M/S. SILVEX & COMPANY INDIA LTD.,JAIPUR vs. ITO WARD-7(4), JAIPUR

In the result, the appeal of the assessee is allowed and cross appeal of the Revenue is dismissed

disallowance can be made under section 40A(3) – [Section 145, Read with section 40A(3), of the Income-Tax Act, 1961 – Method

SUBHASH PARETA,KOTA vs. ACIT, KOTA

In the result, the appeal of the assessee and the revenue are disposed off with above directions

section 145(3) of the Act, no further addition can be made in the hands of the assessee on account of various disallowances

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

INCOME TAX OFFICER, WARD-2, BEAWAR vs. SHRI MAN MOHAN MITTAL, BEAWAR

In the result, the cross objection so raised by the assessee is rejected

Section 145(3) of the I.T. Act on his own during appellate proceedings and allowing relief of Rs. 77,56,614/- to the assessee. In this regard, the ld. DR has submitted that the Assessing officer has made specific disallowances

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

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

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

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

section 145(3) without appreciating that assessee’s defect free audited book result cannot be assaulted light heartedly and in casual manner as done in extant case; 4. That on the facts and in the circumstances of the case and in law, Id CIT-A grossly erred in enhancing the income of appellant assessee

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DCIT, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

section 145(3) without appreciating that assessee’s defect free audited book result cannot be assaulted light heartedly and in casual manner as done in extant case; 4. That on the facts and in the circumstances of the case and in law, Id CIT-A grossly erred in enhancing the income of appellant assessee

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR vs. ZUBERI ENGINEERING COMPANY, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

section 145(3) without appreciating that assessee’s defect free audited book result cannot be assaulted light heartedly and in casual manner as done in extant case; 4. That on the facts and in the circumstances of the case and in law, Id CIT-A grossly erred in enhancing the income of appellant assessee

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

section 145(3) without appreciating that assessee’s defect free audited book result cannot be assaulted light heartedly and in casual manner as done in extant case; 4. That on the facts and in the circumstances of the case and in law, Id CIT-A grossly erred in enhancing the income of appellant assessee

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

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