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 cannot be applied to the income which is already recorded in the books of account and the source of receipt is explained out of the stock already available with the assessee. To support these contentions the ld. AR of the assessee has relied upon the following case laws : 30 Mahesh Kumar Gupta vs ACIT, Circle-04, Jaipur

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

section 68 of\nthe Act is correct and required to be sustained.\n9. In the rejoinder, the Id. AR of the assessee stated that the principles\nof probabilities falls enquiry of the assessee, the assessee has received\nadvances and notices issued in majority of the cases have been served\nand replies were also received and therefore, the decision

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

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

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 of the Act. Submission:- 9. The Appellant is a civil contractor and carries on the business with his proprietary concern M/s Radhakishan, having registration with PWD, Rajasthan in AA class category. Project road work “Widening and Strengthen to two lane with paved shoulder of Nimbi Jodha-Degana-Merta city section of NH-458 from km.0.000 to km.139.900

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 of the Act. Submission:- 9. The Appellant is a civil contractor and carries on the business with his proprietary concern M/s Radhakishan, having registration with PWD, Rajasthan in AA class category. Project road work “Widening and Strengthen to two lane with paved shoulder of Nimbi Jodha-Degana-Merta city section of NH-458 from km.0.000 to km.139.900

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

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

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 and 69 of the Act makes it clear that in the case of section 58. there should be credit

ASHISH BHARGAVA,JAIPUR vs. DCIT, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

section 68: The onus to prove the identity, genuineness and creditworthiness was on the assessee and it failed to discharge it. Therefore, the amount of Rs. 1,26,72,500/- which is cash deposited in the bank during the period of demonetization is considered as unexplained cash credits……” Findings of the Ld. CIT(A): (Para 7 on Page

ACIT CENTRAL CIRCLE-1 , JAIPUR vs. MAHENDRA KUMAR AGARWAL, JAIPUR

In the result, appeal of the revenue is dismissed

section 68 of the Act while the provisions of 68 as such are not applicable on the sale transactions recorded in the books of accounts because the sale transaction are already part of the income which is already credited in Profit & Loss Account, therefore there is no occasion to again consider the same as income of the appellant

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeal of the assessee in ITA No

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

58-64 Exhibit 10 Page 1 PB Volume II Part II 2017-18 Sales Rs.2,35,50,916 to 36 587-725 2016-17 Sales Rs.28,200 2015-16 Sales Rs.2,68,920 28 64 Exhibit 11 Page 15 PB Volume I Part I 2016-17 Sales Rs.1,48,64,897 to 38 137-180 2017-18 Sales Rs.49

M/S. ROYAL JEWELLERS,JAIPUR vs. DCIT, CENTRAL CIRCLE, JAIPUR

In the result, appeal of the assessee in ITA No

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

58-64 Exhibit 10 Page 1 PB Volume II Part II 2017-18 Sales Rs.2,35,50,916 to 36 587-725 2016-17 Sales Rs.28,200 2015-16 Sales Rs.2,68,920 28 64 Exhibit 11 Page 15 PB Volume I Part I 2016-17 Sales Rs.1,48,64,897 to 38 137-180 2017-18 Sales Rs.49

M/S. ROYAL JEWELLERS,JAIPUR vs. DCIT, CENTRAL CIRCLE, JAIPUR

In the result, appeal of the assessee in ITA No

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

58-64 Exhibit 10 Page 1 PB Volume II Part II 2017-18 Sales Rs.2,35,50,916 to 36 587-725 2016-17 Sales Rs.28,200 2015-16 Sales Rs.2,68,920 28 64 Exhibit 11 Page 15 PB Volume I Part I 2016-17 Sales Rs.1,48,64,897 to 38 137-180 2017-18 Sales Rs.49

M/S. ROYAL JEWELLERS,JAIPUR vs. DCIT, CENTRAL CIRCLE, JAIPUR

In the result, appeal of the assessee in ITA No

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

58-64 Exhibit 10 Page 1 PB Volume II Part II 2017-18 Sales Rs.2,35,50,916 to 36 587-725 2016-17 Sales Rs.28,200 2015-16 Sales Rs.2,68,920 28 64 Exhibit 11 Page 15 PB Volume I Part I 2016-17 Sales Rs.1,48,64,897 to 38 137-180 2017-18 Sales Rs.49

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeal of the assessee in ITA No

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

58-64 Exhibit 10 Page 1 PB Volume II Part II 2017-18 Sales Rs.2,35,50,916 to 36 587-725 2016-17 Sales Rs.28,200 2015-16 Sales Rs.2,68,920 28 64 Exhibit 11 Page 15 PB Volume I Part I 2016-17 Sales Rs.1,48,64,897 to 38 137-180 2017-18 Sales Rs.49