SHRI ASHOK DHARENDRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Rathod Kamlesh Jayantbhai, Am Vk;Dj Vihy La-@Ita No. 256/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year :2015-16 Shri Ashok Dharendra, Cuke D.C.I.T. 23, Shivraj Niketan Scheme, Vs. Central Circle-3, Gautam Marg, Nr Vaishali Jaipur. Nagar Circle, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aavpd 6554 B Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Manish Agarwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri S. Najmi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/02/2022 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 12 /04/2022 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- 4, Jaipur Dated 01/12/2017 For The A.Y. 2015-16 In The Matter Of Order Passed U/S 143(3) Read With Section 153B(1)(B) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Has Grossly Erred In Confirming The Addition Of Rs. 1,50,00,000/- Made In The Assessment Completed U/S 143(3) R.W.S. 153B(1)(B) Solely On The Basis Of Statements Recorded During The Course Of Search Which Stood Retracted By The Assessee Through An Affidavit Filed. Thus, The Addition Made Solely On The Basis Of Such Retracted Statements Deserves To Be Deleted.

132(4) of the Act recorded on 05.09.2013, had admitted to have received on-money of Rs. 27,50,31,216/= and Rs. 2.5 crore on a/c of other discrepancies, the gist of head wise & entry wise break up of admission of undisclosed income is mentioned as under: S. Amount Basis of admission Relevant Remark No. admitted in question

RAJESH PRODUCTS,TONK ,RAJASTHAN vs. ACIT, JAIPUR

132(4), are true and correct and brings out the correct\npicture, as by that time the assessee is uninfluenced by external agencies.\nThus, whenever an assessee pleads that the statements have been\nobtained forcefully/by coercion/undue influence without material/contrary\nto the material, then it should be supported by strong evidence which we\nhave oberved hereinbefore. Once a statement is recorded

JAIPAL SINGH,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

Section 132(4) and/or\nunder Section 131 of the Act have been explained in the affidavit filed on\n20.05.2013, The very fact that the search continued for as long as 36 hours\nindicates that coercion and undue influence were exercised by the authorities of\nthe appellantdepartment for making surrender. The affidavit filed by the assessee\non 20.05.2013 explained in minute

ACIT, CC-4, JAIPUR vs. SHRI MUKUT BEHARI AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS being deducted on the payment of interest which is duly recorded in the books of accounts of assesse and not on the excess amount as alleged by Ld.AO and further confirmed by Ld.CIT(A). CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri Appellant prays that such observation being incorrectly made deserves to ignored and excluded

ACIT, CC-4, JAIPUR vs. SHRI MUKUT BEHARI AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS being deducted on the payment of interest which is duly recorded in the books of accounts of assesse and not on the excess amount as alleged by Ld.AO and further confirmed by Ld.CIT(A). CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri Appellant prays that such observation being incorrectly made deserves to ignored and excluded

ACIT, CC-4, JAIPUR vs. SHRI MUKESH JAIN, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS being deducted on the payment of interest which is duly recorded in the books of accounts of assesse and not on the excess amount as alleged by Ld.AO and further confirmed by Ld.CIT(A). CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri Appellant prays that such observation being incorrectly made deserves to ignored and excluded

ACIT, CC-4, JAIPUR vs. SMT. SANGEETA MANTRI, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS being deducted on the payment of interest which is duly recorded in the books of accounts of assesse and not on the excess amount as alleged by Ld.AO and further confirmed by Ld.CIT(A). CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri Appellant prays that such observation being incorrectly made deserves to ignored and excluded

ACIT,CC-4, JAIPUR vs. SHRI RAMESH KUMAR MANTRI, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS being deducted on the payment of interest which is duly recorded in the books of accounts of assesse and not on the excess amount as alleged by Ld.AO and further confirmed by Ld.CIT(A). CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri Appellant prays that such observation being incorrectly made deserves to ignored and excluded

ACIT,CC-4, JAIPUR vs. SHRI RAMESH KUMAR MANTRI, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS being deducted on the payment of interest which is duly recorded in the books of accounts of assesse and not on the excess amount as alleged by Ld.AO and further confirmed by Ld.CIT(A). CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri Appellant prays that such observation being incorrectly made deserves to ignored and excluded

ACIT, CC-4, JAIPUR vs. SHRI MUKESH JAIN, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS being deducted on the payment of interest which is duly recorded in the books of accounts of assesse and not on the excess amount as alleged by Ld.AO and further confirmed by Ld.CIT(A). CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri Appellant prays that such observation being incorrectly made deserves to ignored and excluded

ACIT, CC-4, JAIPUR vs. SMT. ASHA JAIN, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS being deducted on the payment of interest which is duly recorded in the books of accounts of assesse and not on the excess amount as alleged by Ld.AO and further confirmed by Ld.CIT(A). CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri Appellant prays that such observation being incorrectly made deserves to ignored and excluded

ACIT, CC-4, JAIPUR vs. SMT. SUNITA AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS being deducted on the payment of interest which is duly recorded in the books of accounts of assesse and not on the excess amount as alleged by Ld.AO and further confirmed by Ld.CIT(A). CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri Appellant prays that such observation being incorrectly made deserves to ignored and excluded

SDC CONSTRUCTION,JAIPUR vs. ITO, WD 1(3), JIAPUR

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

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

132(4) of the Act was recorded. The assessee was identified as one of the beneficiaries of the bogus entries, therefore, his statement becomes material and so is his books of accounts to enable the assessee to respond to the notice u/s 148A(b) in an effective manner. The assessee being a third party was not liable to be proceeded

JAIPAL SINGH,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

132(4) of the Act during the course of action of\nsearch the appellant has agreed that the flats have been sold by Sri Chhotu Ram\nat a rate of around rupees 40,00,000 per flat and the registration has been got\ndone at that DLC rates for all the flats and the appellant further clarified in his\nstatement

JAIPAL SINGH,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

132(4) of the Act during the course of action of\nsearch the appellant has agreed that the flats have been sold by Sri Chhotu Ram\nat a rate of around rupees 40,00,000 per flat and the registration has been got\ndone at that DLC rates for all the flats and the appellant further clarified in his\nstatement

JAIPAL SINGH,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

132(4) of the Act during the course of action of\nsearch the appellant has agreed that the flats have been sold by Sri Chhotu Ram\nat a rate of around rupees 40,00,000 per flat and the registration has been got\ndone at that DLC rates for all the flats and the appellant further clarified in his\nstatement

SURYA SINGHAL,KOTA vs. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

132(4) of the IT Act, 1961,\nShri Banna Lal Jat disclosed the said cash found as undisclosed\nincome of the Private Limited company and he further reconfirmed\nin the statement recorded in the second statement recorded u/s 131\nof the IT Act, 1961. Thereafter, Shri Banna Lal Jat informed that\nthe said cash belongs to his proprietorship concern

JAIPAL SINGH,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

132(4) of the Act during the course of action of\nsearch the appellant has agreed that the flats have been sold by Sri Chhotu Ram\nat a rate of around rupees 40,00,000 per flat and the registration has been got\ndone at that DLC rates for all the flats and the appellant further clarified in his\nstatement