Rajendra Singh Shekhawat v. Income Tax Officer , Ward 3(1), Jaipur

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 221/2018 Rajendra Singh Shekhawat S/o Shri Ratan Singh Shekhawat ,Aged About 55 Years, 97-A, Goyal Farms, Sunder Vihar, KalwarRoad, Jhotwara, Jaipur In The State Of Rajasthan ----Appellant Versus Income Tax Officer , Ward 3(1), Jaipur Having Its Address AtNew Central Revenue Building, Statute Circle, Bhagwan DasRoad, C-Scheme, Jaipur In The State Of Rajasthan ----Respondent For Appellant(s) : Mr. Siddharth RankaFor Respondent(s): HON'BLE MR. JUSTICE KALPESH SATYENDRA JHAVERI HON'BLE MR. JUSTICE VIJAY KUMAR VYAS Order 17/07/2018 By way of this appeal, the appellant has challenged thejudgment and order of the Tribunal whereby the Tribunal hasdismissed the appeal filed by the assessee-appellant herein. Counsel for the appellant has framed the followingsubstantial questions of law:- “i) Whether in the facts and circumstances of thecase the ld. Tribunal was correct in law in holdingthat entire differential receipts as per 26ASstatement was taxable in the hands of theassessee appellant? ii) Whether in the facts and circumstances of thecase the ld. Tribunal was correct in law in ignoring the submission of the assessee appellant that inthe instant matter Net Profit Rate ought to beapplied on such differential receipts.” iii) Whehter in the facts and circumstances of thecase the ld. Tribunal was correct in law in ignoringthe submission of the assessee appellant that asagainst credit reflected in 26AS statement thedeductee itself had also debited amount towards(sales tax deducted), (interest expense) and(direct purchase and thus relief thereof ought tohave been given to the assessee appellant?” In view of the order passed in MA.48/JP/2018 dated 14[th]May, 2018, whereby the MA was allowed and the judgment of theTribunal dated 18[th] February, 2018 was re-considered, in ourconsidered opinion, this appeal will not survive. However, if in caseafter MA, the appeal is decided against the present appellant, thelimitation will start from the date of the decision of appeal afresh. It is made clear that we have not expressed any opinion onmerits of the case and it will be open for appellant to argue allpoints before the Tribunal. The appeal stands disposed of. (VIJAY KUMAR VYAS),J (K.S. JHAVERI),J A.Sharma/63