Smt. Harshila Chordia v. ITO

Graphtech Exim Private Limited, Delhi vs. ACIT Cen Cir 3 Jaipur, Lic Building Jaipur

In the result, the appeal of the assessee is allowed

…o consider the same as unexplained credit entry of the assessee by applying the provisions of section 68 of the Act. We get support of our view from the decision of our High Court of Rajasthan in the case of Smt. Harshila Chordia vs Income-tax Officer [2008] 298 ITR 349 (Rajasthan) “wherein it was held that no addition could be made in respect of the amount standing in the books of the assessee, which was found to be the cash receipts from the customers and against which delivery of vehicle was made to them." As the fact of this cash being similar that part of the sales is considered by the revenue has explained…

Kiran Fine Jewellers Private Limited, Jaipur vs. Deputy Commissioner of Income Tax, Central Circle-2, Jaipur

In the result ground no 2 raised by the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

…has recorded the sales after giving the delivery of the goods lying in the stock of the assessee company. On this aspect of the matter, we get support from the decision of the our jurisdictional High Court in the case of Smt. Harshila Chordia v. ITO [2008] 298 ITR 349 in which it was held that 93 Kiran Fine Jewellers Pvt. Ltd. vs. DCIT “Addition u/s 68 could not be made in respect of the amount which was found to be cash receipts from the customers against which delivery of goods was made to them”. Thus, the sales recorded in the books of account of the assessee company cannot be considered as unexplained an…

Jitendra Kumar Tahilramani, Jaipur vs. ITO Ward-2, Jaipur.

Bench: Him.

…ewellers Ltd., ITA Nos. 161 and 178/JP/2022, vide order dated 29.09.2022, dismissed the appeal of the Department. Hon’ble ITAT relied upon the decision of Hon’ble Rajasthan High Court in the case of Smt. Harshil Chordia Vs. ITO reported at MANU/RH/0851/2006 : 298 ITR 349 (Rajasthan-HC) and held as under:- “…Thus, the fact of the case on hand is similar to the jurisdictional high court decision cited by the Ld. AR of the assessee. The Ld. AR of the assessee also relied upon the coordinate Jaipur ITAT decision also on the issue and the revenue not prove the sale made by the assessee which is executed after giving t…

Mohan Lal Ashok Kumar Saraf, Jaipur vs. DCIT Cen Cir 1, Jaipur

In the result, the appeal of the assessee is allowed as indicated hereinabove

…at particular period cannot be the reason for treating it as undisclosed income from undisclosed sources. To this effect we get support from the decision of our own Jurisdictional Hon’ble Rajasthan High Court in the case of Smt. Harshila Chordia v. ITO [2008] 298 ITR 349 (Raj) wherein it has been held that “Addition u/s 68 could not be made in respect of the amount which was 37 MOHAN LAL ASHOK KUMAR SARRAF VS DCIT, CENTRAL CIRCLE-1 JAIPUR found to be cash receipts from the customers against which delivery of goods was made to them”. The bench also noticed that ld. CIT (A) contentions are only based on conjecture…

Nitin Vijay, Jaipur vs. ITO Ward 1(4), Jaipur

…ne (contrary to the legal provisions) and further erred in invoking the provisions of Section 68 in respect of such cash sales. Attention is drawn towards the judgment of the Hon'ble Jurisdictional High Court in the case of Smt. Harshila Chordia v. ITO (2008) 298 ITR 349 [CLC Pages 310 to 315] wherein the Hon'ble High Court held as under: “So far as question No. 2 is concerned, apparently when the Tribunal has found as a fact that the assessee was receiving money from the customers in hands against the payment on delivery of the vehicles on receipt from the dealer the question of such amount standing in the books…

Income Tax Officer, Ward-1(2), Jaipur vs. Gordhandas Nandkishore Jewellers, Jaipur

In the result, appeal filed by the Revenue stands dismissed with no orders as to

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…terial in support of such allegation merely on the basis of surmises and conjecture of the Revenue Authorities. We also rely upon the following decisions of Hon'ble Jurisdictional High Court / Jaipur Tribunal as under :- Smt. Harshila Chordia vs. ITO (2008) 298 ITR 349 (Raj.)(CLC 1-5) : “So far as question No. 2 is concerned, apparently when the Tribunal has found as a fact that the assessee was receiving money from the customers in hands against the payment on delivery of the vehicles on receipt from the dealer the question of such amount standing in the books of account of the assessee would not attract secti…

Suwalka and Suwalka Properties and Builders Pvt Ltd, Kota, Rajasthan vs. ACIT, Central Cirlce, Kota, Rajasthan

Bench: Him Challenging The 2 Suwalka & Suwalka Properties & Builders Pvt. Ltd. Vs. Acit Assessment Order Dated 22.12.2019 Passed U/S.143(3)Of The Income Tax

…for the receiver as the amount was received against the something sold to him, therefore such transactions cannot be examined with point of view of cash credits. Hon’ble Rajasthan High Court in the case of Smt. Harshila Chordia vs Income- tax Officer [2008] 298 ITR 349 (Rajasthan) held that no addition could be made in respect of the amount standing in the books of the assessee, which was found to be the cash receipts from the customers and against which delivery of vehicle was made to them. Further reliance is placed on the decision of Hon’ble ITAT B Bench Jaipur in the case of ACIT vs M/s MotisonsJewellers L…

Assistant Commissioner of Income Tax, Central Circle, Kota vs. Sh. Naval Kishore, Kota

In the result appeal filed by the assessee stands allowed and that of the revenue stands dismissed

…not correct." 1.4. Credit self-explanatory: In view of the above facts, the Bank Deposits are self-explanatory and hence no addition could have been made u/s 68, which had no application in such facts, as held in case of Smt. Harshila Chordia Vs. ITO, (2008) 298 ITR 349(Raj): "Income— Cash credit under s. 68—Receipt from customers in cash—When the Tribunal has found as a fact that the assessee was receiving money from the customers in hands against the payment on delivery of the vehicles on receipt from the dealer the question of such amount standing in the books of account of the assessee would not attract s. 6…

Assistant Commissioner of Income Tax, Central Circle, Kota vs. Nisha Jain, Kota

In the result, the appeal of the Revenue is dismissed with no orders as to cost

…ment proceedings. Merely the assessee unable to record the mobile number it does not make the sale as non-genuine and we find support of this contention from the decision of the jurisdictional high court in the case of Smt. Harshil Chordia Vs. ITO reported at 298 ITR 349 (Rajasthan-HC)(supra) we do not find any merits on the finding of the ld. AO and that of the ld. CIT(A) in disbelieving the sales recorded by the assessee as the sales is in course of business is duly supported by the invoice and delivery of the goods recorded in the books of the assessee. The cash is generated out of the stock already on record…

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)

…1961 In this regard it is submitted that when the ld. AO has accepted the books of accounts no sec. 68 can be invoked nor applicable. (a) 5.1 Reliance is placed on the decision of Hon'ble Rajasthan High Court in the case of Smt. Harshiia Chordia vs ITO (2008) 298 ITR 349 in which it was held that "Addition u/s 68 could not be made in respect of the amount which was found to be cash receipts from the customers against which delivery of goods was made to them". (b) CIT vs Associated Transport Pvt. Ltd. on 4 January, 1994 Equivalent citations: 1995 212 ITR 417 Cal. 15 MS. PRIYANKA SURANA VS ITO, WARD 5(1), JAIPUR “…