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 u/s 40A(3) of Rs. 101505/-. That after receipt of notice the assessee filled its return and also seeked copy of reasons recorded along with copy of approval of competent authority and copy of all the documents, reports and statements etc relied upon to form the reason to believe. That apart from the copy of reasons recorded, no other

PRAKASH CHAND VARINDANI,JAIPUR vs. ACIT CERTAL CIRLCE-3, JAIPUR

In the result, the appeal of the assessee is allowed

131 of the IT Act\non 26.02.2018, he again committed that he would be submitting the same\non or before 09.03.2018 but failed to do.\nDuring the survey proceedings, physical cash of Rs.21 500/- was\nfound whereas the cash balance as per cash book was Rs.7,51,461/- but\nthe assessee has not explained the reason of difference. The signature

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

131 of the act directly to such creditors to verify the same. F. Thus, the addition of Rs. 3,60,000 u/s 68is bad in law and liable to be set aside. 4) Ground No. 4 The Learned CIT(A) has erred in law and on facts in upholding the Order of AO in which AO had made addition

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

131 of the act directly to such creditors to verify the same. F. Thus, the addition of Rs. 3,60,000 u/s 68is bad in law and liable to be set aside. 4) Ground No. 4 The Learned CIT(A) has erred in law and on facts in upholding the Order of AO in which AO had made addition

GIRNAR SOFTWARE PRIVATE LIMITED,6TH FLOOR, JAIPUR TEXTILE MARKET, B-2, NEAR MODEL TOWN, MALVIYA NAGAR, JAIPUR vs. PCIT – 2, JAIPUR, NEW CENTRAL REVENUE BUILDING

In the result, the appeal of the assessee is allowed

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

3) Notwithstanding anything contained in sub-section (2), an order in revision under this section may be passed at any time in the case of an order which has been passed in consequence of, or to give effect to, any finding or direction contained in an order of the Appellate Tribunal, the High Court or the Supreme Court. Explanation

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA vs. NISHA JAIN, KOTA

In the result, the appeal of the Revenue is dismissed with no orders as to cost

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

section 131 was inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 01.10.1975. Therefore, when survey has been carried out u/s 133(A), there is pendency of proceedings and hence the AO can record statement on oath u/s 131(1) r.w.s 133A(3)(iii) in as much as such statement may be useful for or relevant to the survey proceedings

M/S KANAK VRINDAVAN RESORTS LIMITED,JAIPUR vs. INCOME TAX OFFICER, WARD 6(2), JAIPUR

In the result, the appeal of the assessee is allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

section 37(1) but failed to produce relevant evidence to justify said expenditure, Assessing Officer was justified in making adhoc disallowance of same. 5.1.15 The Hon'ble Delhi High Court in the case of Sandeep Marwah [2019] 101 taxmann.com 123 (Delhi)/[2019] 260 Taxman 231 has held as under: Where assessee claimed deduction in respect of business promotion expenses

PROFESSIONAL AUTOMOTIVES PRIVATE LIMITED,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील /ITA Nos.809 to 815/JP/2025 निर्धारण वर्ष /Assessment Years :2013-14 to 2019-20 Professional Automotives Pvt. बनाम ACIT, Ltd. Bahu Plaza, Bahu Plaza, Jammu Vs. Central Circle- 1, and Kashmir Jaipur स्थायी लेखा सं./जी.आई.आर. सं./PAN/GIR No.:AAACP9608E अपीलार्थी/Appellant प्र]त्यर्थी/Respondent निर्धारिती की ओर से / Assessee by :Shri Tarun Mittal, CA राजस्व की ओर से /Revenue by: Shri Ajey Malik, CIT (Th. V.C)

131 of the 1961 Act, or a notice under sub-section (4) of section 22 of the Indian Income-tax Act, 1922 (11 of 1922), or under sub-section (1) of section 142 of 1961 Act was issued to produce, or cause to be produced, any books of account or other documents has omitted or failed to produce, or cause

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

In the result, the appeals of the assessee in ITA no

disallowance of benefit of\nsection 11 of the Income Tax Act questions all receipts of the assessee\nassociation and addition is made on net surplus amount after allowing the\nexpenditure allowable. Hence, the receipts as per 26AS and services as per\nservice tax return were considered while making addition.\nThe case of the association has to be viewed from

OM INFRA LIMITED,JAIPUR RAJASTHAN vs. DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR, RAJASTHAN

In the result, we find no substantial question of law being involved in this appeal

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

disallowing the deduction is a matter of discussion and legal matter which cannot be rectified in order u/s 154. Thus it is debatable issue hence cannot be covered u/s 154 of I.T. Act, 1961. Section 154, scope of.-Section 154 confers jurisdiction on the Assessing Officer carry out rectification in respect of apparent mistakes which are self-evident from

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

In the result, the appeal of the revenue is dismissed

Section 131 was essential to reveal the truth and conduct a\nfair assessment.\nThe lack of personal presence and failure to provide corroborative evidence\njustified the AO's adverse inference and disallowance of expenses under scrutiny.\n5. Clarification on Agricultural Activity\nIn response to the Patwari's report stating no agricultural activity, the appellant\nclarified that they never claimed

OCEAN EXIM INDIA PRIVATE LTD,JAIPUR vs. ITO WARD 1(2), JAIPUR

In the result, the appeal of the assessee is dismissed

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

131 2. CIT vs. Jaipur Vidyut Vitran Nigam Ltd. 363 ITR 307 16 Ocean Exim India Pvt. Ltd. vs. ITO 3. CIT vs. Udaipur Dugdh Utpadak Sahakari Sangh Ltd. 366 ITR 163 4. Principal commission of Income –Tax v/s Rajasthan State Seed Corporation Ltd. [2016] 386 ITR 267 (Raj.) 5. Income Tax vs. M/s State Bank of Bikaner and Jaipur

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

disallowance of benefit of\nsection 11 of the Income Tax Act questions all receipts of the assessee\nassociation and addition is made on net surplus amount after allowing the\nexpenditure allowable. Hence, the receipts as per 26AS and services as per\nservice tax return were considered while making addition.\n\nThe case of the association has to be viewed from

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 131 to those parties. If the transactions are genuine and if the parties have migrated somewhere else, their latest address should have been supplied and the burden is on the assessee to prove the genuineness of the transaction, when the assessee claimed that the purchases are genuine." 5.8 Further in the case of Commissioner of Income Tax, Jaipur

RAJESH PRODUCTS,TONK ,RAJASTHAN vs. ACIT, JAIPUR

131\ndated 10.12.2015, Shri Ashok Kumar Jain clearly stated that the books of\naccounts of the assessee firm updated till 09.12.2015. While replying that\nhe did not mention any pending bills to be entered into the books of\naccounts.\n(ii) Valuation of the stock was admitted while replying to question\nno.11 of the statement recorded

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

disallowance of Rs. 13,07,007/- was deleted. b) The ld CIT(A) rejected the books of account by invoking section 145(3) of I.Tax Act by holding that assessee failed to furnish credible evidence in support of the source of cash deposited during the demonetization, hence the books of account of assessee are not reliable. (Page 38 of order

BALAJI JEWELLERS ,JAIPUR vs. ACIT CC -4, JAIPUR

In the result, the appeal of the assessee is allowed

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

Section 145(3) then only Fair Income may be estimated which should be based on past results if available, in this matter assesse has a long past history which are undisputable therefore in view of past history estimated profit should be calculated by applying a suitable Net Profit Ratio. Many landmark judgements are supporting this contention as follows

SHRI MADHO LAL SAINI,JAIPUR vs. ITO, WARD-2(3), JAIPUR

In the result, the appeals of the assessees are allowed

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

disallowance and deleting the said addition of Rs.63,95,407. 4. In the facts and circumstances of the case and in law the ld. CIT(A) has erred in confirming the action of Id. AO of making addition of Rs. 4,24,14,300 u/s 69. The action of the ld. CIT (A) is illegal, unjustified and arbitrary and against

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. NARESH KUMAR GUPTA, SRIGANGANAGAR

In the results the appeal of the revenue stands dismissed and the

Bench: Him The Order Passed Under Section 143(3) Of The Income Tax Act, [ For Short “Act” ] By The Acit, Circle, Sri Ganganagar [

disallowance out of interest expenses of Rs. 24,42,040/- u/s 36(1)(iii) of the Act. 2. The assessee carves right to add, alter, amend, and modify any of the ground of appeal. 3. Necessary cost be awarded to the assessee.” 4. Since the dispute involved in the Revenue’s appeal and cross objection of the assessee relate