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 /

section 68 on income of Rs. 6,45,810/- surrendered by the assessee in revised computation which is again illegal and deserves to be deleted. 5

SUWALKA AND SUWALKA PROPERTIES AND BUILDERS PVT LTD,KOTA, RAJASTHAN vs. ACIT, CENTRAL CIRLCE, KOTA, KOTA, RAJASTHAN

Bench: Him Challenging The 2 Suwalka & Suwalka Properties & Builders Pvt. Ltd. Vs. Acit Assessment Order Dated 22.12.2019 Passed U/S.143(3)Of The Income Tax

45,44,415/- were treated as genuine sales and taxed at normal rate of taxation as business receipts and part of the cash sales Rs. 2,64,00,000/- was treated as unexplained cash credit u/s 68 of ld CIT(A)/ unexplained money etc u/s 69A by the ld AO taxed as special rate of taxation u/s 115BBE. The only

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)

45,067. Out of the total cash sales, cash sales amounting to Rs. 80,00,000 has been found to be non-genuine and added under section 68 of the Act. Explanation offered to substantiate the cash sales has been arbitrarily rejected without holding that the sales is duly recorded in the books and is also supported

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)

45,64,700, thereby resulting into addition of Rs. 4,35,91,454 under Section 68and also invoking the provisions of Section 115BBE. 2. Against the order passed by ld. AO, assessee preferred first appeal. Vide order under section 250 dated 29/07/2025, Ld. CIT (A), Jaipur –5 in Appeal No. CIT(A), Jaipur 1/10987/2019-20, dismissed the appeal

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

In the result, appeal of the revenue is dismissed

68,00,000/-without appreciating the fact that the assessee has not maintained any books of accounts and also failed to provide name, PAN, address of the persons with whom the loans were said to be taken." 4. "On the facts and circumstances of the case and in law the Ld.CIT(A) has erred in deleting the addition made

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

In the result, appeal of the revenue is dismissed

68,00,000/-without appreciating the fact that the assessee has not maintained any books of accounts and also failed to provide name, PAN, address of the persons with whom the loans were said to be taken." 4. "On the facts and circumstances of the case and in law the Ld.CIT(A) has erred in deleting the addition made

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

In the result, appeal of the revenue is dismissed

68,00,000/-without appreciating the fact that the assessee has not maintained any books of accounts and also failed to provide name, PAN, address of the persons with whom the loans were said to be taken." 4. "On the facts and circumstances of the case and in law the Ld.CIT(A) has erred in deleting the addition made

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

In the result, appeal of the revenue is dismissed

68,00,000/-without appreciating the fact that the assessee has not maintained any books of accounts and also failed to provide name, PAN, address of the persons with whom the loans were said to be taken." 4. "On the facts and circumstances of the case and in law the Ld.CIT(A) has erred in deleting the addition made

ASSISSTANT COMMISSIONER OF INCOME TAX, AJMER vs. SHREE CEMENT LTD, BEAWAR

Accordingly, the same is dismissed

45. Hon’ble High Court in the case of CIT-III, Chennai Vs. Metal & Chromium Plater Private Limited reported at 76 taxmann.com 229 (Madras) has held that \"6. The allowance or otherwise of the claim under Section 54AC has to be seen in the context of the provisions of Section 115JB which is a self contained code

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

In the result, the appeal of the assessee is dismissed

45) defines "total income" as 'the total income referred to in section 5, computed in the manner laid down in the Act'. It is relevant to note that the principal charging section 4 makes the 'total income of the previous year' subject to the charge of income-tax. Section 5 defines the scope of total income referred

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 to 69A are made. Penal statutes which have the effect of increasing penalties for existing offenses will only be prospective by reason of the constitutional restriction imposed by Article 20 of the Constitution of India. Therefore, if an Act creates a new offense, it will bring into its fold only those offenders who commit all ingredients

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 and 69A of the Act. 4. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in applying Section 69A of the Income Tax Act, 1961. 5. The Appellate prays to leave, to add, to alter, amend, the aforesaid grounds of appeal at or before the time of hearing of appeal

M/S RAMAVTAR KRISHANAVTAR,KOTA vs. INCOME TAX OFFICER, KOTA

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

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

45 taxmann.com 352 (Mumbai - Trib.) Section 43(5) of the Income-tax Act, 1961 Speculative transaction Assessment year 2009-10 Transactions done by assessee in commodity derivatives related to financial year 2008-09 Provision of clause (e) of proviso to section 43(5) holding such transaction to be non-speculative in nature, was inserted only with effect from

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

5 ITA 13/JP/2020_ Dr. Vishan Swaroop Gupta Vs ITO 6.1 Opening Cash Balance — Rs 3,38,000 (a) The Assessing Officer has made an addition of Rs 3,38,000 as unexplained cash credit of the opening cash balance of Rs 3,38,000 shown by the appellant. (b) The appellant submits that — (i) he is 64 years

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT ASSESSMENT CENTRE, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, AJMER, AJMER

68,58,639/-\n5. That on the facts and in the circumstances of the case, the Ld. CIT (Appeals), was not justified and erred in law in not considering incentives amounting to Rs. 6,20,91,72,703/- granted to the appellant as capital receipt which are not exigible to tax while computing total income under normal provisions

PRADEEP VATRANA,ALWAR vs. DCIT, ALWAR

In the result, the appeal filed by the assessee is allowed for statistical purposes

68,080/- which included long term capital gain of Rs.32,73,855/- after claiming deduction u/s 54 of Rs. 20 lakhs. 2.1 In course of assessment proceedings, assessee explained that he was having a land at Khasra Nos. 9, 12, 26 and 27 at Village Livari, Ajmer which was purchased by him for Rs. 4,40,000/- from Shri Madan