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

In the result, appeal of the revenue is dismissed

68, but since the appellant has not maintained books of accounts, the addition was not sustainable. 11 However, I need to examine the applicability s. 69. 69A. 69B or 69C etc. In this regard, on my query to the appellant, ld. Counsel for the appellant submitted that since there is no finding that the appellant has also incurred certain expenses

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

In the result, appeal of the revenue is dismissed

68, but since the appellant has not maintained books of accounts, the addition was not sustainable. 11 However, I need to examine the applicability s. 69. 69A. 69B or 69C etc. In this regard, on my query to the appellant, ld. Counsel for the appellant submitted that since there is no finding that the appellant has also incurred certain expenses

RAJIV NIGOTIYA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1, JAIPUR

In the result, both the appeals of the assessee are allowed

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

245/- for 19,500 gms considered, as unexplained, by the AO. (vi) Further, the contention of the appellant that the silver items were found to be explained during the course of search is not found to be acceptable in view of the fact that during the course of assessment nor during the current appellate proceedings, the appellant has been able

SANDEEP SETHI ,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1,JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed

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

245/- for 19,500 gms considered, as unexplained, by the AO. (vi) Further, the contention of the appellant that the silver items were found to be explained during the course of search is not found to be acceptable in view of the fact that during the course of assessment nor during the current appellate proceedings, the appellant has been able

RAJENDRA KUMAR AGRAWAL,JAIPUR vs. ACIT CEN CIR 1 , C-SCHEME, JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 68 of the Act. While making the addition ld. AO relied upon the decision of Hon'ble High Court of Delhi in 32 Rajendra Kumar Agrawal vs. ACIT the case of Commissioner of Income Tax-VI Vs. T. S. Kishan & Co. Ltd., [2014] 50 taxmann.com 368 (Delhi). This decision deals with the share capital credit

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)

68 of the Act. The cash deposits being SBNs in bank accounts of the assessee during demonetization period amounting to Rs. 6,76,59,000 are unexplained and alternatively taxable under section 69A of the Act. At the same time, since the sales are found to be bogus to that extent, Rs. 6,76,59,000 shall be reduced

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

68 of the Income Tax Act will be that apart from establishing the identity of the creditor, the assessee must establish the genuineness of the transaction as well as the creditworthiness of the creditors In CIT v. Korlay Trading Co. Ltd. [1998] 232 ITR 820 (Cal.), it was held that mere mention of file number of creditor will not suffice

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

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

68 of the Act is illegal and bad in law. 2. It is submitted that u/s 4 of the Act, income tax is to be charged in respect of total income of the previous year of every person. As per section 5 of the Act income of a person resident in India includes all income from whatever source derived

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

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

68 of the Act is illegal and bad in law. 2. It is submitted that u/s 4 of the Act, income tax is to be charged in respect of total income of the previous year of every person. As per section 5 of the Act income of a person resident in India includes all income from whatever source derived

MILESTONE DEWELLERS PVT. LTD.,JAIPUR vs. ITO WARD 6(2), JAIPUR

In the result, appeal of the assessee is allowed

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

section 68, 69, 69A, 69B, 69C or 69D), It is reiterated that ld. AO made the addition of difference in valuation of cost of construction (of Inventory) by solely relying on the valuation as done by the DVO without considering the fact that the actual cost of construction as declared by the assessee being supported by the relevant bills

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

In the result, grounds taken by Revenue are dismissed

section 69B in terms of investment in undisclosed stock of stones and jewellery. 5.1 Further, in support of his contentions, he relied upon the following decisions: • Dhanush General Stores vs CIT (2012) 20 taxman.com 853 (Chhattisgarh) • Razakbhai R. Arabiani vs ITO (2013) 40 taxman.com 245 (Gujarat) • Vipul Kumar Kiritlal Shah vs ITO (2013) 33 taxman.com 370 (Gujarat) • Krishnamegh Yarn

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

RAGHAV KUMAR DHOOT,JAIPUR vs. DCIT CENTRAL CIRCLE 1, JAIPUR

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

68 or Section 69 or\n69A, 69B or 69C cannot be applied to the receipt and payment of cash loans\nwhen the said cash loans are not referable to either any entries in the Books\nof accounts or to any unaccounted expenditure or to any unexplained investment\nmade by the appellant.\n3.3 On the facts and circumstances

MUKESH KUMAR SARAOGI,CHURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, JAIPUR

The appeal of the assessee is dismissed

68, 69, 69A, 69B, 69C and 694. The same was amended by the 2nd Amendment Act; w.e.f. 01.04.2011, enhancing the rate to 60%. Hence there was no new liability created and the rate of tax merely stood enhanced which is applicable to the assessments carried on in that year. The enhanced rate applies from the commencement of the assessment year

ALOK KUMAR JAIN ,PEARL PLEASURE vs. ACIT CIR-6, JAIPUR, NEW CERNTRAL REVENUE BUILDING, BHAGWAN DASS ROAD, JAIPUR, RAJASTHAN,

Bench: Him.

68 of the Act and burden of proving CIT vs. Durga Prasad More [1971] 82 ITR that apparent is not real. Heavy burden is 540 (SC) required to be discharged by department to prove that apparent is not real. It is trite law that burden of proving that apparent (capital gain claim) is not real (bogus) is on the person

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

section 68 of the Act are not satisfied. However the appellant / Id. AR has submitted ledger account of Kotak Bank loan and made arguments regarding Kotak Bank Loan and contended that bank loan cannot be treated as unexplained and that the substantial entries are matching in the ledger account in Jai Shree Ram and Ambika Garments. Accordingly the addition

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

section 68 of the Act are not satisfied. However the appellant / Id. AR has submitted ledger account of Kotak Bank loan and made arguments regarding Kotak Bank Loan and contended that bank loan cannot be treated as unexplained and that the substantial entries are matching in the ledger account in Jai Shree Ram and Ambika Garments. Accordingly the addition

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.

section 68 of the Act are not satisfied. However the appellant / Id. AR has submitted ledger account of Kotak Bank loan and made arguments regarding Kotak Bank Loan and contended that bank loan cannot be treated as unexplained and that the substantial entries are matching in the ledger account in Jai Shree Ram and Ambika Garments. Accordingly the addition