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Commissioner of Income Tax Jaipur-I, Jaipur. Income Tax Department, statue Circle, Jaipur Versus V.K. Rana, M/s Ratan Mandir Versus The Assistant Commissioner of Income Tax, Circile 1, Jaipur Earlier Known as the Deputy Commissioner of Income-Tax, Investigation Circle 1 (1) , Jaipur, The Income-Tax Appellate Tribunal, Jaipur Commissioner of Income Tax-I, Jaipur Versus M/s Ratan Mandir, Dharmendra Kumar Rana Versus Commissioner of Income Tax, Range-I, Deputy Commissioner of Income Tax (TDS) , New Central Revenue Bldg., Statue Circle, Jaipur having concurrent jurisdiction with Deputy Commissioner of Income Tax (Inv.) Cir. 1 (1) , Jaipur

2017 (1) TMI 989 - RAJASTHAN HIGH COURT

Search not supported by the original form - Misinterpreting the documents produced in form No.45 while issuing search warrant under Section 132 - Held that:- All firms were referred ever since Ratan Mandir was carrying out their activities in the residential house at Vijay Gopalji Ka Mandir, Johari Bazar Jaipur. Therefore, the findings arrived at are to be viewed in view of form No.45. We make it clear that these are tentative findings on the basis of zerox copy. While reconsidering the matter, .....

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quires to be arrived at after reappriciation of the evidence and the same will be done after calling for the original documents and after giving opportunity to both sides namely Raj Kumar Sharma and Rana for inspecting the documents and offering their comments. - D.B. Income Tax Appeal No. 65, 97, 119, 122, 189, 2003, D.B.Income Tax Appeal No. 9 / 2005 - Dated:- 10-1-2017 - K. S. Jhaveri And Vinit Kumar Mathur, JJ. For the Appellant : Mr. N.M. Ranka, Senior Counsel with Mr. N.K. Jain & Mr. D .....

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ome Tax Appeal No. 65 / 2003 1. Whether on the facts and circumstances of the case, the learned ITAT was justified in upholding the deletion of ₹ 72,16,435/- made by CIT(A)? 2. Whether on the facts and circumstances of the case, the learned ITAT was right and justified in upholding the deletion of ₹ 2,02,925/- made by CIT(A)? D.B.INCOME TAX APPEAL No. 97 / 2003 1. Whether the learned Tribunal had material and was right in law in holding that Shri Raj Kumar Sharma has not rebutted the .....

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& assets requisition u/s. 132A of the IT Act. 2. Whether in the facts and circumstances of the case, the learned Tribunal is right and justified in holding that Annexure A8 has no evidentiary value and no undisclosed income can be computed with the help of it? 3. Whether in the facts and circumstances of the case, the learned Tribunal is right and justified in setting aside the assessment order and upholding the computation of undisclosed income amounting to ₹ 5,36,51,537/-? 4. Whethe .....

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ng to ₹ 4,91,14,412/- as unexplained cash credit? 2. Whether on the facts and circumstances of the case, the learned Tribunal is right and justified in upholding the order of the worthy CIT(A) who had set aside the assessment and directing the A.O. to work out closing stock for assessment year 1994-95 after taking into ac count the credits entries? 3. Whether on the facts and circumstances of the case, the learned Tribunal is right and justified in annulling the assessment on the ground th .....

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ized goods, which seizure had been made from the residential premises of one of the partners of the firm, so as to infer that the goods seized were not the personal property of the partner, from whose premises the goods had been seized and that it belonged to the firm? 2. Whether an appeal filed by one of the partners of the firm can be held maintainable on behalf of the other partners as also the firm? 3. Counsel for the appellant Mr. N.M. Ranka has mainly submitted that search was conducted 12 .....

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the papers relating to M/s. Ratan Mandir were found and seized as per exhibit A-8 during the course of search proceedings at the business premises of one of the partners Shri Raj Kumar Sharma. Shri Sharma stated he was a working partner and does not knew anything about accounts and that the explanation on the same may be obtained from other partners. Statement of Shri Yognedra Rana was recorded on 30.09.1999. Some entries contained in exhibit A-8 tallies with entries contained in the regular boo .....

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h credits of business of M/s. Ratan Mandir. 4. Mr. Ranka contended that in view of this, the issue No.1 & 2 requires to be decided in favour of the assessee and the issue No.3 also requires to be decided in favour of the assessee. 5. Counsel for the department has mainly contended that the form No.45 under Rule 112 it has been mentioned as under: A summons under sub-section (1) of section 131 of the Income Tax Act 1961, or a notice under sub-section (4) of section 22 of the Indian Income Tax .....

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nts as required by such summons or notice. 6. He has also contended that inspite of the fact that while considering the matter, the CIT(A) at page 113 para 3.2 has considered as under: I have carefully considered the facts of the case and the rival submissions. The brief facts of the case are that the firm M/s. Ratan Mandir was formed Vide Partnership deed dated 15.7.1988 and its business commenced on 15.7.98. It was constituted by Shri Raj Kumar Sharma with 25% share in the profits and losses o .....

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dissolution was found. Thus, it is evident that though the dissolution deed was drafted the same was never executed. AS per partnership deed the business premises of the firm are located at Vijay Gopalji Ka Mandir, also known as 11, Rudra Mahadev Mandir, Johari Bazar, Jaipur, and this premises at that time was being utilised as residence of Shri Raj Kumar Sharma and from his residence certain documents as per annexure A-8 were seized. These documents pertain to the firm M/s. Ratan Mandir and the .....

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tended that no warrant of Authorisation in the case of the appellant u/s 132 had been issued and therefore no assessment u/s 158BC legally could have been framed. During the course of appellate proceedings the AO was directed to verify from the office of the Director Investigation whether a search warrant had been issued in the case of M/s. Ratan Mandir u/s 132 of the IT Act, 1961, the AO vide his office letter No. DCIT/ Inv. Cir. 1(1)/99-2000/492 dated 7.3.2000 has enclosed a copy of the letter .....

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y Gopaljika Mandir, Johari Bazar, also is the name for 11, Rudra Mahadev Ka Mandir, Johari Bazar, Jaipur. In view of this factual position , the AO has rightly invoked the provisions of section 158BC of the IT Act, 1961 and framed the assessment as per the provisions of this section. The appellant s appeal on this ground of appeal is therefore not maintainable and is dismissed. 7. The Tribunal while considering the matter has observed in para 4 and 5 has set aside the search warrant on the partn .....

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ve been kept and to be found in residential house at Vijay Gopalji ka Mandir, Johari Bazar, Jaipur occupied by Shri Raj Kumar Sharma and his family members. He therefore, authorized the officers to enter and search through the warrant of authorization dated 12.11.97. Thus the warrant of authorization was for searching Shri Raj Kumar sharma. 5. We have also perused the Panchnama prepared by the authorized officer who has carried out a search at the aforesaid premises, authorized in the warrant of .....

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fact in the assessment order that search under Section 132 of the Income-tax Act, 1961 was carried out on 12.11.97 at the business premises of Shri Raj Kumar Sharma situated at Vijay Gopal ka Mandir, also known as Rudra Mahadev Mandir, Johari Bazar, Jaipur. It has also been brought to our notice by the Id. Counsel for the eassessee that the authorized officer has found books of account and other documents as inventorised at Annex. B forming part of the Panchnama but the same were not seized. It .....

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e the search was carried out in the year November, 1997. No contrary material has been produce dby revenue. We are, therefore, satisfied that the search under section 132 of the Income- tax Act, 1961 has not been conducted in case of the assessee. We also find that books of account, other documents or assets have also not been requisitioned under section 132A of the Income-tax Act, 1961 in the case of the assessee before us. 8. Therefore, counsel for the Revenue contended that basically the Trib .....

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, the Tribunal will call for the original record and will examine the documents and will hear both the parties and examine all the parties including Raj Kumar Sharma, Rana and Department. 9. Only on this one point, we are of the opinion that the Tribunal has seriously committed an error in reversing the finding of the CIT(A). It is required to be reappreciated by the Tribunal. We know that the matter is remanded back almost after 13 years but the findings which are arrived at by the Tribunal req .....

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