]Status: DisposedITAT Indore23 Dec 2021AY 2015-16

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

Section 145(3)Section 153ASection 68Section 69ASection 69C

…अपील"य अ"धकरण, इ"दौर "यायपीठ, इ"दौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI RAJPAL YADAV HON'BLE VICE PRESIDENT AND SHRI MANISH BORAD, ACCOUNTANT MEMBER IT(SS)A Nos. 114 to 116/Ind/2020 Assessment Years:2016-17 to 2018-19 M/s. Great Galleon Ventures ltd. DCIT, Central-2, Indore Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.AABCK1743N ITA No.67 to 70/Ind/2021 Assessment Year:2015-16 to 2018-19 ACIT, Central-2, M/s. Great Galleon Ventures ltd. Indore Indore बनाम/ Vs. (Appellant) (Respondent ) P.A. No. AABCK1743N Revenue by Shri Rajeeb, Jain CIT-DR Respondent by S/ Shri A…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

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

ITA 99/RPR/2019[2017-18]Status: DisposedITAT Raipur26 Oct 2021AY 2017-18

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…08) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that only profit can be taxed and not the entire receipts. 6.3 Having considered the facts of the case and the consistent position of law echoed by the Hon’ble High Courts and Co-ordinate Benches, we find merit in the plea of the assessee that the Assessing Officer was not justified in bringing to tax th…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

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

ITA 98/RPR/2019[2016-17]Status: DisposedITAT Raipur26 Oct 2021AY 2016-17

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…08) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that only profit can be taxed and not the entire receipts. 6.3 Having considered the facts of the case and the consistent position of law echoed by the Hon’ble High Courts and Co-ordinate Benches, we find merit in the plea of the assessee that the Assessing Officer was not justified in bringing to tax th…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

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

ITA 97/RPR/2019[2015-16]Status: DisposedITAT Raipur26 Oct 2021AY 2015-16

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…08) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that only profit can be taxed and not the entire receipts. 6.3 Having considered the facts of the case and the consistent position of law echoed by the Hon’ble High Courts and Co-ordinate Benches, we find merit in the plea of the assessee that the Assessing Officer was not justified in bringing to tax th…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

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

ITA 96/RPR/2019[2014-15]Status: DisposedITAT Raipur26 Oct 2021AY 2014-15

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…08) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that only profit can be taxed and not the entire receipts. 6.3 Having considered the facts of the case and the consistent position of law echoed by the Hon’ble High Courts and Co-ordinate Benches, we find merit in the plea of the assessee that the Assessing Officer was not justified in bringing to tax th…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

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

ITA 95/RPR/2019[2013-14]Status: DisposedITAT Raipur26 Oct 2021AY 2013-14

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…08) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that only profit can be taxed and not the entire receipts. 6.3 Having considered the facts of the case and the consistent position of law echoed by the Hon’ble High Courts and Co-ordinate Benches, we find merit in the plea of the assessee that the Assessing Officer was not justified in bringing to tax th…

Parthavi Construction Private Limited, Raipur vs. Assistat Commissioner of Incometax, Central Circle-1, Raipur

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

ITA 94/RPR/2019[2012-13]Status: DisposedITAT Raipur26 Oct 2021AY 2012-13

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 93 To 99/Rpr/2019 ("नधा"रण वष" / Assessment Years : 2011-12 To 2017-18) M/S. Parthivi Constructions Asst. Commissioner Of बनाम/ Pvt. Ltd. Income Tax Vs. Parthivi Pacific, 3Rd Floor, Central Circle-1, Raipur Commercial Complex, Near (C.G.) Axis Bank, G.E. Road, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccp4406G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. B. Doshi, C.A. अपीलाथ" ओर से /Appellant By : Shri R. K. Singh, Cit.Dr ""यथ" क" ओर से/Respondent By : 09/08/2021 सुनवाई क" तार"ख / Date Of Hearing 26/10/2021 घोषणा क" तार"ख /Date Of Pronouncement

For Appellant: Shri R. K. Singh, CIT.DRFor Respondent: 09/08/2021
Section 132Section 143(3)Section 153A

…08) 302 ITR 63 (Guj); CIT vs. Babulal K. Daga (2016) 387 ITR 114 (Guj); CIT vs. Balchand Ajit Kumar (2003) 263 ITR 610 (MP); Anil Kumar Bajaj vs. DCIT in ITA No.4392/Del/2014; Hariram Brambhani Vs. ACIT in ITA No.5067/Mum/2010; Man Mohan Sadani Vs. CIT (2008) 304 ITR 52 etc…. In these decisions, it has been held that only profit can be taxed and not the entire receipts. 6.3 Having considered the facts of the case and the consistent position of law echoed by the Hon’ble High Courts and Co-ordinate Benches, we find merit in the plea of the assessee that the Assessing Officer was not justified in bringing to tax th…