T.T. (P) Ltd. v. CIT

GIRIRAJ PRASAD GOYAL,TONK vs. ITO TONK, TONK

In the result, both appeals of the assessee are allowed for statistical

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

…ke decisions and the AO is not supposed to intervene therein nor he can replace the assessee. Here, whatever decisions were taken by the assessee, has to be understood as taken out of commercial expediency. Kindly refer T.T. Pvt Ltd v/s CIT 121 ITR 551 (Kar), 139 ITR 827 (MP) JK Woolen Manufacturers 72 ITR 612 (SC). 4. Wrong basis at all: It is further submitted that the ld. AO has taken own imaginary basis which is not a good basis looking to the nature of expenses or profession of the assessee and made higher estimated disallowance. The AO has not brought any other single evidence or material on record before…

SHRI SURESH KUMAR GOYAL, 501 UNIQUE SANGHI APARTMENT DURGAPURA JAIPUR-302018,JAIPUR vs. ACIT CIRCLE-6, JAIPUR, CIRCLE-6, JAIPUR

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

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”SMC’’ JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ds le{k BEFORE: Hon’ble SHRI SANDEEP GOSAIN, JUDICIAL MEMBER vk;dj vihy la-@ITA No. 664/JP/2019 fu/kZkj.k o"kZ@Assessment Year : 2013-14 Shri Suresh Kumar Goyal cuke The ACIT Vs. M/s. Vijay Durgesh & Co. Circle-6 227, Pratap Nagar, Khatipura Road Jaipur Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: JPRS05605 F vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya, Adv. & Shri Arnabh Dey, Adv. jktLo dh vksj ls@ Revenue by:…

RAJ AUTO WHEELS (P) LTD.,JAIPUR vs. ACIT, AJMER

In the result, the appeal of the assessee is party allowed

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Mk0 ehBk yky ehuk] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & DR MEETHA LAL MEENA, AM vk;dj vihy la-@ITA No. 929/JP/2016 fu/kZkj.k o"kZ@Assessment Year : 2009-10 M/s. Raj Auto Wheels (P) Ltd cuke The ACIT Vs. 424/24, Ravan Bahici, Kaiser Ganj Circle-1 Ajmer Ajmer LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AADCR 3896 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri Mahendra Gargieya, Advocawte jktLo dh vksj ls@Revenue by: Shri P.R.…

M/S ALLEN CAREER INSTITUTE,JAIPUR vs. INCOME TAX OFFICER, WARD-2-1, KOTA

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

…ervene therein nor he can replace the assessee. Here, whatever decisions were taken by the assessee, has to be understood as taken out of commercial expediency. Kindly refer T.T. (P) Ltd. v/s CIT (1980) 121 ITR 551 (Kar), CIT V/s Udhoji Shri Krishandas (1983) 139 ITR 827 (MP), JK Woollen Manufacturers 72 ITR 612 (SC)’’ 4.6 On the other hand, the ld. DR strongly relied upon the findings recorded by the authorities below and justified the additions made and confirmed by the ld. CIT(A) and prayed to uphold the addition/disallowance. 4.7 We have carefully considered the finding recorded in the impugned orders, the…

INCOME TAX OFFICER, WARD-1-2, AJMER vs. SHRI BHAGCHAND JAIN, AJMER

In the result, appeal of the Revenue is dismissed and the cross objection of the assessee is partly allowed

…tervene therein nor he can replace the assessee. Here, whatever decisions were taken by the assessee, has to be understood as taken out of commercial expediency. Kindly refer T.T. (P) Ltd. v/s CIT (1980) 121 ITR 551 (Kar), CIT v/s Udhoji Shrikrishnadas (1983) 139 ITR 827 (MP) JK Woolen Manufacturers 72 ITR 612 (SC). 35 ITA 1271/JP/2018 & CO 42/JP/2018_ ITO Vs Sh. Bhagchand Jain 1.3 Reasonable Claim made: It is submitted that looking to a huge turnover of more than Rs.9.40crores (approx.), claim of expenditure is otherwise very meager. Thus such a meager claim to achieve such a huge turnover is not at all unjusti…

M/S. SWASTIK OIL INDUSTRIES,TONK vs. DCIT, CIRCLE-7, , JAIPUR

In the result, both the appeals of the assessee are disposed off in light of aforesaid directions

…tervene therein nor he can replace the assessee. Here, whatever decisions were taken by the assessee, has to be understood as taken out of commercial expediency. Kindly refer T.T. (P) Ltd. v/s CIT (1980) 121 ITR 551 (Kar), CIT v/s Udhoji Shrikrishnadas (1983) 139 ITR 827 (MP) JK Woolen Manufacturers 72 ITR 612 (SC). 13. It was further submitted that looking to a huge turnover of more than Rs.53.20 crores (approx), claim of expenditure is otherwise very meager. Thus such a meager claim to achieve such a huge turnover is not at all unjustified. All these expenses were incurred exclusively for businesses purpose an…

M/S. SWASTIK OIL INDUSTRIES,TONK vs. DCIT, CIRCLE-7, , JAIPUR

In the result, both the appeals of the assessee are disposed off in light of aforesaid directions

…tervene therein nor he can replace the assessee. Here, whatever decisions were taken by the assessee, has to be understood as taken out of commercial expediency. Kindly refer T.T. (P) Ltd. v/s CIT (1980) 121 ITR 551 (Kar), CIT v/s Udhoji Shrikrishnadas (1983) 139 ITR 827 (MP) JK Woolen Manufacturers 72 ITR 612 (SC). 13. It was further submitted that looking to a huge turnover of more than Rs.53.20 crores (approx), claim of expenditure is otherwise very meager. Thus such a meager claim to achieve such a huge turnover is not at all unjustified. All these expenses were incurred exclusively for businesses purpose an…

PALIWAL JEWELLERS,JAIPUR vs. ITO, JAIPUR

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

…ke decisions and the AO is not supposed to intervene therein nor he can replace the assessee. Here, whatever decisions were taken by the assessee, has to be understood as taken out of commercial expediency. Kindly refer T.T. Pvt Ltd v/s CIT 121 ITR 551 (Kar), 139 ITR 827 (MP) JK Woolen Manufacturers 72 ITR 612 (SC). 4. Wrong basis at all: It is further submitted that the ld. AO has taken own imaginary basis which is not a good basis looking to the nature of expenses or business of the assessee and made higher estimated disallowance. The AO has not brought any other single evidence or material on record before ma…

S.R. PROTIENS PVT. LTD,JAIPUR vs. DCIT, JAIPUR

In the result, the disallowance of Rs 71,795 is hereby deleted

…ke decisions and the AO is not supposed to intervene therein nor he can replace the assessee. Here, whatever decisions were taken by the assessee, has to be understood as taken out of commercial expediency. Kindly refer T.T. Pvt Ltd v/s CIT 121 ITR 551 (Kar), 139 ITR 827 (MP) JK Woolen Manufacturers 72 ITR 612 (SC). 12.3 Wrong basis at all: It is further submitted that the ld. AO has taken own imaginary basis which is not a good basis looking to the nature of expenses or business of the assessee and made higher estimated disallowance. The AO has not brought any other single evidence or material on record before…

GALAXY IMPEX,JAIPUR vs. DCIT, JAIPUR

In the result, the disallowance made

…ervene therein nor he can replace the assessee. Here, whatever decisions were taken by the assessee has to be understood as taken out of commercial expediency. Kindly refer T.T (P) Ltd. v/s CIT (1980) 121 ITR 551 (Kar), CIT v/s Udhoji Shrikrishnadas (1983) 139 ITR 827 (MP), JK Woolen Manufactures V/S CIT (1969) 72 ITR 612 (SC). 9.2 It was further submitted that neither the AO nor the ld. CIT(A) have provided any reasonable basis whatsoever for making the estimated disallowance. They also ignored the vital fact that in the past no such disallowance was ever made. Kindly refer assessment order (PB 111) where…