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

1,73,56,000/- found credits into the cash book\nwas considered as unexplained cash credits as per provision of section 68

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)

1. passed under section 143(3) of the Income tax Act by the learned AO and confirmed by the learned CIT A is ab initio Void and is liable to be quashed 2. That in the facts and circumstances of the case and in law the learned CIT (A) has erred in confirming the order of the learned

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 /

1. passed under section 143(3) of the Income tax Act by the learned AO and confirmed by the learned CIT A is ab initio Void and is liable to be quashed 2. That in the facts and circumstances of the case and in law the learned CIT (A) has erred in confirming the order of the learned

ITO, WAR-4(1), JAIPUR vs. SHRI AMIT AGARWAL, JAIPUR

In the result, this appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

68 of the Act. The Tribunal had applied the principles enunciated by the Apex Court in T.V. Sundariam Iyengar &Sons's case (supra) where the amount which was initially of capital nature but had changed its character to be of revenue nature, it was treated to be taxable income of the assessee. Thus, the amount of Rs. 1

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

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 of the Act has held that the opinion of the assessing officer for not accepting the explanation offered by the assessees 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

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

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

ACIT(EXEMPTION), JAIPUR vs. MAHIMA SHIKSHA SAMITI, JAIPUR

In the result, all the grounds taken by the Revenue are dismissed and ground taken by the assessee society is allowed

1 April 2018 that where such donations are made with specific directions to form part of corpus of the recipient entity, it will not be considered as application of income in the hands of the donor entity. However, the donations with no specific directions to the recipient entity continue to be eligible as application of income. 48. In the instant

DCIT, JAIPUR vs. RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD, JAIPUR

In the result the appeal of the revenue in ITA No

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

56(i)(ccv) of the Banking Regulations Act, 1949, defines a primary co-operative society bank as the meaning of co-operative society. Therefore, a Co-operative Society Bank would be included in the words co-operative society'. 10. Admittedly, the interest which the assessee respondent had earned was from a Co- operative Society Bank. Therefore, according

DCIT, JAIPUR vs. RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD, JAIPUR

In the result the appeal of the revenue in ITA No

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

56(i)(ccv) of the Banking Regulations Act, 1949, defines a primary co-operative society bank as the meaning of co-operative society. Therefore, a Co-operative Society Bank would be included in the words co-operative society'. 10. Admittedly, the interest which the assessee respondent had earned was from a Co- operative Society Bank. Therefore, according

DCIT, JAIPUR vs. RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD, JAIPUR

In the result the appeal of the revenue in ITA No

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

56(i)(ccv) of the Banking Regulations Act, 1949, defines a primary co-operative society bank as the meaning of co-operative society. Therefore, a Co-operative Society Bank would be included in the words co-operative society'. 10. Admittedly, the interest which the assessee respondent had earned was from a Co- operative Society Bank. Therefore, according

SHRI KALYAN BUILDMART PVT. LTD,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, JAIPUR, JAIPUR

Bench: The Date Of Hearing.”

56(2)(viib) and not with reference section 68. Ld. AO had no jurisdiction to make enquires u/s 68. Accordingly, ld. AO appropriately did not transgress his jurisdiction. His action was well in accordance with the law. 4. The assessment was completed on the basis of exhaustive enquiries made by ld. AO and detailed submissions along with relevant documents

M/S. SHRI NATH CORPORATION,JAIPUR vs. DCIT, C.C.-2, JAIPUR

In the result, appeal of the assessee and that of the revenue stands

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

68 of Act and resultantly addition of Rs. 1,56,63,325/- is being made and added to the total taxable income of the assessee and taxed at the rate of 60 % as provision u/s 115BBE. 3.2 Further in the assessment proceedings ld. AO found various defects in the books of account of assessee were

DCIT, CC-2,, JAIPUR vs. SHRI NATH CORPORATION , JAIPUR

In the result, appeal of the assessee and that of the revenue stands

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

68 of Act and resultantly addition of Rs. 1,56,63,325/- is being made and added to the total taxable income of the assessee and taxed at the rate of 60 % as provision u/s 115BBE. 3.2 Further in the assessment proceedings ld. AO found various defects in the books of account of assessee were

INCOME TAX OFFICER, WARD-2(2), JAIPUR vs. M/S. TRUGOLD BUILDTECH PRIVATE LIMITED, JAIPUR

In the result, appeal of the revenue is allowed for statistical purposes in terms indicated hereinabove

1) of the Act, though a specific provision was inserted in subsection 2 of section 56 subsequently. However, the AO has made an addition of Rs. 73,50,000/- u/s 68

ANSHU SAHAI (HUF), JAIPUR,JAIPUR vs. ACIT, CENTRAL CIRCLE 2, JAIPUR, JAIPUR

section \n115BBE. \n\n5. The Assessee craves its right to add, amend or alter any of the grounds \non or before the date of hearing. \n\n5. Succinctly, the facts as culled out from the records are that a search \nand seizure action u/s 132 of the Income Tax Act, 1961 (\"the Act\") and/or \nsurvey action u/s 133A