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

In the result, both appeals of the assessee are allowed

Section 68 of the Act. In response, the A.R. of the assessee vide his written submissions dated 22.03.2016 has submitted as under: - o"kZ ds nkSjku fy;k x;k Unsecured Loans dh jkf'k 22]00]000 :- Fkh tks fd lHkh O;fDr;ksa ls psd }kjk yh xbZ FkhA muds lk{; Lo:i mu lHkh

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

In the result, both appeals of the assessee are allowed

Section 68 of the Act. In response, the A.R. of the assessee vide his written submissions dated 22.03.2016 has submitted as under: - o"kZ ds nkSjku fy;k x;k Unsecured Loans dh jkf'k 22]00]000 :- Fkh tks fd lHkh O;fDr;ksa ls psd }kjk yh xbZ FkhA muds lk{; Lo:i mu lHkh

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, UDIAPUR, UDAIPUR

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

68, Section 69A, Section 69B, Section 69C or any other provisions of the Act. It is not the case of the Revenue that the Petitioner has paid any cash to the so-called accommodation entry provider to obtain the accommodation entry to plough back own funds, hence, there is no ground/material to form reasonable belief

RANJEET SHARMA,RAWATSAR vs. ITO, WARD NOHAR,, HANUMANGARH

In the result, the appeal of the assessee is allowed

section 68 of Income Tax Act 1961, where any sum is explanation offered by him is not satisfactory in the opinion of A.O., the sum so credited may be charged to income tax as the income of the assessee of that previous year. In the instant case, the AO after appellant's failure in establishing that the bank deposits

M/S BHAGIRATH DAIRY PRIVATE LIMITED,NAGAUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,, NAGAUR

The appeal is allowed

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Ble

1 of the appeal has not been pressed by the appellant assessee and accordingly the same is dismissed as not being pressed. 4. In ground no.2, the appellant has challenged the confirmation of the unsecured loan received from the parties as unexplained cash credit under section 68 of the act. 5. Briefly, the facts of the case are that

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1 UDAIPUR, UDAIPUR

68, Section 69A, Section 69B, Section 69C or any other provisions of the Act. It is not the case of the Revenue that the Petitioner has paid any cash to the so-called accommodation entry provider to obtain the accommodation entry to plough back own funds, hence, there is no ground/material to form reasonable belief

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, UDAIPUR, UDAIPUR

68, Section\n69A, Section 69B, Section 69C or any other provisions of the Act. It is not the case of the\nRevenue that the Petitioner has paid any cash to the so-called accommodation entry\nprovider to obtain the accommodation entry to plough back own funds, hence, there is\nno ground/material to form reasonable belief

SUKHDEV CHAYAL,BIKANER vs. PCIT-1,, JODHPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadavassessment Year: 2016-17 Sukhdev Chayal, Vs. Pr.Cit-1, Near Ratan Sagar Well, Jodhpur. Bikaner. Pan No. Afjpc 9250 J

131 or Section 133(6) of the Act. However, in this regard, the ld. AR submitted that during the course of proceedings all the duly signed account statement, bank accounts, ITR and interest account were duly furnished and properly verified by AO. There has not been any single amount of cash being deposited into the accounts of cash creditors

MANOHAR SINGH,JODHPUR vs. ITO, WARD-1(3),, JODHPUR

In the result, the appeal of the assessee is partly allowed

Section 271(1)(b) and 271(1)(c) of the Act being premature at this stage, both the grounds are dismissed. 6. The ground No. 7 raised by the appellant is regarding charging of interest amounting to Rs. 24,49.836/- u/s 234B of the Act. This being consequential in nature, the AO is directed to allow relief

SHRI BHANWAR LAL,JODHPUR vs. DCIT, CENTRAL CIRCLE-1, JODHPUR

In the result the appeals of the assessee ITA Nos

Bench: Shri Mitha Lal Meena & Shri Anikesh Banerjee

68, 69, 69A to 69D of the Act. However, additions cannot be sustained merely on the basis of rough noting made on loose sheets of papers unless some independent and corroborative materials to prove irrefutably that the said noting reveal either unaccounted income or unaccounted investment or unaccounted expenditure of the assessee. Further the seized documents in the case

OM PRAKASH BISHU,KUCHAMAN CITY vs. DCIT, JODHPUR

In the result, appeal of the assessee is allowed

section 115BBE of the Act on the professional income of Rs. 1,00,00,000/- surrendered by the appellant assessee during the course of survey u/s 133A and which was included by him in his return income. The ld. AO has also erred in invoking provisions of sec. 115BBE on addition of Rs.1,00,000/- made

ACIT, CIRCLE, BHILWARA, BHILWARA vs. M/S. SAMARPAN SYNTHETICS PVT. LTD. , BHILWARA

In the result, this appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwala.C.I.T. Vs. M/S Samarpan Synthetics Pvt. Circle, Ltd., Bhilwara 54, Bhilwara Textiles Market, Pur Road, Bhilwara-311001, Rahasthan. Pan No. Aahcs 4365 G

131 of the Income Tax Act, 1961 (in short, the Act) to verify the purchase of finished fabric and called for certain details reproduced at page 4 of the order. The AO observed that assessee produced incomplete books. Further assessee did not produce any other details regarding purchase of finished fabrics such as quantitative details or daily stock register

ACIT, CIRCLE, BHILWARA vs. M/S. PLAZA TEX (INDIA) PVT. LTD.,, BHILWARA

In the result, appeal of the revenue is allowed

Bench: Shri Saktijit Dey & Shri Girish Agrawal

1. deleting addition of 2,24,00,000/- as undisclosed cash credit u/s. 68 of the I.T. Act, 1961 on account of consideration received on allotment of new shares without appreciating the facts of the case that the genuineness of the transaction was not proved and found not satisfactory in the opinion of the AO as provided in the proviso

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)

68 on account of increase in share capital which was upheld by CIT(A) was not justified 2.2In the case of PCIT v/s MeetaGutgutia Prop. Ferns Patel &Ors 395 ITR 526(Del) held Search and Seizure—New scheme of assessment in search cases—Validity of invocation of Section 153A—On basis of documents recovered during search and seizure

SHRI JITENDRA OJHA ,SIROHI vs. ITO,, SIROHI

In the result appeal of assessee is allowed in terms indicated hereinabove

Bench: Shri R.C.Sharma, Accountant Mrmber Shri Jiterndra Ojha Vs The Ito, S/O Sh. Mangi Lal Ojha , Sirohi. Chhoti Brahmpuri, Sirohi.

section, where the Assessing Officer is satisfied that " ............... Since the ld. AO had not proceeded as per the mandatory provision of law, hence the ld. CIT(A) erred in maintaining the impugned asst. order. The same may kindly be cancelled and quashed. Such action and decision ought to have been sue-moto taken

SMT. PUSHPA CHHAJER,JODHPUR vs. ACIT,CIRCLE-1, JODHPUR

In the result, appeal of the assessee is partly allowed

131 of the Act was also issued to Sh. Suresh Kumar and his statement was recorded wherein he stated that he signed blank cheque and bill books and handed over the same to Sh. Shailendra Singh, Jodhpur. He did not know about the usage of these cheques and bill books. 3.4 The ld. AO also gathered that M/s Vinayak Enterprises

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)

131 of the Act, assessee has stated that she has no bank account or property in any foreign country. However, department proceeded further with inquiries and obtaining of information by FT & TR Division and post two references certain bank accounts statements from Hinduja Bank were made available. 20. Thereafter, based on this information available from FT & TR post search proceedings

SHRI SHYAMSUNDAR SONI KARTA HUF,BIKANER vs. ACIT, CIRCLE,, BIKANER

In the results the appeal filed by the

Bench: Its Hearing Before Your Honours.”

131 29-32 recorded on 16.10.2018 4 Statements of appellant on 17.09.2018 during survey 33-47 proceedings. 5 Working of peak credit which was surrendered during the 48-49 survey proceedings. 5.1 In addition to the above ld. AR of the assessee submitted that during the course of survey certain documents were impounded which contained certain transactions of taking money