GIRNAR SOFTWARE PRIVATE LIMITED,6TH FLOOR, JAIPUR TEXTILE MARKET, B-2 NEAR MODEL TOWN, MALVIYA NAGAR JAIPUR vs. ACIT, CIRCLE 4, JAIPUR

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264 or an order of the Settlement Commission under sub-section (4) of section 245D, the amount on which interest was payable under sub- section (1) has been increased or reduced, as the case may be, the interest shall

M/S AIRLINK INTERNATIONAL,B-6, SHAKTESH APARTMENT, MOTI DOONGRI ROAD, JAIPUR vs. CPC, BANGALORE/ ITO, WARD-5(2), JAIPUR, JAIPUR

In the result, appeal of the assessee is partly allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

section 154 of the Act. The same was rejected stating that the assessee has not correctly filled schedules in the return like BP/DEP/DOA/P&L/PART A-01 of the Income tax Return-ITR-4. Being aggrieved by the order of AO CPC, the assessee preferred appeal before NFAC Delhi but the same was rejected stating that assessee has not submitted

CHAMBAL FERTILISERS AND CHEMICALS LIMITED,KOTA GADEPAN vs. PRINCIPAL COMMISSIONER OF INCOME TAX, SAVINA-UDAIPUR

TDS not deducted on\nRs. 11,33,39,800/- (Rs.255623509-Rs.139283709) under\nthe provisions of Act, 1961. This amount of Interest\npayment was required to be disallowed and hence, added\nto the declared total income for the A.Y. under\nconsideration. However, the AO/NaFAC didn't consider\nthe same while passing the assessment order on\n19.04.2021 further rectified u/s 154

PINK CITY JEWEL HOUSE PRIVATE LIMITED ,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), JAIPUR

Section 14A of the Act can\nbe made if the assessee had not earned any exempt income? - HELD THAT:- A\nperusal of the Memorandum of the Finance Bill, 2022 reveals that it explicitly stipulates\nthat the amendment made to Section 14A will take effect from 1st April, 2022 and will\napply in relation to the assessment year

DCIT, CR-7, JAIPUR vs. SHRI ANIL GUPTA, JAIPUR

In the result, the appeal filed by the Revenue is dismissed

Bench: The Hearing” Dcit Vs. Shri Anil Gupta

Section 37 of the IT Act. Firstly, The DRs contentions are that the documentary proof wgich was submitted by the AR in his paper book at page number 8 relates to the expenses on account of Rental Expenses paid. Secondly, the Ld DR is questioning the Ledger Account 5 profession promotion Expenses, where the asessee has TDS commission for (refer

MANISH KUMAR VIJAY,KOTA vs. ITO, KOTA

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 143(1) of the Act. The assessee preferred an application for 154 being the application for rectification of mistake stating that mismatch/discrepancy, in Form 26AS and Income tax return of appellant, was the result of wrong reporting of PAN by Urban Improvement Trust (UIT), Kota, while filing it’s TDS

SUCHITA BHATIA,JAIPUR vs. DCIT CIR-6, JAIPUR, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

154 (Kolkata Trib.) Issue:-There were four issues to verify (i) Interest Expenses (ii) Income from real Estate Business (iii) Sales Turnover Mismatch, and (iv) other expenses claimed in the P&L account Order passed by A.O:- AOadded unsecured loans of Rs. 8000000.00 as unexplained cash credit under section 68 of the Act. AO converted limited scrutiny to complete scrutiny

MANOJ KUMAR JAIN, PROP. MS BAJAJ RE ROLLING MILLS,KOTA vs. ITO(TDS), KOTA, KOTA

In the result, appeals of the assessee are disposed off accordingly

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

section 154 of the Act. The Tribunal held that the assessee having filed the statutory form, viz., Form 27C, the technical breach was liable to be condoned by following the decision of this court in the case of CIT v. A.N. Arunachalam [1994] 208 ITR 481/75 Taxman 529 (Mad.). Therefore, we do not find any scope to entertain the said

MANOJ KUMAR JAIN PROP. MS BAJAJ RE ROLLING MILLS,KOTA vs. ITO(TDS), KOTA, KOTA

In the result, appeals of the assessee are disposed off accordingly

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

section 154 of the Act. The Tribunal held that the assessee having filed the statutory form, viz., Form 27C, the technical breach was liable to be condoned by following the decision of this court in the case of CIT v. A.N. Arunachalam [1994] 208 ITR 481/75 Taxman 529 (Mad.). Therefore, we do not find any scope to entertain the said

MANOJ KUMAR JAIN PROP. MS BAJAJ RE ROLLING MILLS,KOTA vs. ITO(TDS), KOTA, KOTA

In the result, appeals of the assessee are disposed off accordingly

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

section 154 of the Act. The Tribunal held that the assessee having filed the statutory form, viz., Form 27C, the technical breach was liable to be condoned by following the decision of this court in the case of CIT v. A.N. Arunachalam [1994] 208 ITR 481/75 Taxman 529 (Mad.). Therefore, we do not find any scope to entertain the said

MANGLAM VARDHMAN DEVELOPERS LLP,JAIPUR vs. INCOME TAX OFFICER, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed for statistical purposes, with no orders as to cost

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

sections on the above tax liability.’’ 2.1 As per the facts of the present case, the assessee is an LLP and deduction was claimed on the interest payment on TDS and also the assessee had not deducted TDS on brokerage in advertisement and marketing expenses. The scrutiny assessment was completed without any disallowance. Later, the AO issued a 154

RAJASTHAN ADVANCE JOINT CARE TRUST,JAIPUR vs. ITO, EXEMPTION, WARD 1, JAIPUR, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

TDS amounting to Rs. 1,39,001/- and self assessment tax payment of Rs. 500/- and, therefore, claimed refund as the returned income as well as the assessed income was Nil. The AO did not allow the credit of such sums while passing the assessment order. Therefore, assessee moved an application under section 154

ROOP CHAND NAHAR,JAIPUR vs. CIT(APPEAL), NFAC, DELHI

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

154 against invoking of provisions of section 40(a)(ia) making disallowance/additions of Rs. 3,06,692/- and Rs. 4,29,062/- for alleged non deduction of TDS

RAJENDRA KUMAR AGRAWAL,JAIPUR vs. ACIT CEN CIR 1 , C-SCHEME, JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

154 taxmann.com 432 (Gujarat)[03-05-2023] Held: Where assessee received unsecured loans and produced confirmation of lenders and other relevant documents such as copy of PAN, ledger account, bank statement and audited books so as to establish creditworthiness, genuineness and identities of lenders in transactions, impugned addition made under section 68 on account of said unsecured loan

BHIM SINGH,KOTA vs. DCIT, C-2, KOTA

In the result, appeal of the assessee is partly allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

section 154 of the Income Tax Act, by DCIT, Circle-02, Kota. 2. In this appeal, the assessee has raised following grounds: - 2 Bhim Singh vs. DCIT “1. That the Ld. AO grossly erred on law and facts in rejecting the application u/s 154 for rectification of apparent mistake in order u/s 154 dated 30.06.2020” That

SH. AMIT MANTRI,A-3-A, ANAJ MANDI, CHANDPOLE BAZAR, JAIPUR vs. DCIT, CIRCLE-1, JAIPUR

In the result, this appeal of the assessee is allowed

Sections 198 and 199 of the Act, the credit of such advance tax in the form of TDS is bound to be allowed to the assessee for this year. The A.O. has denied the claim of credit of TDS on technical ground of limitation, however, when nothing was to be performed on the part of the assessee to claim such

RAJESH KUMAR LAKHRAN,JAIPUR vs. ITO, WD-7(1), JAIPUR

In the result, appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 154 of the Income tax Act, 1961 (in short 'the Act') dated 23.10.2022. 2 Rajesh Kumar Lkhran vs. ITO 2. The assessee has taken following grounds in this appeal; “1. The order of the assessing officer is erroneous on the facts and in the law. On the facts and in the circumstances of the case he should be considered

SHRI ASHOK DHARENDRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Rathod Kamlesh Jayantbhai, Am Vk;Dj Vihy La-@Ita No. 256/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year :2015-16 Shri Ashok Dharendra, Cuke D.C.I.T. 23, Shivraj Niketan Scheme, Vs. Central Circle-3, Gautam Marg, Nr Vaishali Jaipur. Nagar Circle, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aavpd 6554 B Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Manish Agarwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri S. Najmi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/02/2022 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 12 /04/2022 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- 4, Jaipur Dated 01/12/2017 For The A.Y. 2015-16 In The Matter Of Order Passed U/S 143(3) Read With Section 153B(1)(B) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Has Grossly Erred In Confirming The Addition Of Rs. 1,50,00,000/- Made In The Assessment Completed U/S 143(3) R.W.S. 153B(1)(B) Solely On The Basis Of Statements Recorded During The Course Of Search Which Stood Retracted By The Assessee Through An Affidavit Filed. Thus, The Addition Made Solely On The Basis Of Such Retracted Statements Deserves To Be Deleted.

Section 153B(1)(b) of the Income Tax Act, 1961 (in short, the Act), wherein following grounds have been taken. “1. On the facts and in the circumstances of the case the Ld. CIT(A) has grossly erred in confirming the addition of Rs. 1,50,00,000/- made in the assessment completed u/s 143(3) r.w.s. 153B