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

In the result, both appeals of the assessee are allowed

unexplained cash credits u/s 68 of the Act. ii] It is relevant to mention here that undisclosed source of investment means the investment which has been made but not recorded in the books of accounts or out of undisclosed sources as per provisions of the section

LIFE CARE HOSPITAL,SIROHI vs. ACIT/DCIT, CIRCLE-1,, JODHPUR

In the result, appeal of the assessee is allowed

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

section 68 was not applicable.  [2024] 158 taxmann.com 655(Chandigarh-Trib.) [23.01.2024] Where during course of survey, assessee surrendered excess stock, cash and receivables and offered same to tax as business income, however, AO treated said surrendered amount as unexplained investment

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

OM PRAKASH BISHU,KUCHAMAN CITY vs. DCIT, JODHPUR

In the result, appeal of the assessee is allowed

unexplained investment simply on the basis of statement recorded during the course of survey u/s 133A (During survey the appellant assesseehad admitted undisclosed income invested in construction of hospital building at Rs.1,01,00,000/- but included income of Rs.1,00,00,000/- in his return of income). (ii). On the facts and in the circumstances of the case

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)

investment was not bogus and onus cannot be shifted on the Revenue in the manner suggested by the assessee. 19. In light of the detailed factual matrix, corroborative confessional evidence, and the clear and consistent line of judicial authority, we find no infirmity in the additions made by the Assessing Officer under Sections 68 and 69C of the Income

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)

investment was not bogus and onus cannot be shifted on the Revenue in the manner suggested by the assessee. 19. In light of the detailed factual matrix, corroborative confessional evidence, and the clear and consistent line of judicial authority, we find no infirmity in the additions made by the Assessing Officer under Sections 68 and 69C of the Income

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

68 on account of cash deposited in\nthe bank account during the year as unexplained money which has been\nconfirmed by the Ld. NFAC/CIT (A). The Ld. AO and CIT(A) both have not\nconsidered the vital facts and material available on record in true perspective\nand sense and thus, the addition so made by the Id. AO and confirmed

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

section 68 of the act and and added to the income of the assessee. In addition to the cash-credits, the AO has further made addition of Rs. 8,56,000/- u/s 69A of the by treating the deposit in the name of Sh. Mohan Ram Choudhary and Smt.Tulchi Devi

DCIT, CIRCLE, BHILWARA vs. M/S. SAILEELA SYNTHETICS PVT. LD. , BHILWARA

The appeal stands dismissed

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.279/Jodh/2018 ("नधा"रणवष" / Assessment Year: 2015-16) Dcit- Bhilwara Circle M/S. Saileela Synthetics Pvt. Ltd. बनाम/ Shastri Nagar, Bhilwara 147, New Cloth Market Rajasthan. Pur Road, Bhilwara Vs. Rajasthan-311 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcs-1103-N (अपीलाथ"/Appellant) (""यथ" / Respondent) :

Investment remains unexplained." 3.6 As per the provision of section 68 of the Act where the assessee is a company

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

In the result the appeals of the assessee ITA Nos

68 of the Act. Similar support flows from Dr. Raj Dhariwal\n(supra) & Jagdish Narayan Ratan Kumar (supra), wherein the Tribunal held that a\nsurrender under section 132(4) of the Act raises only a rebuttable presumption and,\nabsent corroborative evidence of actual payment, cannot alone form the foundation\nfor an addition toward unexplained investment

DCIT, CIRCLE, BHILWARA vs. SHRI PRAHALAD RAI RATHI, BHILWARA

In the result, the appeal of the Revenue is dismissed

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmithe Dcit Vs Shri Prahalad Rai Rathi Circle Prop: M/S.Kedar Mal Radhey Shyam, Bhiwlara Sadar Bazar, Gulabpura, Bhilwara (Appellant) (Respondent) Pan No. Adxpr 0949 R

68 of the Act and added to the total income of the assessee. Penalty proceedings w/s.271(1)(c) of the Income Tax Act, 1961 are initiated separately for furnishing inaccurate particulars of income.’’ 5 DCIT-CIRCLE, BHILWARA VS SHRI PRAHALAD RAI RATHI, BHILWARA Further, the AO treated the remaining amount

RITU ROAD LINES,JODHPUR vs. DCIT, CENTRAL CIRCLE-02, JODHPUR

Appeal of the assessee is Partly Allowed

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.34/Jodh/2023 िनधा"रण वष" / Assessment Year : 2018-19 Ritu Road Lines, The Dcit, Plot No.12-14, Nakoda V Central Circle-2, Jodhpur. Industrial Area, Basni, S Jodhpur – 342001. Pan: Aaafr9440D Appellant/ Assessee Respondent/ Revenue Assessee By Shri Amit Kothari – Ar Revenue By Smt. Alka Rajvanshi Jain – Cit(Dr) Date Of Hearing 16/08/2023 Date Of Pronouncement 08/11/2023

unexplained investment. Therefore, AO has rightly invoked section 69 of the Act and section 115BBE of the Act. Section 115BBE is applicable whenever there is an addition under section 68

MANJU GOYAL,BIKANER vs. ACIT, CIRCLE-1, BIKANER

In the result, the appeal of the assessee is allowed

Bench: DR. MITHA LAL MEENA, HON’BLE (Accountant Member), SHRI SUDHIR PAREEK, HON’BLE (Judicial Member)

unexplained cash, investment, or expenditure under Sections 68 to 69D of the Income Tax Act. The source of the income

DR. MANISH CHHAPARWAL ,UDAIPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

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

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

section 68 to 69D, also needs to be understood in the same manner, as attempt to evade tax/penalty/ interest etc. In view of the above facts, the contention of the appellant is not found acceptable and the unexplained cash has been rightly taxed by the AO u/s 115BBE of the Act.” 7. The Ld. Council has reiterated the submissions 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

unexplained investment by considering the purchase of Rs.7,82,95,551/- shown against the name of not existent six parties was bifurcation of total purchases of Rs.10,00,68,034/- from M/s Maximum Synthetics Pvt. Ltd. but completely ignored the fact that the assessee furnished ledger accounts of these non- existing six parties during the course of assessment proceedings before

SANTOSH SHARMA,JODHPUR vs. ITO, WARD-3(1), JODHPUR

In the result, appeal of the Assessee is allowed for statistical purposes

Bench: The Tribunal. The Assessee Has Moved A Condonation Petition Explaining That The Delay Was Caused Due To Non-Receipt Of Communication From The Earlier Representative, Who Neither Apprised The Assessee Of The Appellate Outcome Nor Advised Timely Remedial Action. It Has Been Further Submitted That Upon Obtaining Knowledge Of The Order, The Assessee Promptly Engaged New Counsel & Has Been Diligently Pursuing The Matter. A Prayer Was Made To Condone The Delay In The Interest Of Justice.

section 68 of the Act on account of various unexplained deposits and investments. The Ld. CIT(A) dismissed the appeal

ASHOK PANWAR HUF,JODHPUR vs. ACIT, CENTRAL CIRCLE-3, JODHPUR

In the result, both the appeals of the assesses ITA No

Bench: Dr. Mitha Lal Meena, Hon'Ble & Shri Anikesh Banerjee, Hon'Ble

section 68 of the Act to the total income of the assessee. The Ld.AO also calculated the commission amount to Rs. 6,55,255/- and total amount comes to Rs.1,65,22,302/-. The Assessing Officer further added Rs.8,08,458/- related to 145(3) of the Act on account of increase of net profit from

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

In the result, appeals of the assessee are partly allowed

section 145 are not found to\nbe relevant in the facts of this case. The AO has not disturbed the book results as the cash\ntransactions are not part of regular books of accounts.\nThe ld CIT(A) has also tried to distinguish the decisions relied upon. Thus on the\nbasis of above observations the ld. CIT(A) confirmed