Mumbai), DCIT v. Vipin Aggarwal

Panna Lal Kumawat, Jaipur vs. ACIT, Central Circle-3, Jaipur

In the result, the appeal of the assessee is partly allowed in ITA

…tatements for the relevant years Any other documents, including, loose sheets, dairy, note book and other unconnected documents cannot be considered as books, unless the same is part of books of accounts maintained by the assessee. S.P. Goyal Vs. DCIT (2002) 82 ITD 85 (Mum.) (Trib.) In this case the Hon'ble Tribunal held that loose sheet of paper torn out of a diary could not be construed as books for the purpose of section 68 and further held that addition could not be made simply on the basis of certain notings on loose sheets of a diary without any corroborative evidence in the form of extra cash, jewellery o…

DCIT, CC-3, Jaipur vs. Shri Panna Lal Kumawat, Jaipur

In the result, the appeal of the assessee is partly allowed in ITA

…tatements for the relevant years Any other documents, including, loose sheets, dairy, note book and other unconnected documents cannot be considered as books, unless the same is part of books of accounts maintained by the assessee. S.P. Goyal Vs. DCIT (2002) 82 ITD 85 (Mum.) (Trib.) In this case the Hon'ble Tribunal held that loose sheet of paper torn out of a diary could not be construed as books for the purpose of section 68 and further held that addition could not be made simply on the basis of certain notings on loose sheets of a diary without any corroborative evidence in the form of extra cash, jewellery o…

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

In the result, appeal of the revenue is dismissed

…orn out of diary and contain no closing balances nor opening balances and is no reconciliation of these entries, such loose sheets cannot be termed as books maintained by the assessee during the previous year as these loose sheets S.P. Goyal v. Dy. CIT [2002] 82 ITD 85 (Mum.)(TM). The two words 'books of account' and 'documents' do not carry the same meaning. A document may necessarily be not a books of account. Section 68 is applicable to any entry credited in the books of account. Section 68 is a deeming provision and it is to be strictly interpreted. Applicability of section 68 cannot be enlarged. Hence, secti…

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

In the result, appeal of the revenue is dismissed

…orn out of diary and contain no closing balances nor opening balances and is no reconciliation of these entries, such loose sheets cannot be termed as books maintained by the assessee during the previous year as these loose sheets S.P. Goyal v. Dy. CIT [2002] 82 ITD 85 (Mum.)(TM). The two words 'books of account' and 'documents' do not carry the same meaning. A document may necessarily be not a books of account. Section 68 is applicable to any entry credited in the books of account. Section 68 is a deeming provision and it is to be strictly interpreted. Applicability of section 68 cannot be enlarged. Hence, secti…

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

In the result, appeal of the revenue is dismissed

…orn out of diary and contain no closing balances nor opening balances and is no reconciliation of these entries, such loose sheets cannot be termed as books maintained by the assessee during the previous year as these loose sheets S.P. Goyal v. Dy. CIT [2002] 82 ITD 85 (Mum.)(TM). The two words 'books of account' and 'documents' do not carry the same meaning. A document may necessarily be not a books of account. Section 68 is applicable to any entry credited in the books of account. Section 68 is a deeming provision and it is to be strictly interpreted. Applicability of section 68 cannot be enlarged. Hence, secti…

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

In the result, appeal of the revenue is dismissed

…orn out of diary and contain no closing balances nor opening balances and is no reconciliation of these entries, such loose sheets cannot be termed as books maintained by the assessee during the previous year as these loose sheets S.P. Goyal v. Dy. CIT [2002] 82 ITD 85 (Mum.)(TM). The two words 'books of account' and 'documents' do not carry the same meaning. A document may necessarily be not a books of account. Section 68 is applicable to any entry credited in the books of account. Section 68 is a deeming provision and it is to be strictly interpreted. Applicability of section 68 cannot be enlarged. Hence, secti…

ACIT, CC-1, Jaipur vs. Dr. Shiv Gautam, Jaipur

In the result, appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Rathod Kamlesh Jayantbhai, Am Vk;Dj Vihy La-@Ita No. 85/Jp/2021 Fu/Kzkj.K O"Kz@Assessment Year :2017-18 A.C.I.T., Cuke Dr. Shiv Gautam, Central Circle-1, Vs. 1, Gokul, Jacob Road, Civil Lines, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Abopg 4893 N Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Shri Sanjay Dhariwal (Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri P.C. Parwal (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 16/02/2022 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 31/03/2022 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Revenue Against The Order Of Ld. Cit(A)- 4, Jaipur Dated 28/05/2021 For The A.Y. 2017-18 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. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs.17.30 Lakhs Inspite Of The Fact That The Assessee Has Made Surrender Of This Amount In His Statement Recorded As Per Law & Had Attributed It To Hitherto Undisclosed Receipts. 2. Whether On The Facts & In Circumstances Of The Case & In Law The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs. 1,77,34,000/-

…CIT ITA No.484/JP/2016 dt.01.12.2017 (Jaipur) (Trib.) (ii) DCIT Vs. Smt. Manishaben N. Mashru ITA No.958/RJT/2010 dt.04.01.2018 (Rajkot) (Trib.) (iii) DCIT Vs GSNR Rice Industries Pvt Limited (2021) 90 ITR (Trib.) 114 (Chennai) (iv) S.P. Goyal Vs. DCIT (2002) 82 ITD 85 (Mum.)(Trib.) 20. We have considered the rival contentions and carefully perused the material placed on record. From perusal of the record, we found that the ld. CIT(A) has dealt with the issue in para 6.3 of her order and the same is as under: “6.3 I have considered the facts of the case and written submissions of the appellant as against the obse…

M/S Bhivaram Pannalal Kumawat, Jaipur vs. ACIT, Central Circle-3, Jaipur

Appeal are disposed off and all the appeals of the

Bench: Us By The Department. The Facts As Well As Issues, Are More Or Less Involving The Disallowance Of Labour Expenses & Therefore, These Twelve Appeals Were Head

…1 M/s. Bhivaram PannalalKumawat vs ACIT , Central Circle-3, Jaipur आयकरअपीलीय अधिकरण] जयपुरन्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR JhlanhixkslkbZ]U;kf;dlnL; ,oaJhjkBksMdeys'kt;UrHkkbZ t;UrHkkbZ] ys[kk lnL; ds le{k t;UrHkkbZ t;UrHkkbZ BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 69 TO 75/JP/2021 fu/kZkj.ko"kZ@AssessmentYears : 2012-13 to 2018-19 cuke M/s. Bhivaram Pannalal Kumawat The ACIT Vs. 602, Elements Mall Central Circle-3 DCM Ajmer Road, Jaipur Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AABFB3002C vihykFkhZ@Appell…

DCIT, CC-3, Jaipur vs. M/S Bhivaram Pannalal Kumawat, Jaipur

Appeal are disposed off and all the appeals of the

Bench: Us By The Department. The Facts As Well As Issues, Are More Or Less Involving The Disallowance Of Labour Expenses & Therefore, These Twelve Appeals Were Head

…1 M/s. Bhivaram PannalalKumawat vs ACIT , Central Circle-3, Jaipur आयकरअपीलीय अधिकरण] जयपुरन्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR JhlanhixkslkbZ]U;kf;dlnL; ,oaJhjkBksMdeys'kt;UrHkkbZ t;UrHkkbZ] ys[kk lnL; ds le{k t;UrHkkbZ t;UrHkkbZ BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 69 TO 75/JP/2021 fu/kZkj.ko"kZ@AssessmentYears : 2012-13 to 2018-19 cuke M/s. Bhivaram Pannalal Kumawat The ACIT Vs. 602, Elements Mall Central Circle-3 DCM Ajmer Road, Jaipur Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AABFB3002C vihykFkhZ@Appell…