M/S SILVEX & CO. (INDIA) LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeals are partly allowed

disallowances so made deserves to be deleted.” 901/JP/2018 submission “Ground of Appeal No. 1 to 2: In ground of appeal No.1, assessee has challenged the action of ld. CIT(A) in confirming the action of ld.AO in rejecting the books of accounts by invoking the provisions of section 145(3

M/S SILVEX & CO. (INDIA) LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeals are partly allowed

disallowances so made deserves to be deleted.” 901/JP/2018 submission “Ground of Appeal No. 1 to 2: In ground of appeal No.1, assessee has challenged the action of ld. CIT(A) in confirming the action of ld.AO in rejecting the books of accounts by invoking the provisions of section 145(3

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

Section 145(3) unless no material record has been brought on record to hold that book results are not reliable. Also it was held that the AO cannot made an addition on ill-founded assumption and presumption and without understanding and appreciating the books of accounts. So in the appellant case the AO has only made assumption and no defect

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

Section 145(3) unless no material record has been brought on record to hold that book results are not reliable. Also it was held that the AO cannot made an addition on ill-founded assumption and presumption and without understanding and appreciating the books of accounts. So in the appellant case the AO has only made assumption and no defect

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

section 145(3) of Act,\nbut at stage “SALES AS PER BOOKS” cannot be considered as\n\"UNEXPLAINED MONEY CREDT U/SEC. 69A & THUS PROVISION OF\nSECTION 115BBE CANNOT BE INVOKED”.\nNo further disallowance

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 145 of the Act. Thus the disallowance so made by ld. AO and thereafter sustained by ld. CIT(A) is contrary to settled principles of law, and order so passed deserved to be quashed and subsequent disallowance so made deserves to be allowed. 3

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

In the result, based on the discussion so recorded here in above both

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

145(3) of the Act. In the year 2013-14 the ITAT directed to apply the GP after determination of Average GP of last 5 years in the light of the ratio of Hon’ble Rajasthan High Court that the best guide in case of fair estimation is past history of the assessee. Based on these finding

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

In the result, based on the discussion so recorded here in above both

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

145(3) of the Act. In the year 2013-14 the ITAT directed to apply the GP after determination of Average GP of last 5 years in the light of the ratio of Hon’ble Rajasthan High Court that the best guide in case of fair estimation is past history of the assessee. Based on these finding

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

In the result, based on the discussion so recorded here in above both

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

145(3) of the Act. In the year 2013-14 the ITAT directed to apply the GP after determination of Average GP of last 5 years in the light of the ratio of Hon’ble Rajasthan High Court that the best guide in case of fair estimation is past history of the assessee. Based on these finding

DCIT, CC-2, JAIPUR vs. SHRI JITENDRA KUMAR AGARWAL, JAIPUR

In the result, based on the discussion so recorded here in above both

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

145(3) of the Act. In the year 2013-14 the ITAT directed to apply the GP after determination of Average GP of last 5 years in the light of the ratio of Hon’ble Rajasthan High Court that the best guide in case of fair estimation is past history of the assessee. Based on these finding

DCIT, CC-2, JAIPUR vs. SHRI JITENDRA KUMAR AGARWAL, JAIPUR

In the result, based on the discussion so recorded here in above both

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

145(3) of the Act. In the year 2013-14 the ITAT directed to apply the GP after determination of Average GP of last 5 years in the light of the ratio of Hon’ble Rajasthan High Court that the best guide in case of fair estimation is past history of the assessee. Based on these finding

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

In the result, based on the discussion so recorded here in above both

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

145(3) of the Act. In the year 2013-14 the ITAT directed to apply the GP after determination of Average GP of last 5 years in the light of the ratio of Hon’ble Rajasthan High Court that the best guide in case of fair estimation is past history of the assessee. Based on these finding

DCIT, CC-2, JAIPUR vs. SHRI JITENDRA KUMAR AGARWAL, JAIPUR

In the result, based on the discussion so recorded here in above both

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

145(3) of the Act. In the year 2013-14 the ITAT directed to apply the GP after determination of Average GP of last 5 years in the light of the ratio of Hon’ble Rajasthan High Court that the best guide in case of fair estimation is past history of the assessee. Based on these finding

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

In the result, based on the discussion so recorded here in above both

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

145(3) of the Act. In the year 2013-14 the ITAT directed to apply the GP after determination of Average GP of last 5 years in the light of the ratio of Hon’ble Rajasthan High Court that the best guide in case of fair estimation is past history of the assessee. Based on these finding

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

In the result, based on the discussion so recorded here in above both

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

145(3) of the Act. In the year 2013-14 the ITAT directed to apply the GP after determination of Average GP of last 5 years in the light of the ratio of Hon’ble Rajasthan High Court that the best guide in case of fair estimation is past history of the assessee. Based on these finding

S R AGRO TECH,BEHROR vs. ITO, WARD, BEHROR

In the result, the appeal of the assessee is allowed

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

section 145(3) is invoked and a lump sum trading addition of Rs. 5,00,000/- is made to the total income of the assessee taking in to account all possible leakage on trading front. Accordingly, trading addition of Rs. 5,00,000/- is made to the total income of the assessee on estimate bases for the year under consideration

M/S SILVEX & CO.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeal of the assessee is allowed

disallowance to cover up hidden profits in these purchases. Before us, the AR submitted that the trading results declared were accepted and provisions of section 145(3

M/S SHRI SIDDHI VINAYAK INDUCTION P. LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result ITA NO. 01/JPR/2021 for A

disallowance of Rs.27,411/-deserves to be deleted in toto. 5. On the facts and in the circumstances of the case and in law, ld. CIT (A) has grossly erred in confirming the action of ld. AO in invoking provisions of section 145(3