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

In the result, both appeals of the assessee are allowed

unexplained and therefore addition of Rs. 13,00,000/- added to 68 of the I.T. Act. 4.4 During the course of assessment proceedings, on going through the computation of total income, it was gathered that during the year interest expenses of Rs. 4,46,980/- have been claimed out of rental income of Rs. 8,02,316/-. However, during

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

In the result, both appeals of the assessee are allowed

unexplained and therefore addition of Rs. 13,00,000/- added to 68 of the I.T. Act. 4.4 During the course of assessment proceedings, on going through the computation of total income, it was gathered that during the year interest expenses of Rs. 4,46,980/- have been claimed out of rental income of Rs. 8,02,316/-. However, during

SMT. JAYA MOGRA,UDAIPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

In the result, appeal of the assessee in ITA No

investment in land. 10 However, the CIT(A) observed that the land at Bad had not been disclosed by the assessed in the balance sheet for AY 2008-09. The CIT(A) further noted that initially the assessee had claimed that land at Badi was 12 kms away from the Collectorate, alert was claimed to be 5 Smt. Jaya Mogra

SHRI GOPAL SONI ,BIKANER vs. ACIT, CIRCLE-1, BIKANER

In the result the appeal filed by the assessee is allowed

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripoteshri Gopal Soni Prop Vs. The Acit, Circle – 1 Durga Silver Home Bikaner. Katla Chowk Nokha Rajasthan. Bikaner-334803, Rajasthan. Pan/Gir No. : Aemps5097M Appellant .. Respondent Assessee By : None Revenue By : Ms. Nidhi Nair, Jcit -Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 11.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals), Bikaner Passed U/S 154 & 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal.

reassess the income u/s 154. The said mistake is not of record That was a debatable matter so no order this section should be made. The power conferred by provisions of Sec. 154/155 is a power to correct mistakes and not a power of review U/S 154, an A.O. cannot be permitted to revise or review his earlier order, there

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)

investment belongs to the appellant. The mere fact that certain valuables were found does not justify the invocation of Section 69A. A foundational requirement for applying this provision is that the assessee must be conclusively established as the owner of the money, bullion, jewellery, or other valuable articles in question. In the present case, the appellant has consistently disclaimed ownership

MANGILAL DATLA,BANSWARA vs. INCOME TAX OFFICER, WARD BANSWARA, BANSWARA

In the result, the appeal filed by the assessee is allowed, both on legal issue\nas well as on facts

unexplained money u/s 69A r.w.s. 115BBE of\nthe Act\".\n4. In first appeal assessee has filed detailed WS(PB32-38) and documents admittedly, however\nthe ld. CIT(A) without considering and without deciding our legal grounds of appeal and legal\nposition, validity of proceedings\n5. In first appeal assessee challenged the legality, validity andproceeding u/s 147/148 and also\nchallenged

AJMER DEVELOPMENT AUTHORITY,AJMER vs. CIT(EXEMPTION)/ ITO (EXEMPTION), JAIPUR / JODHPUR

In the result, the stay application filed by the assessee is dismissed

Bench: Shri Kul Bharatshri Manish Borad

unexplained. (iii) Thus, total amount of Rs.34,75,71,532/- has escaped assessment to tax for the A.Y. 2012-13 within the meaning of provisions of section 147 of the Income Tax Act, 1961. 5.2 The AO thus, having recorded specific reasons, could not have enquired into and examined any issue other than those already recorded in the reasons

RACHNA GOYAL,JODHPUR vs. ITO, WARD-1(2), JODHPUR

In the result, appeal of the assessee is dismissed

unexplained cash credits.\n(iii)\nIn the assessment order there is no finding that any books of accounts were\nmaintained by the assessee and that the alleged amount was found credited in the\nbooks of accounts or even in the bank account.\nAs per section 68 :\n“where any sum is found credited in the books of an assessee maintained

M.P. POONIA,JODHPUR vs. ITO, BIKANER

In the result, the appeal of the assessee is allowed

unexplained income of the assessee. 4. The assessee feeling dissatisfied with the finding of the ld. AO filed an appeal before the ld. CIT(A). Apropos to the grounds so raised the relevant findings of the ld. CIT(A) is as under:- “I have considered the facts of the case and appellant's submissions and I find that

M/S. SUPER SHIV SHAKTI MINCHEM PVT. LTD.,JODHPUR vs. ITO, WARD-3, , BHILWARA

In the result, both the above appeals filed by the Assessee are dismissed

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

unexplained cash credit. The addition so sustained may kindly be deleted. 3. That on the facts and in the circumstances of the case, the Ld. CIT (A) erred in sustaining the addition made by Ld. AO for Rs. 1,17,900/-presuming that such payment was made by assessee. The addition so sustained may kindly be deleted. 4. The appellant

M/S. SUPER SHIV SHAKTI MINCHEM PVT. LTD.,JODHPUR vs. ITO, WARD-3, , BHILWARA

In the result, both the above appeals filed by the Assessee are dismissed

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

unexplained cash credit. The addition so sustained may kindly be deleted. 3. That on the facts and in the circumstances of the case, the Ld. CIT (A) erred in sustaining the addition made by Ld. AO for Rs. 1,17,900/-presuming that such payment was made by assessee. The addition so sustained may kindly be deleted. 4. The appellant

TARUN MURADIA,UDAIPUR vs. DCIT CENTRAL CIRCLE-1 UDAIPUR, UDAIPUR

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

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

reassessment was pending on the date of initiation of search u/s 132 or making of requisition u/s 132A, addition or disallowances can be made only the basis of the incriminating material found during the search or requisition. If in relation to the assessment year, no increment material is found, no addition and disallowance can be made in relation to that

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

In the result the appeal of the assessee in ITA No

investment in acquiring the goods which have been found subject of undisclosed sales." This view is fully supported by the judgement of Hon'ble Supreme Court in the case CIT vs. President Industries reported in 225 ITR Page 47 and also by various other courts. (ix) It is also well settled position of law that tax can be levied only

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

In the result the appeal of the assessee in ITA No

investment in acquiring the goods which have been found subject of undisclosed sales." This view is fully supported by the judgement of Hon'ble Supreme Court in the case CIT vs. President Industries reported in 225 ITR Page 47 and also by various other courts. (ix) It is also well settled position of law that tax can be levied only

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

In the result the appeal of the assessee in ITA No

investment in acquiring the goods which have been found subject of undisclosed sales." This view is fully supported by the judgement of Hon'ble Supreme Court in the case CIT vs. President Industries reported in 225 ITR Page 47 and also by various other courts. (ix) It is also well settled position of law that tax can be levied only

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

In the result the appeal of the assessee in ITA No

investment in acquiring the goods which have been found subject of undisclosed sales." This view is fully supported by the judgement of Hon'ble Supreme Court in the case CIT vs. President Industries reported in 225 ITR Page 47 and also by various other courts. (ix) It is also well settled position of law that tax can be levied only

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

investment in acquiring the goods which have been found subject of undisclosed sales." This view is fully supported by the judgement of Hon'ble Supreme Court in the case CIT vs. President Industries reported in 225 ITR Page 47 and also by various other courts. (ix) It is also well settled position of law that tax can be levied only

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

investment in acquiring the goods which have been found subject of undisclosed sales." This view is fully supported by the judgement of Hon'ble Supreme Court in the case CIT vs. President Industries reported in 225 ITR Page 47 and also by various other courts. (ix) It is also well settled position of law that tax can be levied only