RUPESH TAMBI,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

In the result, the appeal of the assessee is Partly allowed

undisclosed income within meaning of section 271AAB of the IT\nAct, 1961.\n2.\nThat without prejudice to the ground No. (1) above the Id. CIT(A) is wrong,\nunjust and has erred in law in confirming finding recorded by the Id. AO that\nappellant has allegedly not been able to substantiate manner in which additional\nincome of Rs.74

ACIT, NCRB BUILDING JAIPUR vs. MAHIMA REAL ESTATE PVT LTD, JAIPUR

In the result, the appeal of the revenue as well as cross objection of the

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

undisclosed income which included Rs. 10 crores as the income of the current AY. However, the assessee company has claimed certain expenses against this income also with the result that the return income has been shown to be Rs. 19,58,84,970/- which is less than Rs. 19.95 crores. Therefore, an adhoc disallowance

M/S SARAF EXPORT PALACE,CHURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE, JHUNJHUNU

Appeal is allowed

undisclosed income attracting penalty under s.271AAB” 2.3Arun Kala vs. DCIT (2019) 33 NYPTTJ 756 (JP), held as under: “Penalty under s. 271AAB—Validity—Notice issued without application of mind— Caption of notice not mentioning correct section for levy of penalty, default for which show-cause notice was issued not specified but the pre-typed notice 13 Smt. Priyanka Agarwal

SMT. PRIYANKA AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

Appeal is allowed

undisclosed income attracting penalty under s.271AAB” 2.3Arun Kala vs. DCIT (2019) 33 NYPTTJ 756 (JP), held as under: “Penalty under s. 271AAB—Validity—Notice issued without application of mind— Caption of notice not mentioning correct section for levy of penalty, default for which show-cause notice was issued not specified but the pre-typed notice 13 Smt. Priyanka Agarwal

DCIT, CENTRAL CIRCLE, AJMER vs. M/S SILVERTOSS COMMODITIES PVT. LTD., KOLKATA

The appeals of the revenue stand dismissed and the cross objections of the assessee are partly allowed

undisclosed income. Thus, while in view of the mandate of sub-section (1) of section 153A of the Act, in every case where there is a search or requisition, the Assessing Officer is obliged to issue notice to such person to furnish returns of income for the six years preceding the assessment year relevant to the previous year in which

SHRI JAISINGH YADAV,JAIPUR vs. ACIT, CENTRAL CIRCLE-3 JAIPUR

In the result, both these appeals of the assessee are allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1290 & 1291/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 & 2015-16 Cuke Jaisingh Yadav, A.C.I.T., Vs. 1, Mehta Ki Dhani, Chandra Nagar- Central Circle-3, A, Govindpura, Kalwar Road, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Acwpy 5493 R Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Avinash Khandelwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Ms. Chanchal Meena (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 07/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 21/10/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. Both These Appeals Have Been Filed By The Assessee Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur Dated 18/09/2019 For The A.Y. 2014-15 & 2015-16 Respectively. Grounds Taken By The Assessee In Both These Appeals Are Reproduced As Under: Grounds Of Ita No. 1290/Jp/2019 (A.Y. 2014-15) “1. The Learned Ao Has Seriously Erred In Law & Facts In Making Addition Of Rs. 1274700 In The Income Of Assessee As Undisclosed Income. Hon'Ble Cit (Appeals) Has Seriously Erred In Rejecting The Appeal Of Assessee & Confirming The Additions Without Considering The Appeal Submission & On Wrong Premise. The Learned Cit (Appeals) Erred In Referring The Copy Of Itr Of Female Family Members Of Assessee As Certain Loose Documents Which Contained Incriminating Transaction & Also Erred In Stating That The Appellant

disallowance can be made in relation to that assessment year in exercise of powers under section 153A of the Act. Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income

SHRI JAISINGH YADAV,JAIPUR vs. ACIT, CENTRAL CIRCLE-3 JAIPUR

In the result, both these appeals of the assessee are allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1290 & 1291/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 & 2015-16 Cuke Jaisingh Yadav, A.C.I.T., Vs. 1, Mehta Ki Dhani, Chandra Nagar- Central Circle-3, A, Govindpura, Kalwar Road, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Acwpy 5493 R Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Avinash Khandelwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Ms. Chanchal Meena (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 07/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 21/10/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. Both These Appeals Have Been Filed By The Assessee Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur Dated 18/09/2019 For The A.Y. 2014-15 & 2015-16 Respectively. Grounds Taken By The Assessee In Both These Appeals Are Reproduced As Under: Grounds Of Ita No. 1290/Jp/2019 (A.Y. 2014-15) “1. The Learned Ao Has Seriously Erred In Law & Facts In Making Addition Of Rs. 1274700 In The Income Of Assessee As Undisclosed Income. Hon'Ble Cit (Appeals) Has Seriously Erred In Rejecting The Appeal Of Assessee & Confirming The Additions Without Considering The Appeal Submission & On Wrong Premise. The Learned Cit (Appeals) Erred In Referring The Copy Of Itr Of Female Family Members Of Assessee As Certain Loose Documents Which Contained Incriminating Transaction & Also Erred In Stating That The Appellant

disallowance can be made in relation to that assessment year in exercise of powers under section 153A of the Act. Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income

KATH BROTHERS,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

income surrendered by the assessee during the survey on account of discrepancy in cost of construction of building, discrepancy in stock and discrepancy in advances and receivables would be considered as business income and not as deemed income under section 69.” • In the case of Bajaj Sons. Ltd., the Hon’ble Chandigarh Bench of ITAT, ITA No. 1127/CHD/2019, has stated

ACIT, JAIPUR vs. RATAN KANWAR RATNAWAT, JAIPUR

In the result, the appeals of the Revenue are dismissed and

disallowing set off of losses of company CML and made additions - High Court by impugned order held that since Assessing Officer proceeded to frame assessments under section 153A relying on some information not unearthed during search, assessment orders so passed were not sustainable in law - Whether Special Leave Petition filed against impugned order was to be granted - Held, yes [Para

ACIT, CC-2, JAIPUR, JAIPUR vs. MAHENDRA SINGH RATNAWAT, JAIPUR

In the result, the appeals of the Revenue are dismissed and

disallowing set off of losses of company CML and made additions - High Court by impugned order held that since Assessing Officer proceeded to frame assessments under section 153A relying on some information not unearthed during search, assessment orders so passed were not sustainable in law - Whether Special Leave Petition filed against impugned order was to be granted - Held, yes [Para

ACIT, CC-2, JAIPUR, JAIPUR vs. MAHENDRA SINGH RATNAWAT, JAIPUR

In the result, the appeals of the Revenue are dismissed and

disallowing set off of losses of company CML and made additions - High Court by impugned order held that since Assessing Officer proceeded to frame assessments under section 153A relying on some information not unearthed during search, assessment orders so passed were not sustainable in law - Whether Special Leave Petition filed against impugned order was to be granted - Held, yes [Para

ACIT, JAIPUR vs. RATAN KANWAR RATNAWAT, JAIPUR

In the result, the appeals of the Revenue are dismissed and

disallowing set off of losses of company CML and made additions - High Court by impugned order held that since Assessing Officer proceeded to frame assessments under section 153A relying on some information not unearthed during search, assessment orders so passed were not sustainable in law - Whether Special Leave Petition filed against impugned order was to be granted - Held, yes [Para

M/S BHIVARAM PANNALAL KUMAWAT,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR

Appeal are disposed off and all the appeals of the

Bench: Us By The Department. The Facts As Well As Issues, Are More Or Less Involving The Disallowance Of Labour Expenses & Therefore, These Twelve Appeals Were Head

disallowance can be made only on the basis of material collected during the search or requisition. CIT VS. Deepak Kumar Agarwal &Ors. (2017) 158 DTR 100/251 Taxman 22 (Bom.) (HC) No addition could have been made while completing assessment u/s 153A in the case of completed assessment if no incriminating material is recovered and no undisclosed income

DCIT, CC-3, JAIPUR vs. M/S BHIVARAM PANNALAL KUMAWAT, JAIPUR

Appeal are disposed off and all the appeals of the

Bench: Us By The Department. The Facts As Well As Issues, Are More Or Less Involving The Disallowance Of Labour Expenses & Therefore, These Twelve Appeals Were Head

disallowance can be made only on the basis of material collected during the search or requisition. CIT VS. Deepak Kumar Agarwal &Ors. (2017) 158 DTR 100/251 Taxman 22 (Bom.) (HC) No addition could have been made while completing assessment u/s 153A in the case of completed assessment if no incriminating material is recovered and no undisclosed income

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, INCOME TAX OFFICE vs. SUPREME POLYMERS PRIVATE LIMITED, JAIPUR

In the results the appeal of the

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA No. 189/JP/2025 निर्धारण वर्ष / Assessment Year : 2015-16 DCIT, Central Circle-03, Jaipur बनाम Vs. Supreme Polymers Pvt. Ltd. 137-138, Industrial Area, Jhotwara, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AACCS 5773 P अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Shri Gaurav Nahata, CA राजस्व की ओर से / Revenue by : Mrs. Anita Rinesh, JCIT, Sr. DR सुनवाई की ता

undisclosed income Thus, while in view of the mandate of sub-section (1) of section 153A of the Act, in every case where there is a search or requisition, the Assessing Officer is obliged to issue notice to such person to furnish returns of income for the six years preceding the assessment year relevant to the previous year in which

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)

undisclosed debtors u/s 69 of the act in the return of income but disclosed under income from other sources and paid tax at normal rate. 3. The ld. AO has stated that unexplained debtors in the form of debtors are covered u/s 69 and excess cash is covered u/s 69A of the I.T. Act hence tax should be chargeable

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

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

SANJAY KUMAR KARNANI,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

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