PCIT v. Bajargan Traders

466 ITR 397High Court2024#25074 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2024 to 2025.

Sections most often in play

Section 115BBE Section 133A Section 142(1)Section 143(2)Section 250 Section 68 Section 69 Section 69A

Issues it is cited on

section 115bb section 115b section 115bbe income from other sources section 115 undisclosed income section 69 section 68 section 11 section 13 section 143 section 14

Judgments citing PCIT v. Bajargan Traders

Bhagwati Prasad Khandelwal, Kota vs. Assistant Commissioner of Income Tax, Central Circle, Kota

In the result, ground No. 1 of the assessee is allowed

ITA 1494/JPR/2024[2018-19]Status: DisposedITAT Jaipur22 Apr 2025AY 2018-19

Bench: The Learned Ao & Treating The Same As Income From Other Sources. 2. The Assessee Craves Your Indulgence To Add, Amend Or Alter All Or Any Grounds Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Shri Harsh Poddar, AdvocateFor Respondent: Mrs. Swapnil Parihar, JCIT-DR

Section 115BSection 133ASection 142(1)Section 143(2)Section 250Section 69

…mal rate. The ld. AR of the appellant has relied on various case laws in this regard. We have gone through the judgement of the Hon`ble jurisdictional High Court of Rajasthan in the case of PCIT v/s Bajargan Traders in ITA No. 258/2017 order dated 22.09.2017 (466 ITR 397)(Raj.) wherein the findings of this co-ordinate Bench of the Tribunal was confirmed. The Hon`ble Rajasthan High Court in this judgement reproduced the finding of this bench of ITAT as under :- “2.10. We have heard the rival contentions and perused the material available on record. During the course of survey, the assessee has surrendered an amou…

Shiv Vegpro Private Limited, Kota vs. PCIT-Udaipur, Udaipur

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

ITA 1014/JPR/2024[2017-18]Status: DisposedITAT Jaipur28 Jan 2025AY 2017-18

For Appellant: Shri Mahendra Gargieya, (Adv.) &For Respondent: Mrs. Alka Gautam, (CIT-DR)

Section 147Section 263Section 36(1)(iii)Section 36(1)(va)Section 43B

…gal position and the judicial guideline through the various decisions of Hon'ble Rajasthan High Court and ITAT Jaipur, is well settled. The AOacted in accordance with the judicial guideline and the ratio laid in the cases of: a. CIT vs Bajargan Traders [2024] 466 ITR 397 b. Chokshi Hiralal Maganlal vs DCIT (ITA No. 3281/Ahd/2009 dated 05.08.2011/ (2011) 45 SOT 349). c. Shri Lovish Singhal vs ITO (ITA No 142 to 146/Jodh/2018 for AY 2014- 15 dated 25 May 2018). and applying the same on the facts of the case in hand, decided that the provisions of S.115BBE were not applicable and hence did not therefore apply high r…

Swaroop Narain Shiv Narain, Jaipur, Rajasthan vs. ACIT, Central Circle - 3, Jaipur, Rajasthan

ITA 517/JPR/2024[2018-19]Status: DisposedITAT Jaipur17 Oct 2024AY 2018-19

For Appellant: Shri Rajeev Sogani, CAFor Respondent: Shri Arvind Kumar, CIT-DR

Section 115BSection 127Section 143(2)Section 143(3)Section 69Section 69B

…dealing in the items since last so many years which have been found in excess at the time of survey. Before Id. CIT(A), reliance was placed on the judgment of the Jurisdictional High Court in the case of PCIT v. Bajargan Traders 86 Taxmann.com 295 (Rajasthan) 466 ITR 397(Raj) to substantiate the legal proposition that the excess stock of the items regularly traded in is generated/accumulated out of the business income of dealing in the same items. Reliance was also placed on the following decisions of different Benches of Hon'ble ITAT which have accepted the above legal proposition and consequently non-applicabil…