Nalinikant Ambalal Mody v. S.A.L. Narayan Row,CIT

61 ITR 428Supreme Court of India1966#1302 most cited

What is Nalinikant Ambalal Mody v. S.A.L. Narayan Row,CIT authority for?

Whether an income falls under one head of income or another is to be decided according to the common notions of a practical man, as the Income-tax Act provides no specific guidance. The Income-tax Act provides no specific guidance for determining the appropriate head of income.

87

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 1993 to 2026.

Also referred to as

Nalinikant Ambalal Mody v. S.A.L. Narayan Row · CIT · 61 ITR 428 · SC · head of income · charging section · common notions of practical man · determination of income · section 145 · judicial precedents

Sections most often in play

Section 143(3)Section 115BBESection 14Section 56Section 132Section 153ASection 234CSection 69

Issues it is cited on

section 145(1)section 69dsection 23aretention moneysection 55(2)section 46section 49section 211section 115baaminimum alternate taxsection 28(iv)prejudicial to interest of revenue

Judgments citing Nalinikant Ambalal Mody v. S.A.L. Narayan Row,CIT

Jag Mohan, Delhi vs. DCIT, Central Circle- 18, New Delhi

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 7055/DEL/2017[2014-15]Status: DisposedITAT Delhi07 Jan 2026AY 2014-15

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं.7055/धिल्ली/2017(नि.व. 2014-15) Jag Mohan, 354, Tarun Enclave, Pitampura, ...... अपीलार्थी/Appellant Delhi 110034 Pan Ahdpm-3671-M बिाम Vs. Deputy Commissioner Of Income Tax, ..... प्रनिवादी/Respondent Circle-18, New Delhi अपीलार्थी द्वारा/ Appellant By : S/Shri Raghav Sharma, Mohit Gupta, Chartered Accountants & Ms. Chandrima Choudhary, Advocate प्रधिवािीद्वारा/Respondent By : Ms. Namita Khurana Cit-Dr & Shri Om Prakash, Sr.Dr सुिवाई की निथर्थ/ Date Of Hearing : 10/10/2025 घोषणा की निथर्थ/ Date Of Pronouncement: 07/01/2026 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-28, New Delhi [In Short ‘The Cit(A)’] Dated 18/09/2017, For Assessment Year 2014-15. 2. A Search & Seizure Operation U/S.132 Of The Income Was Conducted On 26.08.2013 In The Case Of Mohan India Group. The Assessee Is One Of The Directors Of Mohan India Group & The Assessee Was Also Covered Under Said Search. During

For Appellant: S/Shri Raghav Sharma, Mohit Gupta, CharteredFor Respondent: Ms. Namita Khurana CIT-DR &
Section 132Section 143(3)Section 153A

…ust not only fall within the definition of income, must also be chargeable to tax under the charging provision. To support his argument he placed reliance of the following decisions: - CIT vs. Rajan Nanda 349 ITR 8 (Delhi); and - Nanikant Ambalal Mody vs CIT 61 ITR 428 (SC). 3.4 Next ld. AR of the assessee contended that the assessment order in the case of the assessee is verbatim to the assessment order dated 31.03.2016 passed in the case of Mohan India P. Ltd. for AY 2013-14. He submitted that a perusal of the assessment order in the case of Mohan India P. Ltd. would show that the AO has recorded a fact that…

DCIT, Circle-7(1), Delhi vs. Dlf Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 715/DEL/2024[2021-22]Status: DisposedITAT Delhi30 Oct 2025AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…counting followed by it ITA No.713/Del/2024 & Others does not reflect the true income. In this regard, reliance may be placed on the decision of the Supreme Court in the case of Nalinikant Ambalal Mody v. S.A.L. Narayan Row, Commissioner of Income-tax [1966] 61 ITR 428 (SC), (refer Page 263-276 of Paper Book Vol-2) the Hon’ble Supreme Court observed that that section 13 of the Income tax Act, 1922 (corresponding to section 145 of the Income-tax Act, 1961) which provides that income for the purpose of section 10 must be computed in accordance with the method of accounting regularly employed by the assessee, is a…

DCIT, Circle-7(1), Delhi vs. Dlf Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 714/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Oct 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…counting followed by it ITA No.713/Del/2024 & Others does not reflect the true income. In this regard, reliance may be placed on the decision of the Supreme Court in the case of Nalinikant Ambalal Mody v. S.A.L. Narayan Row, Commissioner of Income-tax [1966] 61 ITR 428 (SC), (refer Page 263-276 of Paper Book Vol-2) the Hon’ble Supreme Court observed that that section 13 of the Income tax Act, 1922 (corresponding to section 145 of the Income-tax Act, 1961) which provides that income for the purpose of section 10 must be computed in accordance with the method of accounting regularly employed by the assessee, is a…

DCIT, Circle-7(1), Delhi vs. Dlf Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 713/DEL/2024[2019-20]Status: DisposedITAT Delhi30 Oct 2025AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…counting followed by it ITA No.713/Del/2024 & Others does not reflect the true income. In this regard, reliance may be placed on the decision of the Supreme Court in the case of Nalinikant Ambalal Mody v. S.A.L. Narayan Row, Commissioner of Income-tax [1966] 61 ITR 428 (SC), (refer Page 263-276 of Paper Book Vol-2) the Hon’ble Supreme Court observed that that section 13 of the Income tax Act, 1922 (corresponding to section 145 of the Income-tax Act, 1961) which provides that income for the purpose of section 10 must be computed in accordance with the method of accounting regularly employed by the assessee, is a…

Dlf Limited, Delhi vs. National Faceless Assessment Centre, Delhi

In the result, appeal of the Revenue is dismissed

ITA 677/DEL/2024[2021-22]Status: DisposedITAT Delhi30 Oct 2025AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…counting followed by it ITA No.713/Del/2024 & Others does not reflect the true income. In this regard, reliance may be placed on the decision of the Supreme Court in the case of Nalinikant Ambalal Mody v. S.A.L. Narayan Row, Commissioner of Income-tax [1966] 61 ITR 428 (SC), (refer Page 263-276 of Paper Book Vol-2) the Hon’ble Supreme Court observed that that section 13 of the Income tax Act, 1922 (corresponding to section 145 of the Income-tax Act, 1961) which provides that income for the purpose of section 10 must be computed in accordance with the method of accounting regularly employed by the assessee, is a…

Dlf Limited, Delhi vs. National Faceless Assessment Centre, Delhi

In the result, appeal of the Revenue is dismissed

ITA 676/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Oct 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…counting followed by it ITA No.713/Del/2024 & Others does not reflect the true income. In this regard, reliance may be placed on the decision of the Supreme Court in the case of Nalinikant Ambalal Mody v. S.A.L. Narayan Row, Commissioner of Income-tax [1966] 61 ITR 428 (SC), (refer Page 263-276 of Paper Book Vol-2) the Hon’ble Supreme Court observed that that section 13 of the Income tax Act, 1922 (corresponding to section 145 of the Income-tax Act, 1961) which provides that income for the purpose of section 10 must be computed in accordance with the method of accounting regularly employed by the assessee, is a…

Pranati Buildcon, Kota vs. ACIT/DCIT Cen Cir, Kota

In the result, the appeal of the assessee is allowed

ITA 95/JPR/2025[2018-19]Status: DisposedITAT Jaipur23 Sept 2025AY 2018-19

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

For Appellant: Shri Hanedra Gargieya, Adv. (V.C.)For Respondent: Mrs. Anita Rinesh, JCIT, Sr.-DR a
Section 115BSection 133ASection 143(3)Section 234ASection 244ASection 69C

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBkSM+ deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 95/JPR/2025 fu/kZkj.k o"kZ@Assessment Years : 2018-19 Pranati Buildcon cuke The ACIT/DCIT, Vs. Parshavnath Complex, Parshvnath Central Circle, Enclave Extn. Kunhadi, Kota. Kota. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AALFP0844Q vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Hanedra Gargieya, Adv.…

Jayvadan Rughnathwala, Surat vs. ITO, Ward-1(2)(1), Surat

ITA 923/SRT/2024[2018-19]Status: DisposedITAT Surat29 Aug 2025AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Bijayananda Pruseth Assessment Year 2018-19

For Appellant: Shri Rasesh Shah, A.RFor Respondent: Shri Ajay Uke, Sr.D.R
Section 115BSection 147Section 148Section 148ASection 69C

…voked section 115BBE in the assessment order. 20 In support of the above the reliance is placed on the under mentioned decisions of courts: I Dr.TA Qureshi vs CIT-287 ITR 0547 (SC) ii. Lakhmichand Baijnath v CIT 35 ITR 416 (SC) Nalinikant Ambalal Mody v/s CIT 61 ITR 428 (SC) iv CIT v/s D P Sandu Bros Chembur (P) Ltd 273 ITR 1 (SC) v CIT v Shilpa Dyeing & Printing Mills (P) Ltd 39 taxmann.com 3 (Gu)) vi JK Chokshi vs ACIT - Tax Appeal 149 of 2003 (Guj.) vii Green Associates vs PCIT-Tax Appeal No 1199 of 2018 (Gu)) viii DCIT v/s Radhe Developers India Ltd329 ITR 1 (Guj.) ix CIT vs Mhaskar General Hospital in Tax Ap…

Hiralal Vijawat, Bhawanimandi vs. ACIT / DCIT Central Circle Kota, Kota

ITA 614/JPR/2025[2019-20]Status: DisposedITAT Jaipur21 Aug 2025AY 2019-20
For Appellant: Sh. Mahendra Gargieya, Adv. (VC)For Respondent: Sh. Gaurav Awasthi, JCIT, SR. DR
Section 133ASection 139Section 143(2)Section 143(3)Section 234BSection 69C

…CIT [1962] 44 ITR 362 (SC) held that these heads are in a sense exclusive to one another and income which falls within one head cannot be brought to tax under another head. Further, the Hon'ble Supreme Court in case of Nalinikant Ambalal Mody v CIT [1966] 61 ITR 428, has held that whether an income falls under one head or another is to be decided according to the common notions of practical man because the Act does not provide any guidance in the matter. Of course, lot of judicial precedents are available to a taxpayer to arrive at a conclusion about determination of appropriate head of income. 1.4 The s…

Avinash S Sadamate ACIT Circle 3 3 1, Mumbai vs. Ruchi Renewable Energy Pvt Ltd, Mumbai

In the result, the appeal of revenue is dismissed

ITA 620/MUM/2025[2016-17]Status: DisposedITAT Mumbai18 Aug 2025AY 2016-17

Bench: Shri Pawan Singh& Ms. Padmavathy S.(Physical Hearing) Acit Circle – 3(3)(1), Mumbai Ruchi Renewable Energy Pvt. Ltd.706, Room No. 522, Aayakarbhavan, Vs Tulsiani Chambers, Free Press Journal M K Road, Churchgate, Road, Nariman Point, Mumbai-400020. Mumbai – 400021. [Pan: Aaecr1591A] Appellant / Revenue Respondent / Assessee

Section 2Section 2(18)(b)Section 254(1)Section 56(2)(viib)

…2015] 228 Taxman 25/[2014] 50 taxmann.com 300/368 ITR 1 (Bombay) 2. CIT v. D.P. Sandu Bros. Chembur (P) Ltd. [2005] 142 Taxman 713/273 ITR 1 (SC) 3. CIT v. Allahabad Bank Ltd. [1969] 73 ITR 745 (SC) 4. Nalinikant Ambalal Mody v. S.A.L. Narayan Row CIT, [1966] 61 ITR 428 (SC). 5 Ruchi Renewable Energy Pvt. Ltd. 9.1 With regard to Section 14A disallowance, he submitted that assessee has not claimed any exempt income. Therefore, the provisions of Section 14A will not apply. 10. Ld. DR relied on the orders of Revenue authorities. 11. Considered the rival submissions and material on record. We noticed that assessee-…

Shree Cement Limited, Bangur Nagar vs. ACIT, Central Circle, Ajmer

In the result, the appeal of the assessee - appellant in ITA No

ITA 1517/JPR/2024[2019-2020]Status: DisposedITAT Jaipur24 Jun 2025AY 2019-2020

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Dilip B. Desai, FCAFor Respondent: Shri Arvind Kumar, CIT-DR
Section 115JSection 143(1)Section 254Section 36(1)(va)Section 80Section 801A

…twhile proposed Direct Tax Code, where it was proposed to be added also in the charging section 33 [PB Pg No. 497-500]. Hence, such income cannot be brought to tax. Reliance is placed on the decisions of Hon’ble SC in Nalinikant Ambalal Mody - vs.- CIT [1966] 61 ITR 428 (SC) and Hon’ble Calcutta High Court in CIT –vs.- Justice R . M. Dutta (1989) 180 ITR 86 (Cal) E. Decision of Hon’ble Jaipur Tribunal in assessee’s own case for AY 2016- 17 to AY 2018-19 vide order dated 21-02-2024 a. Vide para 130 of the said order, this Hon’ble Bench has interpreted the meaning of the term ‘Reward’ & ‘Assistance’. The appellan…

Sri.Jose Thomas, Adoor P.O., Pathanamthitta vs. The ACIT, Cen-Circle, Kottayam

In the result, all the appeals filed by the assessee are dismissed

ITA 212/COCH/2019[2010-11]Status: DisposedITAT Cochin22 May 2025AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

…mpted from capital gains by the statute could be taxed as a casual or non-recurring receipt under section 10(3) read with section 56. We are fortified in our view by a similar argument being rejected in Naliníkant Ambalal Mody v. S.A.L. Narayan Row,CIT (1966) 61 ITR 428 (SC)". 11.8 Thus, the conclusion of the Supreme Court is that an asset which is capable of acquisition at a cost would be included within the provisions pertaining to the head "Capital gains" as opposed to assets in the acquisition of which no cost at all can be conceived. There was no cost of acquisition, which was determined and on the basis of…

Sri.Jose Thomas, Adoor P.O., Pathanamthitta vs. The ACIT, Cen-Circle, Kottayam

In the result, all the appeals filed by the assessee are dismissed

ITA 211/COCH/2019[2009-10]Status: DisposedITAT Cochin22 May 2025AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

…mpted from capital gains by the statute could be taxed as a casual or non-recurring receipt under section 10(3) read with section 56. We are fortified in our view by a similar argument being rejected in Naliníkant Ambalal Mody v. S.A.L. Narayan Row,CIT (1966) 61 ITR 428 (SC)". 11.8 Thus, the conclusion of the Supreme Court is that an asset which is capable of acquisition at a cost would be included within the provisions pertaining to the head "Capital gains" as opposed to assets in the acquisition of which no cost at all can be conceived. There was no cost of acquisition, which was determined and on the basis of…

Mrs.Gracy Babu, Adoor P.O., Pathanamthitta vs. The DCIT, Cen-Circle, Kottayam

In the result, all the appeals filed by the assessee are dismissed

ITA 209/COCH/2019[2010-11]Status: DisposedITAT Cochin22 May 2025AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

…mpted from capital gains by the statute could be taxed as a casual or non-recurring receipt under section 10(3) read with section 56. We are fortified in our view by a similar argument being rejected in Naliníkant Ambalal Mody v. S.A.L. Narayan Row,CIT (1966) 61 ITR 428 (SC)". 11.8 Thus, the conclusion of the Supreme Court is that an asset which is capable of acquisition at a cost would be included within the provisions pertaining to the head "Capital gains" as opposed to assets in the acquisition of which no cost at all can be conceived. There was no cost of acquisition, which was determined and on the basis of…

Mrs.Gracy Babu, Adoor P.O., Pathanamthitta vs. The DCIT, Cen-Circle, Kottayam

In the result, all the appeals filed by the assessee are dismissed

ITA 208/COCH/2019[2009-10]Status: DisposedITAT Cochin22 May 2025AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

…mpted from capital gains by the statute could be taxed as a casual or non-recurring receipt under section 10(3) read with section 56. We are fortified in our view by a similar argument being rejected in Naliníkant Ambalal Mody v. S.A.L. Narayan Row,CIT (1966) 61 ITR 428 (SC)". 11.8 Thus, the conclusion of the Supreme Court is that an asset which is capable of acquisition at a cost would be included within the provisions pertaining to the head "Capital gains" as opposed to assets in the acquisition of which no cost at all can be conceived. There was no cost of acquisition, which was determined and on the basis of…

Mrs.Reena Jose, Pathanamthitta vs. The DCIT, Cen-Circle, Kottayam

In the result, all the appeals filed by the assessee are dismissed

ITA 207/COCH/2019[2009-10]Status: DisposedITAT Cochin22 May 2025AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

…mpted from capital gains by the statute could be taxed as a casual or non-recurring receipt under section 10(3) read with section 56. We are fortified in our view by a similar argument being rejected in Naliníkant Ambalal Mody v. S.A.L. Narayan Row,CIT (1966) 61 ITR 428 (SC)". 11.8 Thus, the conclusion of the Supreme Court is that an asset which is capable of acquisition at a cost would be included within the provisions pertaining to the head "Capital gains" as opposed to assets in the acquisition of which no cost at all can be conceived. There was no cost of acquisition, which was determined and on the basis of…

Kath Brothers, Jaipur vs. ACIT, Central Circle-3, Jaipur

In the result, the appeal of the assessee is allowed

ITA 77/JPR/2025[2019-20]Status: DisposedITAT Jaipur28 Apr 2025AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Sh. Anoop Singh, Addl. CIT
Section 115BSection 133ASection 143(2)Section 143(3)Section 145(3)Section 234ASection 69

…vs. CIT [1962] 44 ITR 362 (SC) held that these heads are in a sense exclusive to one another and income which falls within one head cannot be brought to tax under another head. Further, the Hon’ble Supreme Court in case of Nalinikant Ambalal Mody v CIT [1966] 61 ITR 428, has held that whether an income falls under one head or another is to be decided according to the common notions of practical man because the Act does not provide any guidance in the matter. Of course, lot 45 Kath Brothers vs. ACIT of judicial precedents are available to a taxpayer to arrive at a conclusion about determination of appropriate he…

Parshavnath Associates, Kota vs. ACIT/DCIT, Central Circle, Kota

In the result, both the appeal filed by separate assessee are allowed in terms of the above observations

ITA 1358/JPR/2024[2018-19]Status: DisposedITAT Jaipur19 Mar 2025AY 2018-19

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

For Appellant: Shri Mahendra Gargieya, Adv.&For Respondent: Smt. Runi Pal, CIT a
Section 133ASection 139Section 143(3)Section 234ASection 244ASection 69C

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBkSM+ deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 1357 /JPR/2024 fu/kZkj.k o"kZ@Assessment Years : 2018-19 Parshavnath Buildestate Private cuke The ACIT/DCIT, Limited, Vs. Central Circle, Kota. 1, Ballabh Bari Shopping Complex, Ballabh Bari, Kota-324007. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAFCP 8699C vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@ITA. No. 1358 /JPR/2…

Parshwanath Buildestate Private Limited, Kota vs. ACIT/DCIT, Central Circle, Kota

In the result, both the appeal filed by separate assessee are allowed in terms of the above observations

ITA 1357/JPR/2024[2018-19]Status: DisposedITAT Jaipur19 Mar 2025AY 2018-19

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

For Appellant: Shri Mahendra Gargieya, Adv.&For Respondent: Smt. Runi Pal, CIT a
Section 133ASection 139Section 143(3)Section 234ASection 244ASection 69C

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBkSM+ deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 1357 /JPR/2024 fu/kZkj.k o"kZ@Assessment Years : 2018-19 Parshavnath Buildestate Private cuke The ACIT/DCIT, Limited, Vs. Central Circle, Kota. 1, Ballabh Bari Shopping Complex, Ballabh Bari, Kota-324007. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAFCP 8699C vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@ITA. No. 1358 /JPR/2…

Ridhiraj Builders, Jaipur vs. Deputy Commissioner of Income Tax, Circle-6, Ncrb, Jaipur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1167/JPR/2024[2015-16]Status: DisposedITAT Jaipur18 Mar 2025AY 2015-16

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

For Appellant: Shri Surendra Sha, C.AFor Respondent: Shri Dinesh Badgujar, Addl.CIT a
Section 115BSection 127Section 142(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 274Section 68

…explanation as to how the amounts came to be received was rejected by the Income-tax authorities, the Income-tax authorities were entitled to treat the credits as business receipts chargeable to tax.  Nalinikant Ambalal Mody v S.A.L. Narayan Row, CIT [1966] 61 ITR 428, the Supreme Court has held that whether an income falls under one head or another has to be decided according to the common notions of practical man because the Act does not provide any guidance in the matter.  Daulatram Rawatmull v. CIT [1967] 64 ITR 593, it has been held by the Calcutta High Court that where a credit entry is found in the bus…