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

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

In the result, the appeal of the assessee is allowed

69D, at the rate of thirty per cent, and (b) The amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause(a) (2) Notwithstanding anything contained in this Act, no deduction in respect of any expenditure or allowance shall be allowed

SH. SANJAY BAIRATHI ,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

In the result, grounds taken by Revenue are dismissed

disallowed the claim of loss due to decrease in the market price of the gold bullion 3 ITA N0. 1343/JP/2018 Shri Sanjay Bairathi, Jaipur. on the ground that the said bullion found at the time of search is not stock-in-trade of the assessee and further as per provisions of section 115BBE(1)(a), no claim of deduction

SHIV VEGPRO PRIVATE LIMITED ,KOTA vs. PCIT-UDAIPUR , UDAIPUR

In the result, the appeal filed by the assessee is allowed

disallowance u/s 36(1)(iii) of\nthe Act had been made by the AO, while completing the assessment on\n15/04/2021, the income has been found to be under computed/assessed\nby this amount of Rs.21,732/-, which was erroneous and prejudicial to\nthe interest of Revenue.\"\n4.3.3 Our Submissions:\nAs evident from the impugned part of the Ld. CIT that that

RIDHIRAJ BUILDERS,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6, NCRB, JAIPUR

In the result, the appeal of the assessee is allowed for statistical purposes

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

disallowed the same while passing the Assessment order. Thus, such loss ought to have been set off against the surrendered income in accordance with the provisions of section 71 & 72 of the Act. The provisions of section 115BBE as they stood during the year under consideration also did not bar such set off. The provisions of section 115BBE read

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

In the result the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

69D reflected in the return furnished u/s 139 of the income tax act NOR AO determined includes any income referred in the above mentioned sections so our humble submission is that AO imposed normal tax slab because there is no ingredients of section 115BBE of the Income Tax Act. In our computation of total income Rs 40 lacs income showed

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

SILVER WINGS LIFE SPACES,KOTA vs. DCIT CIRCLE-1 KOTA, KOTA

In the result, the appeal of the assessee is allowed

Bench: Learned Cit(A), Which Appeal Was Filed By The Assessee

disallowances of claims, if any, relating to its business income. 9. In view of this, since the aforesaid surrender is not covered under the provisions of Section 68, 69, 69A, 69B, 69C and 69D

GURJANT SINGH,JAIPUR vs. PCIT-2, JAIPUR

In the result, the appeal of the assessee is allowed

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

disallowed. 4 Shri Gurjant Singh vs. PCIT 4. On culmination of proceedings, the ld. PCIT called for the assessment recorded upon examination ld. PCIT noted that an addition of Rs. 16,61,53,771/- was made under section 68 of the IT Act on account of unexplained sundry creditors. The FAO has initiated penalty under section 270A

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

In the result, the appeal of the assessee is allowed

disallowances, the assessee would be given a fair opportunity to explain his\nposition on the proposed additions/disallowances in accordance with the principle of\nnatural justice. In this regard, the Assessing Officer shall issue an appropriate show\ncause notice duly indicating the reasons for the proposed additions/disallowances\nalong with necessary evidences/reasons forming the basis of the same. Before\npassing the final

ACIT, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. CHANDRA MOHAN BADAYA, JAIPUR

In the result the four appeals filed by the assessee stands

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

disallowable u/s 69C of the Act. The identity, genuineness and creditworthiness are not proved by the borrower appellant. In this regard reference is made to section 68 of the Act. The appellant has not even furnished the complete address and PAN numbers of these parties from whom the loan has been borrowed. Merely because in the present appeal the loan

CHANDRA MOHAN BADAYA,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result the four appeals filed by the assessee stands

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

disallowable u/s 69C of the Act. The identity, genuineness and creditworthiness are not proved by the borrower appellant. In this regard reference is made to section 68 of the Act. The appellant has not even furnished the complete address and PAN numbers of these parties from whom the loan has been borrowed. Merely because in the present appeal the loan

ACIT, CC-2, JAIPUR, INCOME TAX DEPARTMENT vs. CHANDRA MOHAN BADAYA, JAIPUR

In the result the four appeals filed by the assessee stands

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

disallowable u/s 69C of the Act. The identity, genuineness and creditworthiness are not proved by the borrower appellant. In this regard reference is made to section 68 of the Act. The appellant has not even furnished the complete address and PAN numbers of these parties from whom the loan has been borrowed. Merely because in the present appeal the loan

ACIT, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. CHANDRA MOHAN BADAYA, JAIPUR

In the result the four appeals filed by the assessee stands

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

disallowable u/s 69C of the Act. The identity, genuineness and creditworthiness are not proved by the borrower appellant. In this regard reference is made to section 68 of the Act. The appellant has not even furnished the complete address and PAN numbers of these parties from whom the loan has been borrowed. Merely because in the present appeal the loan

ACIT, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. CHANDRA MOHAN BADAYA, JAIPUR

In the result the four appeals filed by the assessee stands

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

disallowable u/s 69C of the Act. The identity, genuineness and creditworthiness are not proved by the borrower appellant. In this regard reference is made to section 68 of the Act. The appellant has not even furnished the complete address and PAN numbers of these parties from whom the loan has been borrowed. Merely because in the present appeal the loan

JAGDISH KUMAR ARORA,BHAWANIMANDI vs. DCIT, CENTRAL CIRCLE- KOTA, KOTA

In the result, the appeal of the assessee is allowed

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

disallowances of claims, if any, relating to its business income. 9. In view of this, since the aforesaid surrender is not covered under the provisions of Section 68, 69, 69A, 69B, 69C and 69D

SHRI AMBICA GARMENTS, JODHPUR,JODHPUR vs. ACIT, CENTAL CIRCLE-3, JAIPUR, JODHPUR

In the result, all appeals of the assessee are disposed off in terms of

disallowance provisions. Further as far as incomes under the other heads of income is concerned or in other words as far as incomes other than the income under the head of 'Income from Business and Profession' is concerned, the same is not determined while calculating the business income after the rejection of the books of accounts. (9) AS PER SCHEME