M/S. SHREE TIRUPATI ASSOCIATES,BHILWARA vs. ITO, BHILWARA

section 40A(3) which provides where on account of exception allow ability of cash payment looking to the consideration of business expediency and the relevant factor as substituted wide Finance Act 2008 effective from 01/04/2009. 3 M/s Shree Tirupati Associates 3. The A.O. has not considered following relevant case laws including Rajasthan High court, Jodhpur wherein looking

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

In the result, appeals of the assessee are allowed

68 (w.e.f.\n1.4.1993).]\n(4)Where such discontinuance or dissolution takes place after any proceedings in respect\nof an assessment year have commenced, the proceedings may be continued against the\nperson referred to in sub-section (3

DCIT, CENTRAL CIRCLE-1, UDIPUR vs. M/S. WAGAD CONSTRUTION COMPANY, UDAIPUR

In the result, appeals of the Revenue are dismissed

3,47,70,913 NIL Thus, in respect of two parties in whose name advances were shown as outstanding, the appellant duly proved the identity and creditworthiness of the creditor and genuineness of the transaction, thus fulfilled necessary ingredients of provisions of sec. 68 of the Act. Even there is no case of attracting the provisions of section

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

In the result, appeals of the assessee are allowed

68 (w.e.f.\n1.4.1993).]\n(4)Where such discontinuance or dissolution takes place after any proceedings in respect\nof an assessment year have commenced, the proceedings may be continued against the\nperson referred to in sub-section (3

SITA DEVI CHOUDHARY,AHORE JALORE vs. INCOME TAX OFFICER, JALORE

In the result, stands allowed

Bench: The Cit(A) Challenging The Additions Made By The Ao. The Ld.Cit(A) Upheld Both The Additions Made By Observing-

3)/2019-20/1022853643(1) dated 21/12/2019 wherein the assessing authority had made addition in the total income of assessee on two grounds viz (i) addition under section 69A and (ii) addition under section 68

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

In the result, appeals of the assessee are allowed

68 (w.e.f.\n1.4.1993).]\n(4)Where such discontinuance or dissolution takes place after any proceedings in respect\nof an assessment year have commenced, the proceedings may be continued against the\nperson referred to in sub-section (3

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

In the result, appeals of the assessee are allowed

68 (w.e.f.\n1.4.1993).]\n(4)Where such discontinuance or dissolution takes place after any proceedings in respect\nof an assessment year have commenced, the proceedings may be continued against the\nperson referred to in sub-section (3

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

In the result, both appeals of the assessee are allowed

68 of the Act without going into factual matrix of the case. 3. That on the facts and in the circumstances of the case, the ld. CIT(A) has also erred in confirming the disallowance of Rs. 3,16,663/- out of interest expenses claimed from the rental income. 4. That the petitioner may kindly be permitted to raise

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

In the result, both appeals of the assessee are allowed

68 of the Act without going into factual matrix of the case. 3. That on the facts and in the circumstances of the case, the ld. CIT(A) has also erred in confirming the disallowance of Rs. 3,16,663/- out of interest expenses claimed from the rental income. 4. That the petitioner may kindly be permitted to raise

LAKHPAT TRADING AND INDUSTRYS PVT. LTD.,JODHPUR vs. ACIT, CIRCLE-3, JODHPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Blelakhpat Trading & Acit, Circle-3 Industryspvt. Ltd. Jodhpur G-72/73 79/80, 1St Phase, Boranada, Jodhpur - 342001 Pan No. Aaccl 5668 C Assessee By Shri Rajendra Jain, Advocate & Smt. Raksha Birla, Ca (Physical) Smt. Runi Pal, Cit-Dr (Virtual) Revenue By Date Of Hearing 29.01.2026. Date Of Pronouncement 26.02.2026. Order Dr. Mitha Lal Meena, A.M.: This Appeal Is Filed By Assessee Against The Order Of National Faceless Appeal Centre, Delhi [Hereinafter Referred To As Nfac/ Cit(A)] Dated 26.06.2025 With Respect To Assessment Year 2017-18 Challenging Therein The Rejection Of Its Books Of Accounts U/S 145(3), Estimation Of Income & Reducing Genuine Sales.

Section 145(3) and estimated G.P. rate at 3% with the trading addition of Rs. 6 Asst. Year: 2017-18 1,19,26,410/- and addition u/s 68

BANSI LAL KUMHAR,UDAIPUR vs. ACIT CIRCLE-2, UDAIPUR

3) CIT\n(4) CIT(A)\n(5) Departmental Representative\n(6) Guard File\nsd-\n(DR. MITHA LAL MEENA)\nACCOUNTANT MEMBER\nBy Oder\nAssistant Registrar,\nIncome Tax Appellate Tribunal,\nJodhpur Bench,\nJodhpur.", "summary": { "facts": "The assessee's appeal is against an order confirming additions made by the AO under section 68

BADAMI DEVI ,BARMER vs. ITO, WARD-1, BARMER

In the result, the appeal of the assessee is allowed

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Blebadami Devi Income Tax Officer, M/S Sbl & Co Llp Ward No. -1 Barmer. (Chartered Accountant) E-75, Kalpatru Shopping Center, Opp. Bioscope Cinemas, Shastri Nagar, Jodhpur, Rajasthan–342003. Pan No. Aaopd1969R Assessee By Shri Gautam Chand Baid, Ca (Physical) Revenue By Shri Lalit Kumar Bishnoi, Addl. Cit-Dr Virtual Date Of Hearing 28.01.2026. Date Of Pronouncement 26.02.2026. Order Dr. Mitha Lal Meena, A.M.: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), Addl/Jcit (A) Panaji, [Hereinafter Referred To As The Jcit (A)] Dated 28.06.2024 With Respect To Assessment Year 2017-18. 2 2. The Appellant Assessee Has Taken Following Grounds Of Appeal:-

Section 68 without appreciating the material facts on record. 4. Briefly the facts of the case as per record are that the AO has treated the receipts of fresh loan from four persons as unexplained income u/s 68 of the Income Tax Act, 1961 (in short “the Act”) ignoring 3

RAIS AHMED MEWAFAROSH,DUNGARPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

In the result both these appeals are partly allowed

Bench: Shri Rajpal Yadav, Hon'Ble & Dr. Mitha Lal Meena, Hon'Ble

3) and made trading addition by adopting GP/NP rate for estimation of income of the assessee for the year under consideration. In our view, where any trading addition is made, section 115 BBE is not applicable because the provisions of section 115BBE are specific provisions which are applicable only in the instances where additions have been made either

RAIS AHMED MEWAFAROSH,DUNGARPUR vs. DCIT, CENTRAL CIRCLE-2 UDAIPUR, UDAIPUR

In the result both these appeals are partly allowed

Bench: Shri Rajpal Yadav, Hon'Ble & Dr. Mitha Lal Meena, Hon'Ble

3) and made trading addition by adopting GP/NP rate for estimation of income of the assessee for the year under consideration. In our view, where any trading addition is made, section 115 BBE is not applicable because the provisions of section 115BBE are specific provisions which are applicable only in the instances where additions have been made either

MR. NEERAJ PALIWAL,RAJSAMAND vs. ITO, WARD-2, RAJSAMAND

In the result, all these appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadav

3) Further, it is imperative to note that section 5 of the Limitation Act deals with condonation of delay in case of appeal. Since the limitation 5 ITA 07 to 11/Jodh/2021 Neeraj Paliwal Vs ITO period for appeals is very short, this section was introduced to meet the end of justice so that the purpose of justice

MR. NEERAJ PALIWAL,RAJSAMAND vs. ITO, WARD-2, RAJSAMAND

In the result, all these appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadav

3) Further, it is imperative to note that section 5 of the Limitation Act deals with condonation of delay in case of appeal. Since the limitation 5 ITA 07 to 11/Jodh/2021 Neeraj Paliwal Vs ITO period for appeals is very short, this section was introduced to meet the end of justice so that the purpose of justice

MR. NEERAJ PALIWAL,RAJSAMAND vs. ITO, WARD-2, RAJSAMAND

In the result, all these appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadav

3) Further, it is imperative to note that section 5 of the Limitation Act deals with condonation of delay in case of appeal. Since the limitation 5 ITA 07 to 11/Jodh/2021 Neeraj Paliwal Vs ITO period for appeals is very short, this section was introduced to meet the end of justice so that the purpose of justice

MR. NEERAJ PALIWAL,RAJSAMAND vs. ITO, WARD-2, RAJSAMAND

In the result, all these appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadav

3) Further, it is imperative to note that section 5 of the Limitation Act deals with condonation of delay in case of appeal. Since the limitation 5 ITA 07 to 11/Jodh/2021 Neeraj Paliwal Vs ITO period for appeals is very short, this section was introduced to meet the end of justice so that the purpose of justice