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 44AB of the Income Tax 9 Mahesh Kumar Gupta vs ACIT, Circle-04, Jaipur Act, 1961. In the Audit, there were no adverse remarks of the Auditor and the Auditor found the underlying evidences, substantiating the transactions recorded in the books of accounts, to be adequate and reasonable. 4.3. Cash sales in the jewellery trade is a normal

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

ABHAY CHORDIA,JAIPUR vs. THE ACIT, JAIPUR

In the result the appeal filed by the assessee is allowed

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

68 read with Section 115BBE by the ld. AO to the amount of cash sales of Rs. 4,35,91,454/- which is duly accounted for in the books of account by the assessee and thereafter this amount deposited by the assessee in his bank accounts, is illegal and deserves to be quashed. Ground of Appeal No. 8 This

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

In the result, appeal of the revenue is dismissed

33. On going through the bunch of evidence where in the holding of land is as much as 230 vighas are in possession and the assessee has placed on records the accounts of the agricultural income, corroborated this income with the seized bills related to these agricultural activities of the assessee. Even the ld. CIT(A) has accepted that

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

In the result, appeal of the revenue is dismissed

33. On going through the bunch of evidence where in the holding of land is as much as 230 vighas are in possession and the assessee has placed on records the accounts of the agricultural income, corroborated this income with the seized bills related to these agricultural activities of the assessee. Even the ld. CIT(A) has accepted that

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

In the result, appeal of the revenue is dismissed

33. On going through the bunch of evidence where in the holding of land is as much as 230 vighas are in possession and the assessee has placed on records the accounts of the agricultural income, corroborated this income with the seized bills related to these agricultural activities of the assessee. Even the ld. CIT(A) has accepted that

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

In the result, appeal of the revenue is dismissed

33. On going through the bunch of evidence where in the holding of land is as much as 230 vighas are in possession and the assessee has placed on records the accounts of the agricultural income, corroborated this income with the seized bills related to these agricultural activities of the assessee. Even the ld. CIT(A) has accepted that

GEETA DEVI AGARWAL,JAIPUR vs. INCOME TAX OFFICER, ITO WD 1(4), JPR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA No. 450/JP/2025 निर्धारण वर्ष / Assessment Year : 2017-18 Badri Lal Agarwal through Legal heir Smt. Geeta Devi G-5, Shyama Residency, Plot No. 7, Purander Ji Ka Bag Moti Doongri Road, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: ALGPA5194C अपीलार्थी / Appellant निर्धारिती की ओर से / Assessee by: Sh. S. B. Natani, CA राजस्व की ओर से / Revenue by : Sh. Gautam Singh Choudhary, JCIT सुनवाई की तारीख /

68 and 115BBE on income already disclosed by the assessee. Ground NO. 5 That in the facts and circumstances of the case and in law the learned CIT Appeal has erred in passing the order in the name of deceased persons in-spite of the fact that this fact was communicated well before in time to the learned

SURENDRA PAL SINGH SAHNI,KOTA vs. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA, KOTA

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

68 and 115BBE on income already disclosed by the assessee. Ground NO. 5 That in the facts and circumstances of the case and in law the learned CIT Appeal has erred in passing the order in the name of deceased persons in-spite of the fact that this fact was communicated well before in time to the learned

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)

68,69,69A,69B,69C or 69D. 12. The ld. DR is heard who has relied on the findings of the lower authorities as regards the addition sustained. As regards the charge of tax u/s. 115BBE he has vehemently argued that provision section 4 being the charging section does not support the contentions of the assessee so raised

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)

68,69,69A,69B,69C or 69D. 12. The ld. DR is heard who has relied on the findings of the lower authorities as regards the addition sustained. As regards the charge of tax u/s. 115BBE he has vehemently argued that provision section 4 being the charging section does not support the contentions of the assessee so raised

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)

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 is 2,65,36,577 is disallowed under section 37(1) of the Income Tax Act as per the discussion

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)

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 is 2,65,36,577 is disallowed under section 37(1) of the Income Tax Act as per the discussion

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 I.T. Act, 1961. As per section 115BBE of the I.T. Act, 1961 no deduction in respect of nay expenditure or allowance shall be allowed to the assessee under any provision of this Act." Accordingly, the Ld AO completed the assessment of the assessee at Rs.6,88,33

DR. VISHAN SWAROOP GUPTA,JAIPUR vs. ITO, WARD-7(3), JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 13/Jp/2020 Fu/Kzkj.K O"Kz@Assessment Year :2015-16 Cuke Dr. Vishan Swaroop Gupta, I.T.O. Vs. Plot No. 2, Scheme No. 2, Arya Ward 7(3) Vihar Colony, Tonk Road, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Abipg 2253 Q Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Rajiv Khandelwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 13/01/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 28/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A)- 3, Jaipur Dated 30/10/2019 For The A.Y. 2015-16 In The Matter Of Order Passed U/S 143(3) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. The Commissioner Of Income Tax (Appeals)-3, Jaipur (Hereinafter Referred To As The Cit(A)) Erred In Upholding The Action Of The Income Tax Officer, Ward 7(3), Jaipur (Hereinafter Referred To As The Assessing Officer) In Making An Addition Of Rs. 4,03,000/- Under Section 68 Of The Act As Alleged Unexplained Cash Deposited In Bank Accounts. 2. The Appellant Contends That On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Ought Not To Have Upheld The Action Of 2

section 68 of the Act. Therefore, on this account itself the impugned addition deserves to be deleted. I hold so." We further find that a similar view had also been arrived at in a 'third member' decision of the Tribunal in the case of Smt. Madhu Raitani Vs. ACIT (2011) 10 taxmann.com 206 (Gauhati) (TM), as well

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)

section 68 and added it to income of assessee – On appeal, Commissioner (Appeals) deleted addition – On revenue’s appeal to Tribunal, assessee showed that 111 deposits of Rs. 19,000/- each in cash were made in bank account of ‘D’ Ltd. which were converted into drafts and in this manner ‘D’ Ltd. subscribed to share capital of assessee company

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

Bench: Him.

section 68 of the Act as the same cannot be made without rejecting the books of account of the assessee regularly maintained by the assessee and the said cash deposited is duly supported by the entries passed in the books of account and part of the sale accepted by the AO. • ACIT Central Circle-1 vs. Shri Mahendra Kumar

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)

68 of the Income-tax Act, 1961 Cash credit (Sundry Creditors) Block Periods 1-4-1990 to 20-6-2000 - Where assessee had shown bogus creditors, profit of assessee should be estimated at a higher rate or a separate addition for creditors should be made [In favour of revenue] The assessee was engaged in construction business. During course of search