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)

section 145(3) while disposing the ground of the assessee The Benches of the Tribunal are also taking a consistent view that where certain purchases remained unverifiable then the addition should be made on the basis of past history and taking into consideration the current events of the case. Taking into consideration the application of GP rate, the Tribunal

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

M/S AMRAPALI EXPORTS,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, the ground No

bogus concern which was operated by Shri Rajendra Jain without any physical deliveries and such purchases amounting to Rs 7,54,587/- were treated as non genuine and 25% of such purchases were brought to tax as unexplained expenditure besides addition of Rs. 15,092/-, being 2% of Rs. 7,54,587/- on account of alleged commission paid for obtaining

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

bogus purchases and freight payments made in relation thereto should have been disallowed or the assessee should have been held to be eligible for grant of deduction of a reasonable amount of purchase price of the oil cakes in question in view of the fact that receipts of the materials in question by the assessee were supported by various registers

LUNAWAT GEMS CORPORATION,JAIPUR vs. DY. CIT, CIRCLE-2, JAIPUR , JAIPUR

29. In view of the above discussion, the appeal filed by the assessee deserves to be dismissed

Bench: this Tribunal by way of ITSSA No. 13 & 14/JP/2003. The assessee filed cross-objections i.e. CO No. 20/JP/2003 and CO No. 21/JP/2003. Hon'ble ITAT Tribunal upheld the decision given by Learned CIT(A) regarding deletion of above said two additions. That is how, the Department felt dis-satisfied, and as such preferred D.B. Income Tax Appeal No. 195/2004 before the Hon'ble High Court. 7. Hon'ble High Court, vide order dated 02.11.2016, disposed of the

bogus purchases and freight payments made in relation thereto should have been disallowed or the assessee should have been held to be eligible for grant of deduction of a reasonable amount of purchase price of the oil cakes in question in view of the fact that receipts of the materials in question by the assessee were supported by various registers

SH. TARACHAND GUPTA,ALWAR vs. ACIT, CENTRAL CIRCLE, ALWAR, ALWAR

In the result the appeal filed by the revenue in ITA no

40A(3) of cash payment without\nappreciating the fact that the assessee has failed to establish the fact\nthat these transactions were covered under clause(g) of rule 6DD of the\nIncome Tax Act.\n4 The appellant craves leave to add, amend or withdraw any of the\nground of appeal during the course of appellant proceeding.”\nFirst, we take

VISION JEWELLERS,JAIPUR vs. DCIT, CIRCLE-1, JAIPUR, JAIPUR

In the result the appeal of the assessee is allowed

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

3), however, on purchases made trading addition of Rs. 4,39,437, being 25% of alleged unverified purchases [Compilation Page 1-8]. Ld. AO could not prove to the hilt; the fact of income being concealed by the assessee firmby way of such alleged unverifiable purchases. 1.5. All the requisite evidences, as referred to in Para 1.2 above, for substantiating

MOTHERS EDUCATION HUB,JAIPUR vs. ACIT, CIRCLE-1, JAIPUR, JAIPUR

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

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

bogus or ingenuine, then the disallowance of the expenditure under s. 40A(2)(b) is not warranted in the absence of a definite finding that the payment made by the assessee is excessive or unreasonable in comparison to the fair market rent. In the case of MotilalLaxmichandSanghavi vs. Asstt. CIT (supra) the Mumbai Benches of the Tribunal has considered

PRIYANKA SURANA,JAIPUR vs. ITO WARD 5(1), JAIPUR, JAIPUR

In the result, the appeal of the assesee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

bogus except allegation, otherwise he could have rejected the books of accounts or made the addition on that account. The ld. AO nowhere stated that what inquiry has been made or what evidences in his hands for the allegations made. The ld. AO invoked, provisions of section 68 of the I T Act, 1961 In this regard it is submitted

SH. TARACHAND GUPTA,ALWAR vs. ACIT, CENTRAL CIRCLE, ALWAR, ALWAR

In the result the appeal filed by the revenue in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम Vs. ACIT, Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Ke

40A(3) of cash payment without appreciating the fact that the assessee has failed to establish the fact that these transactions were covered under clause(g) of rule 6DD of the Income Tax Act. 4 The appellant craves leave to add, amend or withdraw any of the ground of appeal during the course of appellant proceeding.” First, we take

ACIT, CENTRAL CIRCLE, ALWAR vs. SH. TARA CHAND GUPTA, ALWAR

In the result the appeal filed by the revenue in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम ACIT, Vs. Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Kesh

40A(3) of cash payment without appreciating the fact that the assessee has failed to establish the fact that these transactions were covered under clause(g) of rule 6DD of the Income Tax Act. 4 The appellant craves leave to add, amend or withdraw any of the ground of appeal during the course of appellant proceeding.” First, we take

SH. TARACHAND GUPTA,ALWAR vs. ACIT, CENTRAL CIRCLE, ALWAR, ALWAR

In the result the appeal filed by the revenue in ITA no

40A(3) of cash payment without\nappreciating the fact that the assessee has failed to establish the fact\nthat these transactions were covered under clause(g) of rule 6DD of the\nIncome Tax Act.\n4 The appellant craves leave to add, amend or withdraw any of the\nground of appeal during the course of appellant proceeding.”\nFirst, we take

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

RUKMANI JEWELLERS PRIVATE LIMITED,JAIPUR vs. DCIT CIR.-4 JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

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

40A(3) of the Act applies to buyer and not the seller. There being no restriction under the Act to accept cash against sales, the assessee Company cannot be penalized. (g) Hon'ble supreme court in the case of CIT v. P. Mohan Kala 291 ITR 278 (SC) has clearly explain that the primary condition for invocation of section

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

DALAS BIOTECH LIMITED,BHIWADI vs. THE ASSISTANT COMMISSIONER OF INCOME-TAX, ALWAR

In the result, the appeal of the assessee is allowed with no orders as to cost

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

bogus. 11 M/S. DALAS BIOTECH LTD VS ACIT, ALWAR Yet, the Tribunal has found, there is no material or evidence on record to establish that the creditors were shell companies. The observation made by the Assessing Officer in that regard is described as unfounded. Besides the above, the Tribunal has taken note of the loan confirmation, Certificate of Incorporation

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

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)

bogus expenses in the shape of sales incentive to related parties to avoid tax liability. 3.3.3 Assessee's contention that incentive was paid to same parties in earlier year but no disallowance was made under section 143(3). In this regard, it is seen incentive was paid in those years at highest rates of Rs. 60 per unit which

PRADEEP GARG, AJMER,AJMER vs. ITO 2(1) AJMER , AJMER

purchased and sold certain lands which were not found declared in the\nfiled return of income. Further, after getting approval from appropriate\nauthority, the case of assessee for A.Y. 2010-11 was reopened u/s.147 of\nI.T. Act and assessment in this case was completed u/s 143(3)/147 of I.T.\nAct on 28-01-2016 determining total income of Rs.21