PEEYUSH AGARWAL,JAIPUR, RAJASTHAN vs. ITO, WARD 1(5), JAIPUR, JAIPUR, RAJASTHAN

In the result Ground and 1 and 2 raised by the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

section 68 of the 51 Peeyush Agarwal, Jaipur. Act that will amount to double taxation once as sales and again as unexplained cash credit which is against the principles of taxation. Assessee was having only one source of income from trading in beedi, tea power and pan masala and therefore provisions of section 115BBE of the Act will

RSD CONTAINERS PRIVATE LIMITED,JAIPUR vs. ITO, WARD 7(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

68 r.w.s. 115BBE. Reject plea for peak credit, unabsorbed depreciation, and MAT credit set-off. The ld. DR vide submission dated 14.07.2025 further submitted as under : I. Limitation Period Under Section 149(1)(b) is Fully Alive The assessee has contended that the reassessment proceedings are barred by limitation. However, this contention is devoid of merit in view

MOHAN LAL ASHOK KUMAR SARAF,JAIPUR vs. DCIT CEN CIR 1, JAIPUR

In the result, the appeal of the assessee is allowed as indicated hereinabove

section 68 on account of cash deposits could not be made simply on the reason that during the demonetization period, cash deposits vis-à-vis cash sales ratio was higher. If customers during the period of demonetization purchased jewellery in cash which has been duly recorded in the books of account of the Appellant and also tallying with

M/S. ROYAL JEWELLERS,JAIPUR vs. DCIT, CENTRAL CIRCLE, JAIPUR

In the result, appeal of the assessee in ITA No

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

68,920/-) (APB 587- 725 Compilation of Papers Volume I Part II) The appellant submits that the additions in respect of all the papers seized and inventorized under Exhibit A-10 have already been made by the ld. AO in A.Y.2017-18, wherein a total addition of Rs.2,35,50,916/- has been made taking into account all the papers contained

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeal of the assessee in ITA No

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

68,920/-) (APB 587- 725 Compilation of Papers Volume I Part II) The appellant submits that the additions in respect of all the papers seized and inventorized under Exhibit A-10 have already been made by the ld. AO in A.Y.2017-18, wherein a total addition of Rs.2,35,50,916/- has been made taking into account all the papers contained

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeal of the assessee in ITA No

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

68,920/-) (APB 587- 725 Compilation of Papers Volume I Part II) The appellant submits that the additions in respect of all the papers seized and inventorized under Exhibit A-10 have already been made by the ld. AO in A.Y.2017-18, wherein a total addition of Rs.2,35,50,916/- has been made taking into account all the papers contained

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeal of the assessee in ITA No

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

68,920/-) (APB 587- 725 Compilation of Papers Volume I Part II) The appellant submits that the additions in respect of all the papers seized and inventorized under Exhibit A-10 have already been made by the ld. AO in A.Y.2017-18, wherein a total addition of Rs.2,35,50,916/- has been made taking into account all the papers contained

M/S. ROYAL JEWELLERS,JAIPUR vs. DCIT, CENTRAL CIRCLE, JAIPUR

In the result, appeal of the assessee in ITA No

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

68,920/-) (APB 587- 725 Compilation of Papers Volume I Part II) The appellant submits that the additions in respect of all the papers seized and inventorized under Exhibit A-10 have already been made by the ld. AO in A.Y.2017-18, wherein a total addition of Rs.2,35,50,916/- has been made taking into account all the papers contained

M/S. ROYAL JEWELLERS,JAIPUR vs. DCIT, CENTRAL CIRCLE, JAIPUR

In the result, appeal of the assessee in ITA No

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

68,920/-) (APB 587- 725 Compilation of Papers Volume I Part II) The appellant submits that the additions in respect of all the papers seized and inventorized under Exhibit A-10 have already been made by the ld. AO in A.Y.2017-18, wherein a total addition of Rs.2,35,50,916/- has been made taking into account all the papers contained

RUKMANI JEWELLERS PRIVATE LIMITED,JAIPUR vs. DCIT CIR.-4 JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

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

section 145(3), otherwise she could have invoked the same. Thus cold and hot breath cannot blow together. 15. Addition made without bringing any cogent material on record; Simultaneously Ld. AO could not bring any cogent material in support of his allegation that such founded Cash of Rs. 1,78,08,630/- is Unexplained Income, except suspicion for that

DINESH KUMAR SONI,JAIPUR vs. DCIT CEN CIR 1 JAIPUR, JAIPUR

In the result appeal filed by the assessee is allowed

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

Sections 68/69/69A etc. are applicable irrespective of the method of determination of business income. Further that the presumptive taxation scheme provides exemption from only the specific provisions as mentioned therein which pertain only to the chapter of business income. 6 Sh. Dinesh Kumar Soni vs. DCIT Accordingly the additional ground raised by the appellant is hereby dismissed.” “Ground

DCIT, CC-2, JAIPUR vs. SHRI JITENDRA KUMAR AGARWAL, JAIPUR

In the result, appeal of the assessee is dismissed and that of the revenue is also stands dismissed

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

section (1).” It is evident from the plain reading of heading of section 115BBE itself that the provisions of this section are applicable only to incomes referred to in section 68, Shri Jitendra Kumar Agarwal vs. DCIT 69, 69A, 69B,69C or 69D, and as submitted supra, the additions made by the ld.AO are on account

SHRI JITENDRA KUMAR AGARWAL,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, appeal of the assessee is dismissed and that of the revenue is also stands dismissed

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

section (1).” It is evident from the plain reading of heading of section 115BBE itself that the provisions of this section are applicable only to incomes referred to in section 68, Shri Jitendra Kumar Agarwal vs. DCIT 69, 69A, 69B,69C or 69D, and as submitted supra, the additions made by the ld.AO are on account

DCIT, CC-2,, JAIPUR vs. SHRI NATH CORPORATION , JAIPUR

In the result, appeal of the assessee and that of the revenue stands

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

section 145(3). However, at the same time we also note that ld. CIT(A) has rightly noted that considering the various instances of unaccounted sales related to assessee firm, we also noticed from seized documents found in the group Shrinath Corporation vs. DCIT, Central Circle-02, Jaipur cases and accordingly we see no reason to differ with

M/S. SHRI NATH CORPORATION,JAIPUR vs. DCIT, C.C.-2, JAIPUR

In the result, appeal of the assessee and that of the revenue stands

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

section 145(3). However, at the same time we also note that ld. CIT(A) has rightly noted that considering the various instances of unaccounted sales related to assessee firm, we also noticed from seized documents found in the group Shrinath Corporation vs. DCIT, Central Circle-02, Jaipur cases and accordingly we see no reason to differ with

SH. SANJAY BAIRATHI ,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

In the result, grounds taken by Revenue are dismissed

68, 69, 69A, 69B or 69C has to be taxed under any one of the above five heads. If such income can’t be linked to any of the first four heads as provided in section 14, it has to be assessed under the fifth head i.e. income from other sources. Section 56 (1) also provides that income

SITARAM BADRI NARAIN MAWAWALE,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

68 of the Act, hence Section 115BBE of the Act is not applicable on the taxable income of the appellant. 22 Sitaram Badri Narain Mawawale vs. ACIT Without prejudice to the above it is submitted that the assessment order also undoubtedly speaks that no show cause notice for invoking the provision of section 115 BBE has been issued

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.”

68 or for that matter section 69A. This aspect has been deliberated upon by the Hon'ble Supreme Court in numerous decisions. Relevant portion from following case laws are extracted below: i. Sreelekha Banerjee v CIT (1963) 49 1TR 112