KANAK KUMAR JAIN L/H OF PARTNER OF M/S. KESARIYAJI FILLING STATION,UDAIPUR vs. DCIT, CIRCLE-1, UDAIPUR

63 to 67/JODH/2020 Assessment Years : 2011-12 to 2015-16. Kanak Kumar Jain Vs. The DCIT, L/H of Partner of M/s. Keshariyaji Circle-1, Filling Station, Udaipur. NH-8, Rishabdev, Uaipur. PAN/GIR No. AABFK2499L Appellant Respondent Assessee by: Shri Rakesh Lodha (CA) Revenue by: Shri Karni Dan, Addl. CIT Date of Hearing: 06/02/2025 Date of Pronouncement: 01/05/2025 ORDER

KANAK KUMAR JAIN L/H OF PARTNER OF M/S. KESARIYAJI FILLING STATION,UDAIPUR vs. DCIT, CIRCLE-1, UDAIPUR

63 to 67/JODH/2020 Assessment Years : 2011-12 to 2015-16. Kanak Kumar Jain L/H of Partner of M/s. Keshariyaji Filling Station, NH-8, Rishabdev, Uaipur. PAN/GIR No. AABFK2499L Appellant Vs. The DCIT, Circle-1, Udaipur. Respondent Assessee by: Shri Rakesh Lodha (CA) Revenue by: Shri Karni Dan, Addl. CIT Date of Hearing: 06/02/2025 Date of Pronouncement: 01/05/2025 ORDER

KANAK KUMAR JAIN L/H OF PARTNER OF M/S. KESARIYAJI FILLING STATION,UDAIPUR vs. DCIT, CIRCLE-1, UDAIPUR

63 to 67/JODH/2020 Assessment Years: 2011-12 to 2015-16. Kanak Kumar Jain Vs. The DCIT, Circle-1, Udaipur. L/H of Partner of M/s. Keshariyaji Filling Station, NH-8, Rishabdev, Uaipur. PAN/GIR No. AABFK2499L Appellant Respondent Assessee by: Shri Rakesh Lodha (CA) Revenue by: Shri Karni Dan, Addl. CIT Date of Hearing: 06/02/2025 Date of Pronouncement: 01/05/2025 ORDER

KANAK KUMAR JAIN L/H OF PARTNER OF M/S. KESARIYAJI FILLING STATION,UDAIPUR vs. DCIT, CIRCLE-1, UDAIPUR

63 to 67/JODH/2020 Assessment Years : 2011-12 to 2015-16. Kanak Kumar Jain L/H of Partner of M/s. Keshariyaji Filling Station, NH-8, Rishabdev, Uaipur. PAN/GIR No. AABFK2499L Appellant Vs. The DCIT, Circle-1, Udaipur. Respondent Assessee by: Shri Rakesh Lodha (CA) Revenue by: Shri Karni Dan, Addl. CIT Date of Hearing: 06/02/2025 Date of Pronouncement: 01/05/2025 ORDER

DAWOODI BOHRA JAMAT,UDAIPUR vs. ITO WARD EXEMPTION UDAIPUR, UDAIPUR

In the result, appeal of the assessee is allowed

Bench: DR. MITHA LAL MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

63 ITR (Trib) 0484 (Delhi) Reassessment—Income escaping assessment—Validity thereof—Case of assessee was selected for scrutiny as per provisions of section

VINOD (RATAN) SUHALKA,UDAIPUR vs. ACIT, CENTRAL CIRCLE-1, UDAIPUR

In the result, the appeals of the assessee are allowed

Bench: Shri B. R. Baskaran & Shri Sandeep Gosain

63. In the light of what is stated above, what emerges is as under: (a) Penalty under Section 271(1)(c) is a civil liability. (b) Mens rea is not an essential element for imposing penalty for breach of civil obligations or liabilities. (c) Willful concealment is not an essential ingredient for attracting civil liability. 13 VINOD (RATAN) SUHALKA

VIKRAM ANJANA,PRATAPGARH vs. ACIT, CIRCLE, CHITTORGARH

In the result, the appeal of the assessee is allowed

Bench: Shri N.K. Sainishri Vikram Anjana, Vs The Acit, Vill - Kesunda, Circle-Chittorgarh Tehsil Chhotisadri, Pratapgarh (Raj.) 312604

63. In the light of what is stated above, what emerges is as under: a) Penalty under Section 271(1)(c) is a civil liability. b) Mens rea is not an essential element for imposing penalty for breach of civil obligations or liabilities. c) Willful concealment is not an essential ingredient for attracting civil liability. d) Existence of conditions stipulated

SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

reassessment proceedings an invalid........” iv] On the identical facts the Hon’ble ITAT Agar Bench in the case of Shri. Raj Singh Vs ITO (ITAT Agra) ITA No. 408/Agra/2018 Date of Order : 22/03/2019 "29. The text of the reasons recorded do proves that virtually there has been no application of mind by the learned Assessing officer so as to form

SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

reassessment proceedings an invalid........” iv] On the identical facts the Hon’ble ITAT Agar Bench in the case of Shri. Raj Singh Vs ITO (ITAT Agra) ITA No. 408/Agra/2018 Date of Order : 22/03/2019 "29. The text of the reasons recorded do proves that virtually there has been no application of mind by the learned Assessing officer so as to form

INDU BALA PORWAL,UDAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRE CIRCLE-1, UDAIPUR, UDAIPUR

In the result, ground no 5, 9 and 11 appeal is also allowed in favor as indicated above

Bench: DR. MITHA LAL MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during search under section 132 or requisition under section 132A of the Act, 1961 in the case of the assessee. 37. The Ld. AR further

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

63,834/- 10,38,94,812/- Whereas in the "Total" column in the seized document, the yearwise gross receipts are FY 2010-11 2011-12 Total receipts noted in seized document in 5,82,45,480/- 1.02E+08 (total Column) However, in the "Total" column in the seized document the year wise gross receipts are noted

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

63,834/- 10,38,94,812/- Whereas in the "Total" column in the seized document, the yearwise gross receipts are FY 2010-11 2011-12 Total receipts noted in seized document in 5,82,45,480/- 1.02E+08 (total Column) However, in the "Total" column in the seized document the year wise gross receipts are noted

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

63,834/- 10,38,94,812/- Whereas in the "Total" column in the seized document, the yearwise gross receipts are FY 2010-11 2011-12 Total receipts noted in seized document in 5,82,45,480/- 1.02E+08 (total Column) However, in the "Total" column in the seized document the year wise gross receipts are noted

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

63,834/- 10,38,94,812/- Whereas in the "Total" column in the seized document, the yearwise gross receipts are FY 2010-11 2011-12 Total receipts noted in seized document in 5,82,45,480/- 1.02E+08 (total Column) However, in the "Total" column in the seized document the year wise gross receipts are noted

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

63,834/- 10,38,94,812/- Whereas in the "Total" column in the seized document, the yearwise gross receipts are FY 2010-11 2011-12 Total receipts noted in seized document in 5,82,45,480/- 1.02E+08 (total Column) However, in the "Total" column in the seized document the year wise gross receipts are noted

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

63,834/- 10,38,94,812/- Whereas in the "Total" column in the seized document, the yearwise gross receipts are FY 2010-11 2011-12 Total receipts noted in seized document in 5,82,45,480/- 1.02E+08 (total Column) However, in the "Total" column in the seized document the year wise gross receipts are noted

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

63,834/- 10,38,94,812/- Whereas in the "Total" column in the seized document, the yearwise gross receipts are FY 2010-11 2011-12 Total receipts noted in seized document in 5,82,45,480/- 1.02E+08 (total Column) However, in the "Total" column in the seized document the year wise gross receipts are noted

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

63,834/- 10,38,94,812/- Whereas in the "Total" column in the seized document, the yearwise gross receipts are FY 2010-11 2011-12 Total receipts noted in seized document in 5,82,45,480/- 1.02E+08 (total Column) However, in the "Total" column in the seized document the year wise gross receipts are noted