SHRI BABU LAL DATA,ALWAR vs. DCIT, CENTRAL CIRCLE, ALWAR

In the result, appeal of the revenue is dismissed

establish that outgoings belonged to the assessee bus not been discharged Therefore, the deeming provisions of s. 69 cannot be invoked in this case. For making addition under s 69, there ought to be some material to prove that outgoings taken by the borrowers belonged to the assessee CIT vs. Smt PK. Noorjahan

ACIT, CENTRAL CIRCLE, ALWAR vs. SHRI BABU LAL DATA, 2015-16

In the result, appeal of the revenue is dismissed

establish that outgoings belonged to the assessee bus not been discharged Therefore, the deeming provisions of s. 69 cannot be invoked in this case. For making addition under s 69, there ought to be some material to prove that outgoings taken by the borrowers belonged to the assessee CIT vs. Smt PK. Noorjahan

SHRI BABU LAL DATA,ALWAR vs. DCIT, CENTRAL CIRCLE, ALWAR

In the result, appeal of the revenue is dismissed

establish that outgoings belonged to the assessee bus not been discharged Therefore, the deeming provisions of s. 69 cannot be invoked in this case. For making addition under s 69, there ought to be some material to prove that outgoings taken by the borrowers belonged to the assessee CIT vs. Smt PK. Noorjahan

RADHAKISHNA BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

establish the genuineness of receipt from DRAIPL, therefore, the amount of "42,00,40,000 is treated as unexplained cash credit under section 68 read with section 115BBE of the Income Tax Act and added to the income of the assessee. Also expenses claimed related to the receipt from DRAIPL are not explained therefore 10% of the proportionate expenses that

RADHAKISHAN BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

establish the genuineness of receipt from DRAIPL, therefore, the amount of "42,00,40,000 is treated as unexplained cash credit under section 68 read with section 115BBE of the Income Tax Act and added to the income of the assessee. Also expenses claimed related to the receipt from DRAIPL are not explained therefore 10% of the proportionate expenses that

SHRI NARESH JHANWAR,JAIPUR vs. DCIT, C.C.-3, JAIPUR

In the result, both the appeal of the assessee is partly

establishing the identity, genuineness and creditworthiness of the persons from where he claimed these amounts were received. He also failed to provide complete name and addresses of the persons to whom these amounts were paid as recorded on Debit side, Once the assessee has failed to prove the identity of the person from whom amounts is received, despite ample opportunity

SHRI NARESH JHANWAR,JAIPUR vs. DCIT, C.C.-3, JAIPUR

In the result, both the appeal of the assessee is partly

establishing the identity, genuineness and creditworthiness of the persons from where he claimed these amounts were received. He also failed to provide complete name and addresses of the persons to whom these amounts were paid as recorded on Debit side, Once the assessee has failed to prove the identity of the person from whom amounts is received, despite ample opportunity

INCOME TAX OFFICER, WARD-1(2), JAIPUR, JAIPUR vs. GORDHANDAS NANDKISHORE JEWELLERS, JAIPUR

In the result, appeal filed by the Revenue stands dismissed with no orders as to

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

68 read with section 115BBE of the Income-tax Act, 1961, of the large cash deposit of demonetised currency made by the assessee, an individual deriving income from the business of trading in bullion, precious stones, diamond and manufacturing of jewellery in his proprietorship concern, treating it as his undisclosed income. According to the Assessing Officer, the assessee

M/S RAJENDRA AND URSULA JOSHI SKILL DEVELOPEMENT PVT. LTD. JAIPUR,JAIPUR vs. PCIT-2, JAIPUR

In the result ITA NO. ITA 57/JPR/2021 is also stands dismissed

Permanent Account Number (PAN) which is the best evidence to prove the identity of a shareholder, in the records of AO itself. Moreover, all the transactions with all the shareholders were admittedly made through banking channels only. Thus, their identity is fully established. 3.2 Genuine Transactions: The genuineness of the transaction is duly and established in as much

M/S RAJENDRA AND URSULA HOLDINGS PVT. LTD., JAIPUR,JAIPUR vs. PCIT-1, JAIPUR

In the result ITA NO. ITA 57/JPR/2021 is also stands dismissed

Permanent Account Number (PAN) which is the best evidence to prove the identity of a shareholder, in the records of AO itself. Moreover, all the transactions with all the shareholders were admittedly made through banking channels only. Thus, their identity is fully established. 3.2 Genuine Transactions: The genuineness of the transaction is duly and established in as much

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 147 of the I.T. Act, 1961.” 5.5. The appellant submitted that the AO has satisfied himself that appellant had taken accommodation entry in the shape of unsecured loans. The appellant submitted that it raised objections before AO against such reasons wherein it was categorically contended that appellant had not taken any unsecured loans from any of the party mentioned

VENKATESHWARA WIRES PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: The Ld. Ao As Well As Before The Ld. Cit(A) As The Documents Submitted Was Only In Support Of Confirmations & Other Documents Already Submitted & No New Documents Were Submitted. 2. The Assessee Craves Your Indulgence To Add Amend Or Alter All Or Any Grounds Of Appeal Before Or At The Time Of Hearing.”

established the addition cannot be made as per the provision of section 68 of the Act and that too when the notices were served upon those parties and some of them have not replied and some has given incomplete information, do not suggest that the deposit accepted by the assessee are covered within the provision of section 68

M/S. GURU KRIPA CAREER INSTITUTE PVT. LTD.,SIKAR vs. PR.CIT-3, JAIPUR

In the result, appeal of the assessee is allowed

establish that the assessment order is not sustainable in law and order for revision. We would also like to state that ld. Pr. CIT can force the Assessing officer to conduct the enquiries in the manner preferred by him then it will be prejudiced to the independent application of mind by the AO and definitely that could not be intention

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

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

permanent\nemployee of the appellant company namely, M/s SHIV VEGPRO\nPRIVATE LIMITED, Kota, was assigned the task to collect the appeal\nprepared from the counsel at Jaipur, to get it signed and to ensure filing\nof the same in time. Shri Sushil Mittal was fully conversant with the\naffairs of the above assessee in the office of M/s SHIV VEGPRO

PANNA LAL KUMAWAT,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, the appeal of the assessee is partly allowed in ITA

permanent and papers used are kept collectively in one volume. A book which contains successive entries of items maybe a good 25 Shri Panna Lal Kumawat, Jaipur memorandum book but until those entries are totaled or balanced or both as the case may be, there is no reckoning and no accounts. A book which merely contains entries of items

DCIT,CC-3, JAIPUR vs. SHRI PANNA LAL KUMAWAT, JAIPUR

In the result, the appeal of the assessee is partly allowed in ITA

permanent and papers used are kept collectively in one volume. A book which contains successive entries of items maybe a good 25 Shri Panna Lal Kumawat, Jaipur memorandum book but until those entries are totaled or balanced or both as the case may be, there is no reckoning and no accounts. A book which merely contains entries of items

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)

permanent establishment in India, hence the liability of TDS u/s 195 of the Act does not apply. Hence, the disallowance of commission payment is not justified. The payments were genuine and non- deduction of TDS is in accordance with the provision of the Act. Thus the disallowance so made by the AO deserves to be allowed. 3.4 On the other

SHRI KALYAN BUILDMART PVT. LTD,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, JAIPUR, JAIPUR

Bench: The Date Of Hearing.”

Permanent Account Number; Income Tax Return, [PB : received from a 38] • Reports/Certificates from Chartered Accountant, as resident company in terms of section regards valuation of shares, in terms of Rule 11UA, 6(3)(ii). read with Section 56(2)(viib) were submitted. [PB : 38] 18 Shri Kalyan Buildmart Pvt. Ltd., Jaipur vs. Pr. CIT-2, Jaipur • Section Nothing was brought