SUWALKA AND SUWALKA PROPERTIES AND BUILDERS PVT LTD,KOTA, RAJASTHAN vs. ACIT, CENTRAL CIRLCE, KOTA, KOTA, RAJASTHAN

Bench: Him Challenging The 2 Suwalka & Suwalka Properties & Builders Pvt. Ltd. Vs. Acit Assessment Order Dated 22.12.2019 Passed U/S.143(3)Of The Income Tax

69A of Income Tax Act, 1961 then the jurisdiction of CIT (A) in limited to deciding the matter whether the addition u/s 69A is correct or not. In the appellate proceeding the addition cannot be confirmed by applying all together different section by invoking a section for which satisfaction is required to be by “Assessing Officer” and the assessing officer

ALKA KHANDAKA,JAIPUR vs. INCOME TAX OFFICER WARD 1(2), JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

bogus purchases, and non- existing cash balance in the books of account. The AO did not even reject the books of accounts of the appellant under the provision of section 145(3) of the Act. Therefore, the contention of the revenue on the facts and circumstance of the case is not accepted - Appeal of the revenue is dismissed. 18 Alka

SH. TAIYAB KHAN,JAIPUR vs. THE ASSTT. COMMISSIONER OF INCOME TAX, ALWAR

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

69A become applicable as both the provisions come into play only if cash found is unexplained. 1.2. That, Id.CIT(A) has further erred in invoking provisions of section 115BBE of the Income Tax Act in respect of enhancement made to income u/s 68/69A. 1.3. That, Id. CIT(A) further erred in enhancing assessment by Rs.62,39,963/- without considering

DCIT, CC-2,, JAIPUR vs. SHRI NATH CORPORATION , JAIPUR

In the result, appeal of the assessee and that of the revenue stands

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

69A, 69B, 69C or 69D), its taxability cannot be determined in terms of section 115BBE. Under the circumstances, the appellant prays your honour to direct the ld. AO to tax the additions, if any sustained by your honour at the normal tax rates without invocation of the provisions of section 115BBE.” 5.1 The ld. AR of the assessee heavily relied

M/S. SHRI NATH CORPORATION,JAIPUR vs. DCIT, C.C.-2, JAIPUR

In the result, appeal of the assessee and that of the revenue stands

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

69A, 69B, 69C or 69D), its taxability cannot be determined in terms of section 115BBE. Under the circumstances, the appellant prays your honour to direct the ld. AO to tax the additions, if any sustained by your honour at the normal tax rates without invocation of the provisions of section 115BBE.” 5.1 The ld. AR of the assessee heavily relied

SHRI JITENDRA KUMAR AGARWAL,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, appeal of the assessee is dismissed and that of the revenue is also stands dismissed

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

section (1).” It is evident from the plain reading of heading of section 115BBE itself that the provisions of this section are applicable only to incomes referred to in section 68, Shri Jitendra Kumar Agarwal vs. DCIT 69, 69A, 69B,69C or 69D, and as submitted supra, the additions made by the ld.AO are on account of alleged undisclosed income

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

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

section (1).” It is evident from the plain reading of heading of section 115BBE itself that the provisions of this section are applicable only to incomes referred to in section 68, Shri Jitendra Kumar Agarwal vs. DCIT 69, 69A, 69B,69C or 69D, and as submitted supra, the additions made by the ld.AO are on account of alleged undisclosed income

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

purchases made against these sales nor rejected appellant's books of accounts. 4.2.1 Section 69A stipulates that, Where in any financial year the assessee is found to be the owner of any money, bullion jewellery or other valuable article and such money, bullion, jewellery or valuable article is not recorded in the books of account, if any, maintained

DINESSH KUMAR SHARMA,JAIPUR vs. ITO, WARD4(2), JAIPUR

In the result, appeal of the assessee is allowed

bogus LTCG of Rs.15,95,000/-which has not\nbeen found genuine and verifiable from Income Tax Return on prima facie verification. The last\nsentence records that as per this information, \"reasons to believe' are formed, approval taken\nunder section 151 and notice issued under section 148 of the Act.\n\nii) The aforesaid reasons do not satisfy the requirements

ACIT CENTRAL CIRCLE-1 , JAIPUR vs. MAHENDRA KUMAR AGARWAL, JAIPUR

In the result, appeal of the revenue is dismissed

69A, section 69B, section 69C or section 69D, at the rate of 30% (plus surcharge and cess as applicable). It is also proposed to provide that no deduction in respect of any expenditure or allowance shall be allowed to the assessee under any provision of the Act in computing deemed income under the said sections. This amendment will take effect

ABHISHEK KHANDELWAL,AJMER vs. ITO WD-2(2), AJMER

bogus sales or\notherwise to deposit his undisclosed cash in the bank account during the\ndemonetization period.\n3.6 Section 145(3) empowers the AO to reject books of accounts u/s 145(3)\nunder ANY of the following circumstances -\n(a) Where he is not satisfied about the correctness or completeness of the accounts; OR\n(b) Where method of accounting

MAHENDRA KUMAR SHARMA,CHURU vs. PCIT (CENTRAL), JAIPUR

In the result the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 115BBE of the Income Tax Act. In our computation of total income Rs 40 lacs income showed as income declared in survey.(PB-5) During the course of Assessment proceedings, the Ld. AO was satisfied that looking into the facts and circumstances of the case and provision of the sec. 69A of the act are not applicable

MOHAN LAL ASHOK KUMAR SARAF,JAIPUR vs. DCIT CEN CIR 1, JAIPUR

In the result, the appeal of the assessee is allowed as indicated hereinabove

bogus only to give colour to non- genuine transaction as genuine transaction when all the transactions have been substantiated with purchase and sale register as well as stock register. 6. Because the L.d. CIT(A) has not accepted the contention of the appellant that it had changed its sales strategy in the later part of the FY 2015-16 whereby

MAHESH KUMAR GUPTA,JAIPUR vs. ACIT ,CIRCLE-4, JAIPUR

In the result, appeal of the assessee is allowed

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

purchases, and non-existing cash balance in the books of account. The AO did not even reject the books of accounts of the appellant under the provision of section 145(3) of the Act. Therefore, the contention of the revenue on the facts and circumstances of the case is not accepted and we see no reason to interfere

INCOME TAX OFFICER, JAIPUR vs. MOTISONS JEWELLERS LTDL, JAIPUR

purchases are not supported by the quantity details. The ld. AO did not make any enquiry on the material submitted by the assessee. He merely proceeded on statistical analysis and also irrelevant or/and wrong findings to make the addition on account of cash deposits. He neither found any concrete and conclusive evidence of back dating of the entries of sale

SHRI BABU LAL DATA,ALWAR vs. DCIT, CENTRAL CIRCLE, ALWAR

In the result, appeal of the revenue is dismissed

bogus and just an afterthought. Thus, the revenue and assessee has challenged that order of the Ld. CIT(A) and thus these cross appeals are filed before us by the revenue and the assessee. 13. First, we take up the appeal of the revenue in ITA No. 1231/JPR/2019 for assessment year 2015-16 where the solitary ground taken

ACIT, CENTRAL CIRCLE, ALWAR vs. SHRI BABU LAL DATA, 2015-16

In the result, appeal of the revenue is dismissed

bogus and just an afterthought. Thus, the revenue and assessee has challenged that order of the Ld. CIT(A) and thus these cross appeals are filed before us by the revenue and the assessee. 13. First, we take up the appeal of the revenue in ITA No. 1231/JPR/2019 for assessment year 2015-16 where the solitary ground taken

SHRI BABU LAL DATA,ALWAR vs. DCIT, CENTRAL CIRCLE, ALWAR

In the result, appeal of the revenue is dismissed

bogus and just an afterthought. Thus, the revenue and assessee has challenged that order of the Ld. CIT(A) and thus these cross appeals are filed before us by the revenue and the assessee. 13. First, we take up the appeal of the revenue in ITA No. 1231/JPR/2019 for assessment year 2015-16 where the solitary ground taken

ACIT, CENTRAL CIRCLE, ALWAR vs. SHRI BABU LAL DATA, 2015-16

In the result, appeal of the revenue is dismissed

bogus and just an afterthought. Thus, the revenue and assessee has challenged that order of the Ld. CIT(A) and thus these cross appeals are filed before us by the revenue and the assessee. 13. First, we take up the appeal of the revenue in ITA No. 1231/JPR/2019 for assessment year 2015-16 where the solitary ground taken