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

40A(3), of the Income-Tax Act, 1961 – Method of accountings – estimation of income] [Assessment year 2005-06] [In favour of assessee). Ld. CIT(A) has filed to appreciate the above proposition of law and not even stated that how can the further addition on account of trading activity could be made once the same trading results stood rejected

SHIVAM READYMIX PRIVATE LIMITED,JAIPUR vs. ACIT, JAIPUR

In the result, the appeal of the assessee is allowed

40A(3) and section 69C are\naltogether different and once Id.AO was satisfied that provisions of section\n40A(3) are not applicable (as is evident from show cause notice and assessment\norder), he was duty bound to give opportunity to assessee to furnish explanation\non section 69C before invoking such provisions. It is trite law that assessee\nshould be made

AMAN EXPORTS INTERNATIONAL,JAIPUR vs. DCIT CIRCLE 1, JAIPUR

In the result, appeal of the assessee is partly allowed

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

u/s 40A(3) of Rs. 101505/-. That after receipt of notice the assessee filled its return and also seeked copy of reasons recorded along with copy of approval of competent authority and copy of all the documents, reports and statements etc relied upon to form the reason to believe. That apart from the copy of reasons recorded, no other documents

BRIJ BIHARI AGRAWAL,JAIPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 , JAIPUR

reassessment order passed u/s 147\nr.w.s. 143(3) is also illegal and void abinitio and is liable to be\nquashed.\"\nFurther reliance is placed on the following case laws:\nAshok Kumar Batwani Talwandi ITA No. 204/2004 dated 10.01.2017\n(Raj.)\n140 TTJ 249 ITO vs. Arum Kumar Kapoor (ITAT, Amritsar Bench)\n64 taxmann.com 159 G. Koteswara Rao v/s DCIT (ITAT

M/S AMRAPALI EXPORTS,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, the ground No

reassessment order u/s 143(3) read with 147 was passed by the Assessing Officer on 13.12.2017 wherein the assessee was found eligible for deduction u/s 10AA to the extent of Rs. 7,21,35,825/- as originally 3 M/s Amrapali Exports, Jaipur Vs. DCIT, Jaipur assessed u/s 143(3) of the Act. However, books of accounts were rejected u/s

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

reassess the earlier\nassessment in terms of section 147 or carry out rectification u/s 154 of the Act. He can't\nusurp the power of the CIT and recommend a revision.\nNo overlapping of powers of the authorities under the Act can be permitted. As the\nrevision proceedings in this case have triggered with the AO sending a proposal

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

147 and other related sections. Thus, the assessment u/s 153A are not denovo assessments since the purpose of making the reassessments under section 153A is to subject to tax, hitherto undisclosed income unearthed during the course of the search. It is for this reason that the second proviso to section 153A(1) provides only for the abatement of the pending

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

147 and other related sections. Thus, the assessment u/s 153A are not denovo assessments since the purpose of making the reassessments under section 153A is to subject to tax, hitherto undisclosed income unearthed during the course of the search. It is for this reason that the second proviso to section 153A(1) provides only for the abatement of the pending

WHEATONS DESIGN PRIVATE LIMITED,JAIPUR vs. ACIT / DCIT, CIRCLE -6, JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

Bench: The Due Date Of Hearing.”

40A(3) and thus the same is not allowable. It was held that when the assessee had shown those two heads under the P&L a/c filed along with the return, it cannot be said that there is failure on the part of the assessee to disclose fully and truly all material facts. Nothing prevented the AO to seek

INCOME TAX OFFICER, WARD-1-1, KOTA vs. SHRI CHANDI RAM, KOTA

In the result, appeal of the revenue is dismissed

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

40A(3) at Rs 1,66,942/-. 3 CIT(A), reasons for deleting the addition:- The ld CIT(A) vide order dated 24.06.2009 in appeal No.392/2008-09 has decided the case as under:- Deleted the additions: 1. Diesel expenses at Rs.11,56,314/-, 2.Arbitration Award receipts at Rs.8,13,194/, 3Purchase of material like stone and rubble, sand and gritt

DALAS BIOTECH LIMITED,BHIWADI vs. THE ASSISTANT COMMISSIONER OF INCOME-TAX, ALWAR

In the result, the appeal of the assessee is allowed with no orders as to cost

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

reassessment order passed under section 143(3) r.w.s. 147 of the Income Tax Act, 1961. In this Allahabad High Court had made following observations, 14. We have considered the facts in the present case Shri Mukesh J. Shah sold his land during A.Y. 2009-10 for Rs. 51.09 crores and assessed to tax by ITO, Ward

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

Section 263 of the Act were proper and legal and the Tribunal committed a serious error in reversing such decisions. Mr. Arif Ali, learned Advocate appearing for the appellant in ITAT No. 44 of 2020 (Assessee-Gupta Agarwal) submitted that the facts which have been set out in the memorandum of appeal, is wholly incorrect and does not pertain

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

Section 263 of the Act were proper and legal and the Tribunal committed a serious error in reversing such decisions. Mr. Arif Ali, learned Advocate appearing for the appellant in ITAT No. 44 of 2020 (Assessee-Gupta Agarwal) submitted that the facts which have been set out in the memorandum of appeal, is wholly incorrect and does not pertain

RASHLEELA ENTERPRISES PRIVATE LIMITED, JAIPUR,JAIPUR vs. ACIT CEN CIR 3, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalrashleela Enterprises Pvt. Ltd., C-5, Krishna Balram, Calgiri Road, Malviya Nagar, Jaipur 302017. Pan No.: Aadcr2594J ...... Appellant Vs.

147 of Income Tax Act, 1961 ("ITA"). The action of the Ld. CIT (A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing the reassessment proceedings being illegal and without any basis. 2. In the facts and circumstances of the case and in law, Ld. CIT (A) has erred in confirming

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

reassessment cannot be verified. Subject to these observations Shri Ambika Garments vs. ACIT the peak credit as worked out by the assessee at Rs. 36,89,310/- is held as undisclosed income for this year. (iii)………… In the above case the assessment for the AY 2001-02 was done however which was quashed by the honourable Tribunal. Even then

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

reassessment cannot be verified. Subject to these observations Shri Ambika Garments vs. ACIT the peak credit as worked out by the assessee at Rs. 36,89,310/- is held as undisclosed income for this year. (iii)………… In the above case the assessment for the AY 2001-02 was done however which was quashed by the honourable Tribunal. Even then

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)

reassessment cannot be verified. Subject to these observations Shri Ambika Garments vs. ACIT the peak credit as worked out by the assessee at Rs. 36,89,310/- is held as undisclosed income for this year. (iii)………… In the above case the assessment for the AY 2001-02 was done however which was quashed by the honourable Tribunal. Even then

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: AO on 12-04-2021 18. Reply filed before AO on 15-07-2021 19. Additional Written Submissions filed before CIT(A) for AY 2014-15 on 11-11-2024 20. Written Submissions filed before CIT(A) for AY 2014-15 21. Written Submissions filed before CIT(A) for AY 2015-16 on 10-10-2024 22. Written Submissions filed before CIT(A) for AY 2016-17 on 10-10-2024 23. Written Submissions filed before CIT(A) for AY 2017-18 on 15-10-2024 24. Written Submissions filed before CIT(A) for AY 2018-19 on 15-10-2024 25.

reassessment cannot be verified. Subject to these observations Shri Ambika Garments vs. ACIT the peak credit as worked out by the assessee at Rs. 36,89,310/- is held as undisclosed income for this year. (iii)………… In the above case the assessment for the AY 2001-02 was done however which was quashed by the honourable Tribunal. Even then