TURAB ALI BOHRA,BHILWARA,BHILWARA vs. ACIT CENTRAL CIRCLE,AJMER, AJMER

In the result, the appeal filed by the assessee is allowed for statistical\npurposes

Survey u/s 133A has no evidentiary value and any\nadmission made during such statement cannot be made basis of addition. Reliance\nplaced CIT v. Khader Khan Son (2008) 300 ITR 157 (Mad.) (HC). Affirmed by Apex\nCourt in, CIT v. S. Khader Khan Son (2012) 210 Taxman 248(2013) 352 ITR 480 (SC) /\n(2012) 25 taxmann.com 413 (SC).\nHence

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

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

133A(3)(iii) (or even u/s 131 on oath) admitting income\nbut ignoring the impounded documents found and the explanation furnished\nthereon with the supporting evidences should be ignored, can not be\naccepted. We are thus not in agreement with the dissenting findings\nrecorded by the CIT(A) on this aspect.\nFor the above reasons, the modified ground of appeal

M/S WHOLESALE CLOTH MERCHANT,KOTA vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), RAJASTHAN, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 688/Jp/2019 Assessment Year: ………………………… M/S Wholesale Cloth Merchant Cuke Pr.C.I.T. (Central), Vs. Association, Jaipur (Rajasthan) New Cloth Market, Kota. Pan No.: Aaatw 0127 C Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Siddarth Ranka & Shri Shravan Kr. Gupta (Advs) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 14/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 06/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit(Central), Rajasthan, Jaipur Dated 22/03/2019 Passed U/S 12Aa(3) & 12Aa(4) Of The Income Tax Act, 1961 (In Short, The Act). Following Grounds Have Been Taken By The Assessee: “1. That In The Facts & In The Circumstances Of The Case & In Law, The Ld Pr. Cit(Central), Rajasthan, Jaipur Has Grossly Erred In Cancelling The Registration Of The Assessee Appellant Trust Under Section 12A Of The Act By Invoking Section 12Aa(4) Of The Act W.E.F. 01/04/2013. 2. The Appellant Craves Leave To Add, Alter, Modify Or Amend Any Ground On Or Before The Date Of Hearing.”

property to be used or applied directly for the benefit of a persons referred to U/s 13(3) of the Act. Therefore, as per the provisions of Section 13(1)(c)(ii) of the Act, nothing contained in Section 11 and 12 shall operate so as to exclude the total income of the assessee. Therefore, the activities of the assessee

PRANATI BUILDCON, KOTA,KOTA vs. ACIT/DCIT CEN CIR ,KOTA, KOTA

In the result, the appeal of the assessee is allowed

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

properties under M/s Pranati Buildcon at Kota. A survey u/s 133A was carried out on dated 08.11.2017 at the premises of assessee as also at the premises of other group member M/s Parshavnath Associates, Kota during the course of which, statement of the Partner Shri Pradeep Dadhich was recorded u/s 133A wherein the partner admitted that these expenses were

PINK CITY JEWEL HOUSE PRIVATE LIMITED ,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), JAIPUR

u/s. 263 by the Id. PCIT is bad in law and\ndeserves to be quashed and set-aside.\nGround No. 5:\nDeduction under section 10AA of the Act:\n6. That as submitted hereinabove subsequent to survey conducted on 17-\n18.08.2017, reassessment proceedings u/s. 148 of the Act were initiated and\n37\nITA No. 598/JP/2024\nPinkcity Jewelhouse Pvt. Ltd. vs. PCIT

MACRO PROPRIETIES PRIVATE LIMITED,M 28 INCOME TAX COLONY TONK ROAD JAIPUR vs. DCIT CENTRAL CIRCLE 2, LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No.174 TO 177/JP/2023 fu/kZkj.ko"kZ@AssessmentYear : 2013-14 TO 2016-17 M/s. Macro Properties Pvt. Ltd.M-28, Income Tax Colony, Tonk Road Jaipur cuke Vs. The DCIT Central Circle-2 LIC Building, Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAFCM 3633 D vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby : Shri C.M. Agarwal, CA jktLo dh vksjls@Revenue by: Shri JameshKurian, CI

Housing Private Limited various data & tally software of various concerns related to F S Group were impounded during the course of survey action On perusal of one of the hard disc, tally data of Sh. Pooran Mal Kanwat for the AY 2013-14 & 2014-15 were found vide path Account PC- Ganesh Agarwal- Tally Data- Account PC-2 Ganesh Agarwal

NATWAR LAL SHARDA,JAIPUR vs. PCIT-2, JAIPUR

In the result, the appeal of the assessee is allowed

House Property, Business, Capital Gain and other sources. A survey u/s 133A was conducted in the case of assessee during

ALOK VIJAWAT,JAIPUR vs. PCIT, UDAIPUR, UDAIPUR

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

133A of the Act to be considered the Income u/s 69 and 69A of the Act respectively and further chargeability of income-tax thereupon u/s 115BBE of the I.T. Act, 1961". Therefore, the AO is directed to verify this issue while finalizing the assessment considering the observations mentioned herein above. Thereafter, based on outcome of such enquiries and verification, necessary

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)

133A of the Income Tax Act, 1961 was carried out on 17.01.2019 at the business premises of M/s Kath Prothers, Toonga, Bassi, Jaipur. During the survey 5 Kath Brothers vs. ACIT proceedings, physical verification was made for the stock of his business and noted that total stock valued at Rs.2,69,28,041/- was found as against total stock recorded

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)

house property, income from business and income from other sources. The appellant is a doctor and running the hospital in the name of JK Hospital at Bhawanimandi. As stated by the appellant he is a shareholder in Rajat City Developers Ltd and a partner in a partnership firm i.e. M/s Silver Wings Life Spaces engaged in the business of real

PARSHAVNATH ASSOCIATES, KOTA,KOTA vs. ACIT/DCIT,CENTRAL CIRCLE, KOTA, KOTA

In the result, both the appeal filed by separate assessee are allowed in terms of the above observations

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

house property, capital gain, business or profession. 1.2 A combined reading of S. 14 with S. 56 of the Act makes is evidently clear that for the assessment of an income it must have to be classified under four heads of income as enumerated u/s 14 and if it doesn’t fall under any specific head of income

PARSHWANATH BUILDESTATE PRIVATE LIMITED, KOTA,KOTA vs. ACIT/DCIT,CENTRAL CIRCLE, KOTA, KOTA

In the result, both the appeal filed by separate assessee are allowed in terms of the above observations

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

house property, capital gain, business or profession. 1.2 A combined reading of S. 14 with S. 56 of the Act makes is evidently clear that for the assessment of an income it must have to be classified under four heads of income as enumerated u/s 14 and if it doesn’t fall under any specific head of income

DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT, CENTRAL CIRCLE-3 vs. M/S N. M. AGROFOOD PRODUCTS PVT. LTD., SRIGANGANAGAR

In the result the appeal of the revenue in ITA No

house property. 9. Notices u/s 143(2) & 142(1) of the Income tax, 1961 were issued along with questionnaire requiring certain details/ information, which was duly served upon the assessee. During the course of assessment proceedings, it was observed that assessee has shown to have engaged in purchase with M/s Kalyani Suppliers Pvt. Ltd and M/s Everlink Vyapaar

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, INCOME TAX OFFICE vs. SHRI SURESH KUMAR GUPTA, SRIGANGANAGAR

In the result the appeal of the revenue in ITA No

house property. 9. Notices u/s 143(2) & 142(1) of the Income tax, 1961 were issued along with questionnaire requiring certain details/ information, which was duly served upon the assessee. During the course of assessment proceedings, it was observed that assessee has shown to have engaged in purchase with M/s Kalyani Suppliers Pvt. Ltd and M/s Everlink Vyapaar

KAILASH CHAND MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

House property, Business and Other sources. The proceedings of assessment of income were commenced by issue of notice u/s 143(2) of the Act on 05-11-2018, and notice u/s 142(1) dated 05-11-2018 was also issued to the assessee and information and details pertaining to the case relevant to assessment of his income were called

MACRO TOWNSHIP PVT LTD,288-289 MAHAVEER NAGAR DURGAPURA JAIPUR vs. DCIT CC -2 JAIPUR , LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

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

Housing Pvt Ltd during the course of survey action. (Ref. Assessment order Para 9.1 & 9.2 Pg 28-29) and information gathered by him from the website of Rajasthan Govt (Ref Asst Order para 9.4 Pg 30) . ii. Addition of Rs 4,19,46,250/- u/s 68 of the income Tax Act on account of unsecured loan taken from Sh Pooran

MACRO TOWNSHIP PVT LTD,288-289 MAHAVEER NAGAR DURGAPURA JAIPUR vs. DCIT CC -2 JAIPUR, LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

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

Housing Pvt Ltd during the course of survey action. (Ref. Assessment order Para 9.1 & 9.2 Pg 28-29) and information gathered by him from the website of Rajasthan Govt (Ref Asst Order para 9.4 Pg 30) . ii. Addition of Rs 4,19,46,250/- u/s 68 of the income Tax Act on account of unsecured loan taken from Sh Pooran

MACRO TOWNSHIP PVT LTD,288-289 MAHAVEER NAGAR DURGAPURA JAIPUR vs. DCIT CC-2 JAIPUR, LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

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

Housing Pvt Ltd during the course of survey action. (Ref. Assessment order Para 9.1 & 9.2 Pg 28-29) and information gathered by him from the website of Rajasthan Govt (Ref Asst Order para 9.4 Pg 30) . ii. Addition of Rs 4,19,46,250/- u/s 68 of the income Tax Act on account of unsecured loan taken from Sh Pooran

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

In the result, the appeal of the assessee is allowed

133A of the Act, without any\nindependent corroborative evidence or material substantiating such addition, is legally\nunsustainable and devoid of merit. The settled position of law, consistently upheld by\nvarious judicial forums including the Hon'ble Supreme Court, High Courts, and\nIncome Tax Appellate Tribunals, categorically holds that statements obtained during\nsurvey operations lack evidentiary value and cannot independently justify