SHREE DURGA JEWELLERS,JAWAHAR NAGAR JAIPUR vs. AO CIRCLE 4 JAIPUR, CR BUILDING JAIPUR

In the result, the appeal of the assessee is allowed

144 ITR 140. It is evident from\nthese judicial rulings that trade advances or cash received against which goods is\nsupplied subsequently is not a cash credit as contemplated by section 68.\nIdentification of buyers\nSo far as identification of buyers are concerned, assessee has furnished full detail\nof names and addresses along with their PIN code numbers. (Copy

MAHESH KUMAR GUPTA,JAIPUR vs. ACIT ,CIRCLE-4, JAIPUR

In the result, appeal of the assessee is allowed

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

section 68 cannot be applied to the income which is already recorded in the books of account and the source of receipt is explained out of the stock already available with the assessee. To support these contentions the ld. AR of the assessee has relied upon the following case laws : 30 Mahesh Kumar Gupta vs ACIT, Circle-04, Jaipur

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)

144 of the Act and therefore the order passed by the CIT(A) is in violation of section 251 of the Act. 2. Ground Based on facts and circumstances of the case and in law, the AO has erred in taxing amount of Rs 6,26,68,011 under section 68 of the Act as unexplained credits disregarding

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)

144 of the Act and therefore the order passed by the CIT(A) is in violation of section 251 of the Act. 2. Ground Based on facts and circumstances of the case and in law, the AO has erred in taxing amount of Rs 6,26,68,011 under section 68 of the Act as unexplained credits disregarding

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

NITIN VIJAY,JAIPUR vs. ITO WARD 1(4), JAIPUR, JAIPUR

section 68 of the Act as the same cannot be\nmade without rejecting the books of account of the assessee\nregularly maintained by the assessee and the said cash deposited is\nduly supported by the entries passed in the books of account and\npart of the sale accepted by the AO.\n2.23.ii. ACIT Central Circle-1 vs. Shri Mahendra

SHRI RAI SINGH SIHAG,JAIPUR vs. INCOME TAX OFFICER, WARD-3-1, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 441/Jp/2019 Assessment Year: 2007-08 Shri Rai Singh Sihag, Cuke I.T.O. Vs. B-105, Vaishali Nagar, Ward- 3(1), Jaipur. Jaipur. Pan No.: Bgvps 4485 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Ashok Kr. Gupta & Shri S.L. Jain (Advs.) Jktlo Dh Vksj Ls@ Revenue By :Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/11/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 15/11/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 13/07/2017 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. The Reasons For Reopening Of The Assessment Not Valid :- That On The Facts & In The Circumstances Of The Case Ld. Ao Has Grossly Erred In Law & Facts In Invoking Action U/S 147.The Notice For Reassessment Is So Hastily Issued Without Examining The Correct Factual & Legal Position. The Action For Reassessment Is Often Made Without Application Of Mind Fairly & Objectively The Ao. Lakhmani Mewal Das 103 Itr 437 (Sc)

section can be invoke where any sum is found credited in the books of an assessee maintained for the any previous year, and the assessee offers no explanation. 6. Explanation & Evidence not Appreciated :- That on the facts and in the circumstances of the case Ld. CIT(A) has grossly erred in law and facts in not appreciating explanation

MARIE PRODUCTS PRIVATE LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 7, JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

144 of the self same date are hereby quashed and set aside giving the permission to the respondent to issue a fresh show cause notice. All contentions available under the law would be open for the petitioner to be raised in the fresh proceedings.” • Trendsutra Client Services Pvt. Ltd. Vs. ACIT and Ors. (2021) 112 CCH 0242 MumHC: Relevant extracts

JITENDRA KUMAR TAHILRAMANI,JAIPUR vs. ITO WARD-2, JAIPUR., JAIPUR

Bench: Him.

144. Thus, it is clear from the above provision of the Act that the ld. AO or ld. CIT(A) may proceed under Section 145(3) under any of the following circumstances : • Where he is not satisfied about the correctness or completeness of the accounts; or • Where method of accounting cash or mercantile has not been regularly followed

SHRI GOVIND NARAIN JOHARI,JAIPUR vs. DCIT, CENTRAL CIRCLE-3, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Although The Second Round Of Assessment Was Completed At The Directions Of Hon’Ble Itat.

68 of the Income Tax Act, 1961 without any cogent reason and hence needs to deleted. 4. On the facts and circumstances of the case, the ld. CIT (A) has grossly erred in confirming the disallowance made by the ld. AO of Rs. 18,62,147/- out of interest and bank charges without considering the submissions made and evidences adduced

BALAJI JEWELLERS ,JAIPUR vs. ACIT CC -4, JAIPUR

In the result, the appeal of the assessee is allowed

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

68 alleging that cash found during the course of search/seizure is not backed by valid Books of accounts as it has been rejected, but without bringing any cogent material in support of his contention and without bringing corroborative evidence and without considering the materials and explanations available on records in their true perspective and sense, therefore invocation of Section

UPENDRA KUMAR SONI,KOTA vs. ACIT, CENTRAL CORCLE-KOTA, KOTA

In the result, both the appeals of the assesee are allowed for statistical purposes

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

144 read with section 153A of the Act without providing sufficient opportunity of being heard which is against the principal of natural justice and is illegal and bad in law. 3. That on the law and in the facts and in the circumstances of the case the learned Assessing Officer grossly erred in making additions in the absence

UPENDRA KUMAR SONI,KOTA vs. ACIT, CENTRAL CIRCLE-KOTA, CENTRAL CIRCLE, KOTA

In the result, both the appeals of the assesee are allowed for statistical purposes

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

144 read with section 153A of the Act without providing sufficient opportunity of being heard which is against the principal of natural justice and is illegal and bad in law. 3. That on the law and in the facts and in the circumstances of the case the learned Assessing Officer grossly erred in making additions in the absence

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

68 on account of unexplained cash credits and addition made of Rs. 3,50,150 by invoking section 145(3) without finding any defects in the books of accounts and by ignoring the fact that accounts of the appellant have been duly audited and all the details of cash credit have been duly submitted. 30. That the appellate authority

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

68 on account of unexplained cash credits and addition made of Rs. 3,50,150 by invoking section 145(3) without finding any defects in the books of accounts and by ignoring the fact that accounts of the appellant have been duly audited and all the details of cash credit have been duly submitted. 30. That the appellate authority

PRINCESS INFRA & DEVELOPMENT LLP,KOTA vs. ACIT-CENTRAL CIRCLE-KOTA, KOTA

In the result, both the appeals of the assesseeare allowed for statistical purposes as indicate hereinabove

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

3 and 4 of appeal relates to addition under section 68 of the Act on account of unsecured loan of Rs. 8,10,00,000/- and partners capital introduced of Rs. 10,00,000/- after treating the same as unexplained cash credits 7.1 At the time of passing of assessment order u/s 144

PRINCESS INFRA & DEVELOPMENT LLP,KOTA vs. ACIT-CENTRAL CIRCLE-KOTA , KOTA

In the result, both the appeals of the assesseeare allowed for statistical purposes as indicate hereinabove

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

3 and 4 of appeal relates to addition under section 68 of the Act on account of unsecured loan of Rs. 8,10,00,000/- and partners capital introduced of Rs. 10,00,000/- after treating the same as unexplained cash credits 7.1 At the time of passing of assessment order u/s 144

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

In the result, the appeal of the assessee is allowed

144 r.w.s 144B of the Income 2 RSD Containers Pvt Ltd. vs ITO Tax Act, 1961 [ for short “Act”] which was passed by the Assessment Unit of Income Tax Department [ for short AO]. 2. In this appeal, the assessee has raised the following grounds: - “1. That the whole proceedings u/s 147/148 are liable to be held as null and void

PADMAVATI AGRICO (INDIA) PVT LTD,AJMER vs. ACIT CIRCLE - 1, AJMER

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

144 of the Act after making addition to the tune of Rs.60,00,000/- viz. entire amount of share application money by treating the same as Unexplained cash credit u/s 68. Aggrieved of the addition so made by ld.AO, assessee has preferred appeal before ld. CIT(A), wherein ld. CIT(A) arbitrarily dismissed the appeal of assessee without considering