DCIT, CC-2, Jaipur vs. Shri Jitendra Kumar Agarwal, Jaipur
In the result, appeal of the assessee is dismissed and that of the revenue is also stands dismissed
ITA 181/JPR/2020[2017-18]Status: DisposedITAT Jaipur07 Jun 2023AY 2017-18
Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)
For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 132Section 143Section 143(3)Section 145(3)Section 68
…verse. Further if the findings are either ipse dixit of the Court or based on conjecture and surmises, the judgment suffers from the additional infirmity of non- application of mind and thus, stands vitiated (Vide Bharatha Matha v. R.Vijaya Renganathan [2010] 11 SCC 483: AIR 2010 SC 2685)" 15. Earlier in Dhirajlal Girdharilal v. CIT [1954] 26 ITR 736 (SC) it was observed: "...if the Court of fact, whose decision on a question of fact is final, arrives at this decision by considering material which is irrelevant to the enquiry, or by considering material which is partly relevant and partly irrelevant, or bases i…