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)

83,340, thereby resulting into addition of Rs. 80,00,000. Ld. AO while passing the order made additions under Section 68

SANJAY LUNIA,AJMER vs. ITO WD-2(1), AJMER

In the result, the appeal filed by the assessee is allowed

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

68, 69, 69A, 69B, 69C or 69D), its taxability cannot be determined in terms of section 115BBE. In the circumstances, it is humbly submitted that the action of ld. CIT(A) in confirming the addition of Rs.16,52,000/- made by ld. AO without appreciating the details and evidences filed, deserves to be deleted

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

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

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. 5. Aggrieved from the order of Assessing Officer, assessee preferred an appeal before the ld. CIT(A). Apropos to the grounds raised by the assessee the relevant finding of the ld. CIT(A)/NFAC is reiterated here in below: “6. Decision: 6.1 I have gone through the order passed by the AO, submissions of the appellant

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. 5. Aggrieved from the order of Assessing Officer, assessee preferred an appeal before the ld. CIT(A). Apropos to the grounds raised by the assessee the relevant finding of the ld. CIT(A)/NFAC is reiterated here in below: “6. Decision: 6.1 I have gone through the order passed by the AO, submissions of the appellant

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

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

In the result, appeal of the revenue is dismissed

section 143(2) of Income Tax Act 1961 was issued on 09-08-2018. The assessee deposited Rs. 1,41,32,000/- in demonetized currency during the demonetization period 09.11.2016 to 31.12.2016. The AO made the addition of Rs. 1,41,32,000/- and the assessment of the assessee was completed by AO vide her order dated

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)

68,920/- made by ld.AO on account of unrecorded sales computed on the basis of loose papers found, and thus addition was restricted to Rs.26,031/-. A.Y. 2016-17: - GP rate of 9.06% was applied as against 7.93% declared by assessee. Accordingly, Trading Addition was restricted to Rs.8,12,514/-. - Addition of Rs.2,72,61,475/- made by ld.AO

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)

68,920/- made by ld.AO on account of unrecorded sales computed on the basis of loose papers found, and thus addition was restricted to Rs.26,031/-. A.Y. 2016-17: - GP rate of 9.06% was applied as against 7.93% declared by assessee. Accordingly, Trading Addition was restricted to Rs.8,12,514/-. - Addition of Rs.2,72,61,475/- made by ld.AO

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)

68,920/- made by ld.AO on account of unrecorded sales computed on the basis of loose papers found, and thus addition was restricted to Rs.26,031/-. A.Y. 2016-17: - GP rate of 9.06% was applied as against 7.93% declared by assessee. Accordingly, Trading Addition was restricted to Rs.8,12,514/-. - Addition of Rs.2,72,61,475/- made by ld.AO

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)

68,920/- made by ld.AO on account of unrecorded sales computed on the basis of loose papers found, and thus addition was restricted to Rs.26,031/-. A.Y. 2016-17: - GP rate of 9.06% was applied as against 7.93% declared by assessee. Accordingly, Trading Addition was restricted to Rs.8,12,514/-. - Addition of Rs.2,72,61,475/- made by ld.AO

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)

68,920/- made by ld.AO on account of unrecorded sales computed on the basis of loose papers found, and thus addition was restricted to Rs.26,031/-. A.Y. 2016-17: - GP rate of 9.06% was applied as against 7.93% declared by assessee. Accordingly, Trading Addition was restricted to Rs.8,12,514/-. - Addition of Rs.2,72,61,475/- made by ld.AO

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)

68,920/- made by ld.AO on account of unrecorded sales computed on the basis of loose papers found, and thus addition was restricted to Rs.26,031/-. A.Y. 2016-17: - GP rate of 9.06% was applied as against 7.93% declared by assessee. Accordingly, Trading Addition was restricted to Rs.8,12,514/-. - Addition of Rs.2,72,61,475/- made by ld.AO

ALOK VIJAWAT,JAIPUR vs. PCIT, UDAIPUR, UDAIPUR

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

83 (SC). 1.2 Also kindly refer CIT v/s Max India Ltd. (2007) 295 ITR 282 (SC) wherein it is held that "The phrase "prejudicial to the interests of the Revenue" in S. 263 of the Income Tax Act, 1961, has to be read in conjunction with the expression "erroneous" order passed by the Assessing Officer. Every loss of revenue