M/S VIJAYETA BUILDCON PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result, the ground of the assessee’s appeal is allowed

bogus gifts in the regular assessment proceedings, the proceedings for penalty were drawn under Section 271(1)(c) of the Act. The material found in the search may 14 M/s Vijayeta Buildcon Pvt. Ltd. Vs. ACIT be a ground for notice and assessment under Section 153A of the Act but that would not efface or terminate all the consequence, which

CENTRE FOR DEVELOPMENT COMMUNICATION TRUST,JAIPUR vs. COMMISSIONER OF INCOME TAX EXEMPTION, JAIPUR

40A(3) of the\nAct, salary has been kept at just less than 20,000/- since the same would have been liable\nto be disallowed if salary payment was greater than 20,000/- in cash. This shows that it is\na pre meditated action on the part of the assessee trust with the motive of siphoning off\nfunds for personal

DINESH HALDIA,JAIPUR vs. DCIT CIRCLE 1, JAIPUR, JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

2,92,93,288/-represented alleged purchases from bogus suppliers it was not incumbent on it to restrict the disallowance to only Rs. 73,23,322/-" (Emphasis Supplied) The honourable jurisdictional High Court has in number of cases leg Commissioner of Income Tax, Jaipur-1, Jaipur vs. M/s Gems Paradise, Jaipur in D.B. Income Tax Appeal NO. 201/2010 decided

DCIT, JAIPUR vs. JADAU JEWELLERS & MFG (P) LTD., JAIPUR

In the result, the appeals filed by the assessee are partly allowed and that of the Revenue are dismissed

bogus purchase bill. 5 M/s. Jadau Jewellers & Manufacturers (P) Ltd. vs. DCIT, Central Circle- 2, Jaipur 6. Whether on the facts and the circumstances of the case the ld CIT(A) was right in deleting the addition of Rs.1,66,336/- made by disallowing 15% of the total expenses found recorded in the books of accounts named “Jadavji”maintained

M/S GANPATI EXCLUSIVE DESIGNER SAREES PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

bogus shareholders then it is for the Income Tax Officer to proceed by reopening the assessment of such shareholders and assessing them to tax in accordance with law. It does not entitle the Revenue to add the same to the assessee's income as unexplained cash credit. (f) In the above circumstances and particularly in view of the concurrent finding

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR vs. M/S GANPATI EXCLUSIVE DESIGNER SAREES PVT. LTD., JAIPUR

In the result, appeal of the assessee is allowed

bogus shareholders then it is for the Income Tax Officer to proceed by reopening the assessment of such shareholders and assessing them to tax in accordance with law. It does not entitle the Revenue to add the same to the assessee's income as unexplained cash credit. (f) In the above circumstances and particularly in view of the concurrent finding

M/S. SILVEX & COMPANY INDIA LTD.,JAIPUR vs. ITO WARD-7(4), JAIPUR

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

2,83,18,907 3. M/s Olive Overseas Pvt. Ltd. 1,30,00,000 Total 6,26,90,957 In this regard, at the outset it is submitted that the search in the case of alleged Praveen Jain &Bhanwar Lal Jain group, was conducted on October, 2013, whereas captioned purchase bills pertain to F. Y. 2011-12 and thus

ITO WARD-7(2), JAIPUR, WARD-7(2), JAIPUR vs. M/S. SILVEX & COMPANY G-1/35 TO 37, 47, 48 EPIP, JEWELLERY ZONE, SITAPURA INDUSTRIAL AREA, JAIPUR, JAIPUR

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

2,83,18,907 3. M/s Olive Overseas Pvt. Ltd. 1,30,00,000 Total 6,26,90,957 In this regard, at the outset it is submitted that the search in the case of alleged Praveen Jain &Bhanwar Lal Jain group, was conducted on October, 2013, whereas captioned purchase bills pertain to F. Y. 2011-12 and thus

RASHLEELA ENTERPRISES PRIVATE LIMITED, JAIPUR,JAIPUR vs. ACIT CEN CIR 3, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalrashleela Enterprises Pvt. Ltd., C-5, Krishna Balram, Calgiri Road, Malviya Nagar, Jaipur 302017. Pan No.: Aadcr2594J ...... Appellant Vs.

40A] to an employee engaged in such scientific research or on the purchase of materials used in such scientific research, the aggregate of the expenditure so laid out or expended within the three years immediately preceding the commencement of the business shall, to the extent it is certified by the prescribed authority to have been laid out or expended

K L TAMBI AND CO,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2,, JAIPUR

27. As a result, the appeal is partly allowed, and addition of 20% of bogus or purchases from unverifiable persons or entities is upheld as regards AY 2005-06

Bench: This Appellate Tribunal

B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. S. R. Sharma, CA & Sh. R. K. Bhatra, CA jktLo dh vksj ls@ Revenue by : Sh. A. S. Nehra (Addl.CIT) lquokbZ dh rkjh[k@ Date of Hearing : 31/07/2024 mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 01/08/2024 vkns'k@ ORDER PER: Narinder Kumar, Judicial Member

AMAN EXPORTS INTERNATIONAL,JAIPUR vs. DCIT CIRCLE 1, JAIPUR

In the result, appeal of the assessee is partly allowed

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

B” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBkSM+ deys'k t;arHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 147/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2012-13 cuke Aman Exports International DCIT, Vs. G-93 Epip Sitapura, Industrial Area Circle

SHRI YOGENDRA KHANDELWAL,JAIPUR vs. ACIT, JAIPUR

In the result, ground no. 4

bogus commission. Further, the AO has invoked the provisions of section 40A(2)(b) of the Act. The onus is therefore clearly on the assessee to demonstrate through verifiable evidence that such expenditure has been incurred wholly and exclusively for his business purposes and secondly, the same is commensurate with the services so availed. In other words, the assessee

SUNIL KUMAR TIWARI,JAIPUR vs. ACIT, JAIPUR

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

Bench: The Hearing Of Appeal.

b) the value so adopted or assessed by the stamp valuation authority under sub-section (1) has not been disputed in any appeal or revision or no reference has been made before any other authority, court or the High Court, the Assessing Officer may refer the valuation of the capital asset to a Valuation Officer and where any such reference

AMIT BHANDARI,JAIPUR vs. ITO, JAIPUR

In the result, both the appeals of the assessee are partly allowed

2 of both the appeals is against sustaining the rejection of books of account U/s 145(3) of the Act and in ground No. 3 of both the appeals, the issue involved is against making the additions by ITA 350 & 351/JP/2015_ 4 Amit Bhandari Vs ITO invoking the provisions of Section 40A

BRIJ BIHARI AGRAWAL,JAIPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 , JAIPUR

section.\nAppellant prays reopening the assessment under the facts and\ncircumstances of the case and is not in accordance with law, thus\nconsequent order deserves to be quashed.\n2. On facts and circumstances of the matter the Id. CIT(A) has erred in\nconfirming the addition of Rs. 1,76,342/-made by Id.AO on the basis of\nan excel

ITO, KOTA vs. BABU LAL SOMANI, KOTA

section 40A(3) of the Act on account of payment in cash beyond the prescribed threshold, the additions so made by the AO are hereby confirmed. 30. Regarding other expenses namely excessive/ bogus expenses amounting to Rs 2,63,189, unrecorded marble and granite purchase of Rs 98,948, unrecorded purchases/labour and transportation charges of lime amounting

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, INCOME TAX OFFICE vs. SHRI SURESH KUMAR GUPTA, SRIGANGANAGAR

In the result the appeal of the revenue in ITA No

Section 263 of the Act were proper and legal and the Tribunal committed a serious error in reversing such decisions. Mr. Arif Ali, learned Advocate appearing for the appellant in ITAT No. 44 of 2020 (Assessee-Gupta Agarwal) submitted that the facts which have been set out in the memorandum of appeal, is wholly incorrect and does not pertain

DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT, CENTRAL CIRCLE-3 vs. M/S N. M. AGROFOOD PRODUCTS PVT. LTD., SRIGANGANAGAR

In the result the appeal of the revenue in ITA No

Section 263 of the Act were proper and legal and the Tribunal committed a serious error in reversing such decisions. Mr. Arif Ali, learned Advocate appearing for the appellant in ITAT No. 44 of 2020 (Assessee-Gupta Agarwal) submitted that the facts which have been set out in the memorandum of appeal, is wholly incorrect and does not pertain

GAYATRI DEVI,JAIPUR vs. PCIT(CENTRAL), JAIPUR

In the result, this appeal of the assessee is allowed

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

Bogus sales) - Assessment year 2015-16 - Assessee company filed its return of income for relevant year - Case was selected for limited scrutiny on ground of mismatch in sales turnover and suspicious sale transaction in shares - Assessment was completed under section 143(3) - Thereafter, Commissioner issued a show cause notice to assessee under section 263 proposing to revise assessment order passed