R.B.N.J. Naidu v. CIT

Jagdish Kumar Arora, Bhawanimandi vs. DCIT, Central Circle- Kota, Kota

In the result, the appeal of the assessee is allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

…mere allegation unless proved. Suspicion may be strong however cannot take the place of reality, are the settled principles kindly refer Dhakeshwari Cotton Mills 26 ITR 775 (SC) also refer R.B.N.J. Naidu v/s CIT 29 ITR 194 (Nag), Kanpur Steel Co. Ltd. v/s CIT 32 ITR 56 (All).Also refer CIT v/s KulwantRai 291 ITR 36( Del). In CIT v/s Shalimar BuildwellPvt Ltd 86 CCH 250(All). And in the present case the ld. AO invoked 37 Jagdish Kumar Arora provision of sec. 115BBE merely on suspicion which was not desirable in the eye of law and invoking provision of section 69 invalid ignoring the true and correct facts of the…

Silver Wings Life Spaces, Kota vs. DCIT Circle-1 Kota, Kota

In the result, the appeal of the assessee is allowed

Bench: Learned Cit(A), Which Appeal Was Filed By The Assessee

…be strong however cannot take the place of reality, are the settled principles kindly refer Dhakeshwari Cotton Mills 26 ITR 775 (SC) also refer 24 Silver Wings Life Spaces vs DCIT, Kota R.B.N.J. Naidu v/s CIT 29 ITR 194 (Nag), Kanpur Steel Co. Ltd. v/s CIT 32 ITR 56 (All).Also refer CIT v/s KulwantRai 291 ITR 36( Del). In CIT v/s Shalimar BuildwellPvt Ltd 86 CCH 250(All). And in the present case the ld. AO invoked provision of sec. 115BBE merely on suspicion which was not desirable in the eye of law and invoking provision of section 69 invalid ignoring the true and correct facts of the case. The provision of s…

Priyanka Surana, Jaipur vs. ITO Ward 5(1), Jaipur

In the result, the appeal of the assesee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

…the condition of the assessee. Suspicion may be strong however cannot take the place of reality, are the settled principles kindly refer Dhakeshwari Cotton Mills 26 ITR 775 (SC) also refer R.B.N.J. Naidu v/s CIT 29 ITR 194 (Nag), Kanpur Steel Co. Ltd. v/s CIT 32 ITR 56 (All).Also refer CIT v/s KulwantRai 291 ITR 36( Del). In CIT v/s Shalimar Buildwell Pvt Ltd 86 CCH 250(All) it has been held that the AO made the addition merely on suspicion which was not desirable in the eye of law. Kindly refer (a) Reliance is placed on same and identical matter where Hon’ble VISAKHAPATNAM ITAT Bench (DB) in the matter of M/s H…

Satish Chand Gupta, Jaipur vs. ITO Ward 6(2), Jaipur

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

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

…in rejecting the explanation without 13 SATISH CHAND GUPTA VS ITO, WARD 6(2), JAIPUR making proper enquiry. Further, it may be noted that A.O. merely disbelieved but not disproved the facts stated by the appellant in respect of the said creditor.” 9 (1956) 30 ITR 228 Lajwanti Sial vs. The finding that cash credits or (Nag.) CIT high denomination notes encased upon demonetization represent undisclosed income, would be rejected by the court if there is no evidence to support it. 10 (i) 26 ITR 775, (ii) (a) Dharkeshwari In these cases Hon’ble Supreme 37 ITR 151 and (iii) Cotton Mills Ltd vs. Court has set aside…

Kamal Dewan, Jaipur vs. ITO Ward 2(3), Jaipur

In the result, the appeal of the assesee is partly allowed

…Page 1: आयकर अपीलीय अधिकरण, जयपुर न्यायपीठ, जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”SMC” JAIPUR श्री संदीप गोसाई, न्यायिक सदस्य के समक्ष BEFORE: Hon'ble SHRI SANDEEP GOSAIN, JUDICIAL MEMBER आयकर अपील सं./ITA No. 135/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 M/s. Kamal Dewan B-24, Ajmer Road, Suraj Nagar Jaipur बनाम The ITO Vs. Ward 2(3) Jaipur स्थायी लेखा सं./जीआईआर सं./PAN/GIR No.: ACGPD 1234 M अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Shri Sharwan Kumar Gupta, Adv. राजस्व की ओर से / Revenue by: Smt. Monisha Choudhary, Addl. CIT-DR सुनवाई की तारी…

Balaji Jewellers, Jaipur vs. ACIT CC -4, Jaipur

In the result, the appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…the condition of the assessee. Suspicion may be strong however cannot take the place of reality, are the settled principleskindly refer Dhakeshwari Cotton Mills 26 ITR 775 (SC) also refer R.B.N.J. Naidu v/s CIT 29 ITR 194 (Nag), Kanpur Steel Co. Ltd. v/s CIT 32 ITR 56 (All).Also refer CIT v/s 18 ITA 433/JP/2023 BALAJI JEWELLERS VS ACIT, CENTRAL CIRCLE-4, JAIPUR KulwantRai 291 ITR 36( Del). In CIT v/s Shalimar BuildwellPvt Ltd 86 CCH 250(All) it has been held that the AO made the addition merely on suspicion which was not desirable in the eye of law. 1.4 Kindly refer (a) Reliance is placed on same and identical…

Rukmani Jewellers Private Limited, Jaipur vs. DCIT Cir.-4 Jaipur, Jaipur

In the result, the appeal of the assessee is allowed

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

…the condition of the assessee. Suspicion may be strong however cannot take the place of reality, are the settled principles kindly refer Dhakeshwari Cotton Mills 26 ITR 775 (SC) also refer R.B.N.J. Naidu v/s CIT 29 ITR 194 (Nag), Kanpur Steel Co. Ltd. v/s CIT 32 ITR 56 (All).Also refer CIT v/s KulwantRai 291 ITR 36( Del). In CIT v/s Shalimar Buildwell Pvt Ltd 86 CCH 250(All) it has been held that the AO made the addition merely on suspicion which was not desirable in the eye of law. 1.4 Kindly refer (a) Reliance is placed on same and identical matter where Hon’ble VISAKHAPATNAM ITAT Bench (DB) in the matter of M…