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)

68 of the Act has held that the opinion of the assessing officer for not accepting the explanation offered by the assessee as not satisfactory is required to be based on proper appreciation of material and other attending circumstances available on record. The court further held that the opinion of the assessing officer is required to be formed objectively with

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

In the result, appeal of the revenue is dismissed

68 as all the circumstantial evidence found in the course of search conducted by the department proves that the money so received is an advance against the sale of agricultural land. The benefit of doubt, thus, goes in favour of the assessee so far as regard the nature of receipt is concerned as section 292C cast an obligation upon

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

In the result, appeal of the revenue is dismissed

68 as all the circumstantial evidence found in the course of search conducted by the department proves that the money so received is an advance against the sale of agricultural land. The benefit of doubt, thus, goes in favour of the assessee so far as regard the nature of receipt is concerned as section 292C cast an obligation upon

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

In the result, appeal of the revenue is dismissed

68 as all the circumstantial evidence found in the course of search conducted by the department proves that the money so received is an advance against the sale of agricultural land. The benefit of doubt, thus, goes in favour of the assessee so far as regard the nature of receipt is concerned as section 292C cast an obligation upon

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

In the result, appeal of the revenue is dismissed

68 as all the circumstantial evidence found in the course of search conducted by the department proves that the money so received is an advance against the sale of agricultural land. The benefit of doubt, thus, goes in favour of the assessee so far as regard the nature of receipt is concerned as section 292C cast an obligation upon

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 does not require that the amount is to be owned by the Assessee. It only deals with any amount shown in the books of accounts of the assessee whereas Section 69A deals with money, etc., owned by the assessee and found in his possession. – d) Riveria Properties (P) Ltd. Vs. ITO (ITAT Mumbai) ITA No. 250/Mum/2013

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 does not require that the amount is to be owned by the Assessee. It only deals with any amount shown in the books of accounts of the assessee whereas Section 69A deals with money, etc., owned by the assessee and found in his possession. – d) Riveria Properties (P) Ltd. Vs. ITO (ITAT Mumbai) ITA No. 250/Mum/2013

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 to 69D has applied Section 115 BBE, which is incorrect as per the relevant scheme. 2.3. Ld. CIT(A) at Page 13 of her order has relied upon the decision of Hon’ble ITAT, Jaipur Bench in the case of Sanjay Bairathi Gems Ltd, ITA No. 157/JP/2017, for the proposition that the amendment brought about in Section

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 to 69D has applied Section 115 BBE, which is incorrect as per the relevant scheme. 2.3. Ld. CIT(A) at Page 13 of her order has relied upon the decision of Hon’ble ITAT, Jaipur Bench in the case of Sanjay Bairathi Gems Ltd, ITA No. 157/JP/2017, for the proposition that the amendment brought about in Section

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)

41,331/- and TDS of Rs.6,26,680/- was deducted which is reflected in Form 26AS of the appellant. Further, addition of Rs.6,26,68,011/- has resulted in double addition as the appellant has already included the said income in its profit and loss account and paid taxes on it and same cannot be added under section

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)

41,331/- and TDS of Rs.6,26,680/- was deducted which is reflected in Form 26AS of the appellant. Further, addition of Rs.6,26,68,011/- has resulted in double addition as the appellant has already included the said income in its profit and loss account and paid taxes on it and same cannot be added under section

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

SHRI HARI NARAIN GATTANI,JAIPUR vs. DCIT, C-4, JAIPUR

In the result, appeal of the assessee is allowed

68, section 69, section 69A, section 69B, section 69C, section 69D and so rightly not invoked provisions of section 115BBE while determining tax payable by assessee on assessment but determined tax payable by assessee at normal tax rates as is evident from assessment order. The AO in the notice u/s 154 issued to assessee

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

KALINDEE ESTATES PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER , JAIPUR

section 68 and added it\nto income of assessee On appeal, Commissioner (Appeals) deleted addition\nOn revenue's appeal to Tribunal, assessee showed that 111 deposits of Rs.\n19,000/- each in cash were made in bank account of 'D' Ltd. which were converted\ninto drafts and in this manner 'D' Ltd. subscribed to share application of assessee\ncompany

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

SHRI RAJESH CHACHWANI,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result, the appeal of the assessee is dismissed

68 of the Act. The reliance placed by the assessee on the decisions are as under :- Mehul V. Vyas vs. Income Tax Officer 164 ITR 296 Income Tax Officer vs. Kamal Kumar Mishra 143 ITD 686 (Lucknow) 4 Shri Rajesh Chachwani, Jaiupr. Thus the ld. A/R has submitted that the income surrendered by the assessee is income from other sources

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)

68 etc. The action of the AO in taxing as per section 115BBE is found to be as per provisions of the IT Act and upheld This ground of appeal is treated as dismissed.’’ Ground No. 6 of the assessee:- Ld. CIT(A)’s findings in respect of grounds of appeal of the assessee. 9.3 I have considered