VAIBHAV GLOBAL LIMITED,JAIPUR vs. DCIT, CENTRAL CIRCLE-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)

natural justice. Hence, the order passed u/s 143(1), us illegal. Accordingly, passing of the order under Section 143(1), making the adjustment of Rs. 86,97,076, is a mistake apparent on record and deserves to be rectified. GROUND ADJUSTMENT FOR DISALLOWANCE

YOGESH GINNING MILL, PROP. YOGESH CHAND GUPTA,GOVINDGARH vs. ACIT, CIRCLE I, ALWAR

In the result, the appeals filed by the assessee are allowed

Bench: This Tribunal Which Were Passed By The Commissioner Of Income Tax (Appeal)- 4, Jaipur [ For Short Cit(A) ] Passed On Dates & F For The Assessment Years Mentioned As Tabulated Here In Below, In Turn Those Orders Were Arises Because The Assessee Has Yogesh Ginning Mill Vs. Acit

disallowance of Rs.1.24 crores, the addition was ultimately made to the tune of Rs.4.265 crores violating of the principle of natural justice

YOGESH GINNING MILL, PROP. YOGESH CHAND GUPTA,GOVINDGARH vs. ACIT, ALWAR

In the result, the appeals filed by the assessee are allowed

Bench: This Tribunal Which Were Passed By The Commissioner Of Income Tax (Appeal)- 4, Jaipur [ For Short Cit(A) ] Passed On Dates & F For The Assessment Years Mentioned As Tabulated Here In Below, In Turn Those Orders Were Arises Because The Assessee Has Yogesh Ginning Mill Vs. Acit

disallowance of Rs.1.24 crores, the addition was ultimately made to the tune of Rs.4.265 crores violating of the principle of natural justice

SUNIL CHABLANI,AJMER, RAJASTHAN vs. CIRCLE (INTL TAX), JAIPUR, JAIPUR, RAJASTHAN

justice, kindly be quashed.\n5.1. Rs. 69,90,000/- The Id. AO erred in law as well as on the facts of the case in\nconsidering the entire sale consideration as the Long Term Capital Gain (LTCG)\nin complete disregard to the other specific binding provisions of law contained u/s\n45 r.w.s. 48 of the Act. The addition

M/S. ALOKIK STEELS PVT. LTD VILLAGE POST-PATAN, TEHSIL-KISHANGARH, DISTRICT-AJMER,KISHANGARH vs. PRINCIPAL COMMISSIONER OF INCOME TAX-II, JAIPUR, JAIPUR

In the result, appeal of the assessee is partly allowed in light of aforesaid directions

natural justice. In the impugned order it was held that the undisclosed stock of Rs. 1,77,95,858/- was required to be taxed u/s 69A of the Act read with section 115BBE of the Act and the benefit of unabsorbed depreciation/loss were not to be given to the assessee appellant. In support, the reliance was placed on the Delhi

DWARKA GEMS LIMITED ,JAIPUR vs. ASST. COMMISSIONER OF INCOME TAX , JAIPUR

In the result, the appeal of the assessee is allowed

natural justice is offended. On the basis of such\nproceedings, no penalty could be imposed to the assessee.\ns)\nTaking up of penalty proceedings on one limb and finding the assessee\nguilty of another limb is bad in law.\nt)\nThe penalty proceedings are distinct from the assessment proceedings. The\nproceedings for imposition of penalty though emanate from proceedings

INCOME-TAX OFFICER, WARD-1(4), JAIPUR, JAIPUR vs. SHRI PRADEEP KUMAR DUSAD, JAIPUR

In the result the appeal of the assessee is allowed and that\nrevenue stands dismissed

natural justice.\n4. That in the facts and circumstances of the case and in law the learned\nCIT(A) has erred in confirming the action of the learned AO in\nconsidering the sale deeds found during search belonging to firm M/s\nEminent Build Developers in the hands of the assessee. Action in the\nhands of the assessee deserves

PRADEEP KUMAR DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE 2, JAIPUR

In the result the appeal of the assessee is allowed and that\nrevenue stands dismissed

natural justice.\n4. That in the facts and circumstances of the case and in law the learned\nCIT(A) has erred in confirming the action of the learned AO in\nconsidering the sale deeds found during search belonging to firm M/s\nEminent Build Developers in the hands of the assessee. Action in the\nhands of the assessee deserves

DCIT, CIRCLE -6, JAIPUR, NCRB, JAIPUR vs. ASCENT BUILDHOME DEVELOPERS LIMITED, ADARSH NAGAR, JAIPUR

In the result, the appeal of the revenue is dismissed

natural justice.\n2. The Ld. CIT(A) erred in admitting additional evidence without allowing the AO to\nverify the documents, especially considering the belated filing of ITR and audit\nreport, and the absence of evidence that the audit was conducted on or before\n30.09.2013.\n3. The Ld. CIT(A) unjustifiably deleted the addition of Rs.2,90,20,819 made

ARVIND KUMAR NEHRA,JAIPUR vs. ITO WARD 7(1), JAIPUR, JAIPUR

justice and against the\nlaw. This sec. 115BBE is charging of tax on a higher rate and it cannot be applied\ndirectly without giving any show cause notice when the issue are disputed that whether\nthe higher rate of tax applicable or not on the alleged income or the nature of income\nfalls u/s 68/69 and 115BBE. Hence

ASHOK NARIYANI,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, the appeal of the assessee is allowed

Natural Justice is also allowed\nin favour of the assessees.\n”\nT Takano Vs SEBI and Anr. In civil Appeal No.487-488 of 2022 vide\norder dated 18.02.2022 (DPB 446-495)\nEvidentiary value of Statements recorded during the course of survey:\n5.\nAs submitted above, assessee was subject to a survey u/s 133A of the Act,\nhowever, a perusal of order

SIYARAM EXPORTS INDIA PVT. LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

natural justice.\n\n2. In the facts and circumstances of the case and in law the ld. CIT(A) has erred in confirming\nthe action of the ld. AO in adding a sum of Rs. 96,25,200 as unexplained income on the\nalleged ground that the assessee company has suppressed the sale consideration

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)

disallowance of Rs. 101505 being pay,ent made to R. K. Jaiswal & Co and travelling expenses u/s 40A(3) without any reason or basis That the appellant craves the right to add, amend or delete or abandon the ground of appeal either before or at the time of hearing of appeal.” 3. Succinctly, the fact as culled out from

RSD CONTAINERS PRIVATE LIMITED,JAIPUR vs. ITO, WARD 7(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

natural justice and denies the assessee fair opportunity to put up his case. Non provision of information makes the assessment illegal. Assessee has been denied reasonable opportunity to put up his case. Further the assessment has been framed passing a non speaking order without considering the replies of the assessee. The assessment framed deserves to be annulled and declared null

KAILASH CHAND MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

disallowed. 4.7 A survey u/s. 133A of the Act was conducted at shop no 106-107 in the Balaji tower occupied by the assessee jointly with Shri Radhey Shyam Khandelwal and Shri Manoj Gupta. During that proceeding of survey Annexure – B Exhibit-4 page no. 1 to 59 were impounded. These papers were allotment letters of residential scheme of Rajhans

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

natural justice.\n2. In the facts and circumstances of the case and in law the ld. CIT(A) has erred in confirming\nthe action of the ld. AO in adding a sum of Rs. 96,25,200 as unexplained income on the\nalleged ground that the assessee company has suppressed the sale consideration by Rs.\n96,25,200. The action

MURLI DHAR UPADHYAY,JAIPUR vs. ITO WARD 6(3), JPR, JAIPUR

In the result, stands allowed

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

natural justice without granting to the assessee a fair, proper and reasonable opportunity including without issuing specific/proper SCN to the assessee. 4. Under the facts and circumstances of the case Ld. CIT(A) grossly erred in confirming the action of Ld. AO in disallowing

VENKATESHWARA WIRES PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: The Ld. Ao As Well As Before The Ld. Cit(A) As The Documents Submitted Was Only In Support Of Confirmations & Other Documents Already Submitted & No New Documents Were Submitted. 2. The Assessee Craves Your Indulgence To Add Amend Or Alter All Or Any Grounds Of Appeal Before Or At The Time Of Hearing.”

disallowing the claim of this amount u/s 80IA of the Act. 8.1 I have perused the assessment order and the submissions of the appellant on this issue. I do not find any justification for the said addition. The A.O has not given any proper reason why the explanation of the appellant that these amounts were on account of the shor