SHREE SIDDHI VINAYAK INDUCTION PVT. LTD.,JAIPUR vs. DCIT, JAIPUR

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

Penalty proceedings u/s 271(1)(c) are initiated for concealment of income by filing inaccurate particulars of income.” 11. Aggrieved from the said addition assessee has marched the appeal before the CIT(A) and the ld. CIT(A) has recorded his findings as under: “8. With respect to this ground I find that already a view is taken

SHREE SIDDHI VINAYAK INDUCTIONS PVT. LTD.,JAIPUR vs. DCIT, CENTRAL CIRCLE-3, JAIPUR

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

Penalty proceedings u/s 271(1)(c) are initiated for concealment of income by filing inaccurate particulars of income.” 11. Aggrieved from the said addition assessee has marched the appeal before the CIT(A) and the ld. CIT(A) has recorded his findings as under: “8. With respect to this ground I find that already a view is taken

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

Penalty proceedings u/s 271(1)(c) are initiated for concealment of income by filing inaccurate particulars of income.” 11. Aggrieved from the said addition assessee has marched the appeal before the CIT(A) and the ld. CIT(A) has recorded his findings as under: “8. With respect to this ground I find that already a view is taken

BARODA RAJASTHAN KSHETRIYA GRAMIN BANK,AJMER vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

In the result, the appeal of the assessee is partly allowed for Statistical purposes

Section 36(1)(v) of the Act were satisfied.’’ ……. Thus I am of the opinion that even the decision of Associated Electrical India Pvt. Ltd is also not applicable in the case under consideration. The appellant has also relied upon the decision of ITAT Jaipur in the case of Jhalawar Kendriya Sahakari Bank. In this case also, the relief

SWASTIC OIL INDUSTRIES,JAIPUR vs. ACIT CIRCLE -7, JAIPUR, JAIPUR

In the result the appeal of the assessee in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 34 & 35/JP/2023 fu/kZkj.k o"kZ@Assessment Year : 2018-19 & 2019-20 M/s. Swastic Oil Industries F-5-F8, Industrial Area Newai, Tonk 304 021 cuke Vs. The ACIT Circle-7 Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAJFS 8180 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri Devang Gargieya, Adv. jktLo dh vksj ls@Revenue by: Shri A.S. Nehra, Addl. CIT lquokbZ

271 ITR 0132 (Delhi); Kvaverner John Brown Engg. (India) (P.) Ltd. vs. ACIT, [2008] 305 ITR 0103 (Supreme Court). In the present case the addition had been made by way of adjustments, vide intimations issued u/s 143(1) of Income Tax Act on dt. 17.10.2019 However, at that point of time it is undisputed fact on record that this

SWASTIC OIL INDUSTIRES,JAIPUR vs. ACIT CIRCLE -7, JAIPUR, JAIPUR

In the result the appeal of the assessee in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 34 & 35/JP/2023 fu/kZkj.k o"kZ@Assessment Year : 2018-19 & 2019-20 M/s. Swastic Oil Industries F-5-F8, Industrial Area Newai, Tonk 304 021 cuke Vs. The ACIT Circle-7 Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAJFS 8180 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri Devang Gargieya, Adv. jktLo dh vksj ls@Revenue by: Shri A.S. Nehra, Addl. CIT lquokbZ

271 ITR 0132 (Delhi); Kvaverner John Brown Engg. (India) (P.) Ltd. vs. ACIT, [2008] 305 ITR 0103 (Supreme Court). In the present case the addition had been made by way of adjustments, vide intimations issued u/s 143(1) of Income Tax Act on dt. 17.10.2019 However, at that point of time it is undisputed fact on record that this

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

271(1)(c), which is unjustified, unwarranted and bad in law. 8) The Learned CIT(A) has erred in law and on facts in upholding the charge of Interest u/s 234A, 234B & 234C. 9) Your appellant craves leave to add to, alter, amend or delete any of the foregoing grounds of appeal.” 4.3 In ITA No. 1045/JPR/2024 the assessee

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

271(1)(c), which is unjustified, unwarranted and bad in law. 8) The Learned CIT(A) has erred in law and on facts in upholding the charge of Interest u/s 234A, 234B & 234C. 9) Your appellant craves leave to add to, alter, amend or delete any of the foregoing grounds of appeal.” 4.3 In ITA No. 1045/JPR/2024 the 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

271 of the Act. The ld AR has contended that the addition made by the ld. CIT(A) are ex-facie unsustainable in law. The ld AR has then contended that Section 251 of the Act limits power of enhancement of ld. CIT(A) to the aspects considered by the Assessing Officer and not to pickup any new source

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

271 of the Act. The ld AR has contended that the addition made by the ld. CIT(A) are ex-facie unsustainable in law. The ld AR has then contended that Section 251 of the Act limits power of enhancement of ld. CIT(A) to the aspects considered by the Assessing Officer and not to pickup any new source

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

271 of the Act. The ld AR has contended that the addition made by the ld. CIT(A) are ex-facie unsustainable in law. The ld AR has then contended that Section 251 of the Act limits power of enhancement of ld. CIT(A) to the aspects considered by the Assessing Officer and not to pickup any new source

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

271 of the Act. The ld AR has contended that the addition made by the ld. CIT(A) are ex-facie unsustainable in law. The ld AR has then contended that Section 251 of the Act limits power of enhancement of ld. CIT(A) to the aspects considered by the Assessing Officer and not to pickup any new source

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

u/s 69 would not be necessary. Therefore, the first attempt of the AO should be to find out link of undeclared investment/expenditure with the known head, give opportunity to the assessee to establish nexus and if it is satisfactorily established then first such investment should be considered as undeclared receipts under the particular head. It is observed that there

PARIS ELYSEES INDIA PVT. LTD.,JAIPUR vs. DCIT, CIRCLE-7, JAIPUR

Bench: Him Against The Order Dated 05.12.2019 Passed Under Section 147/143(3) Of The Income Tax Act, [ For Short “Act” ] By Acit, Circle-07, Jaipur.

penalty u/s 271(1)(c) of the Income Tax Act, 1961. He consulted his counsel for reply of the said notice. The counsel checked the e-filing portal of the assessee company to know about the status of pending appeal. Thereafter, it was discovered that the order confirming the additions had been passed by ld. CIT(A)/NFAC. The counsel

LAXMAN NAINANI,KOTA vs. ACIT/DCIT, CENTRAL CIRCLE, JAIPUR

In the result, all the three appeals of the assessee in ITA No

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

271 ITR 0132 (Delhi); Kvaverner John Brown Engg. (India) (P.) Ltd. vs. ACIT, [2008] 305 ITR 0103 (Supreme Court). In the present came the addition had been made by way of injustments, vide intimaticis sound u/s 14301) of tocomeTes Act on dt. 20.07.2020 3. Law of binding precedent: However, at that point of time is undisputed fact on record that

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

In the result, the appeals are partly allowed

penalty proceeding u/s 271(1)(c) of the IT Act read with section 274 of the IT Act. 7. Being aggrieved by the AO the assessee preferred an appeal before the ld. CIT(A) and the findings are reproduced as under:- M/s Silvex & Co. (India) Ltd. “4.2 I have considered the facts of the case, assessment order and appellant

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

In the result, the appeals are partly allowed

penalty proceeding u/s 271(1)(c) of the IT Act read with section 274 of the IT Act. 7. Being aggrieved by the AO the assessee preferred an appeal before the ld. CIT(A) and the findings are reproduced as under:- M/s Silvex & Co. (India) Ltd. “4.2 I have considered the facts of the case, assessment order and appellant

SHREE CEMENT LIMITED,BANGUR NAGAR vs. ACIT, CENTRAL CIRCLE, AJMER

In the result, the appeal of the assessee - appellant in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

271 of the Constitution, by way of section 2 read with first schedule to the Finance Act. The Court thus having regard to the legislative history held that surcharge and additional surcharge (Cess) being charged in addition to income tax in exercise of constitutional powers are nothing but tax on income. Levy of Cess in addition to income