M/S WHOLESALE CLOTH MERCHANT,KOTA vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), RAJASTHAN, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 688/Jp/2019 Assessment Year: ………………………… M/S Wholesale Cloth Merchant Cuke Pr.C.I.T. (Central), Vs. Association, Jaipur (Rajasthan) New Cloth Market, Kota. Pan No.: Aaatw 0127 C Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Siddarth Ranka & Shri Shravan Kr. Gupta (Advs) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 14/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 06/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit(Central), Rajasthan, Jaipur Dated 22/03/2019 Passed U/S 12Aa(3) & 12Aa(4) Of The Income Tax Act, 1961 (In Short, The Act). Following Grounds Have Been Taken By The Assessee: “1. That In The Facts & In The Circumstances Of The Case & In Law, The Ld Pr. Cit(Central), Rajasthan, Jaipur Has Grossly Erred In Cancelling The Registration Of The Assessee Appellant Trust Under Section 12A Of The Act By Invoking Section 12Aa(4) Of The Act W.E.F. 01/04/2013. 2. The Appellant Craves Leave To Add, Alter, Modify Or Amend Any Ground On Or Before The Date Of Hearing.”

19 ITA 688/JP/2019_ M/s Wholesale Cloth Merchant Association Vs Pr.CIT of sub-section (4A) of section 139, within the time allowed under that section. 1.2 In the matter, the memorandum explaining the relevant provisions of the Finance Bill, 2017 reads as under: "as per the existing provisions of said section, the entities registered under section 12AA are required to file

ZILA PARYAWARN SUDHAR SAMITI,JHUNJHUNU vs. CIT(EXEMPTION), JAIPUR

In the result, the appeal of the assessee is allowed

2. Against the work performed certain payments (having nature of contractual payments etc.) from F.Y. 2016-17 to F.Y. 2018-19 have been paid by various payers. 3. On impugned payments, TDS u/s 194C/194D/194H of the Income Tax Act have been deducted by the payers entities. 4. As such, the applicant is receiving contractual receipts/insurance commission/ commission payments. Hence, impugned

DCIT, C-4, JAIPUR vs. M/S. JLC ELECTROMET PVT. LTD., JAIPUR

In the result, the appeal of the Department is dismissed

section 195. Regarding testing expenses, it is seen that few payments were made in cash in INR but since they are very low and do not exceed the prescribed limit for making TDS, therefore, even though certain payments were made in India, yet no TDS is required to be made. Balance payment towards testing charges was since made

KAMLESH KUMAR JAIN,PACHPAHAR vs. DCIT-ACIT CIRCLE-2, KOTA

In the result, the appeal filed by the appellant stands allowed with no orders as to cost

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

2,09,560/- by invoking Rule 37BA TDS claimed in ITR under various sections was as under: - Sec. Nature of receipts TDS as Amount Corresponding Income per 26AS shown in offered in ITR (₹) (₹) 26AS as receipts (₹) 194A Interest 1,05,991 10,59,897 10,59,897 194H Commission 97,862 19

KRISHAN PAL SINGH HUF,JAIPUR vs. ASSESSING OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: the Ld CIT (Appeals).

19 Taxman.com 220 (HP) which after relying upon the judgment of Hon'ble Supreme Court in the case of Ghanshyam, HUF [2009] 182 Taxman 368 /315ITR 1 (SC) has held that interest received under section 28 of the Land Acquisition Act on enhanced compensation is not interest under section 34 but is in the nature of compensation and therefore

ARVIND KUMAR AGRAWAL,GURGAON vs. PRINCIPAL COMMISSIONER OF INCOME TAX, INCOEM TAX DEPARTMENT

In the results, the appeal of assessee stands dismissed

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

19 of the paper book submitted on 28.06.2024, as per clause 'Z', "Prior to the execution of this Agreement the Purchaser/s, after deducting the statutory deduction as TDS as per Section 194-IA of Income Tax Act 1961, has/have paid to the Promoters a sum of Rs. 20,23,000/-(Rupees Twenty Lakhs Twenty Three Thousand Only) being the earnest

DEPUTY COMMISSIONER OF INCOME TAX, ALWAR vs. ASHOK SHARMA, REWARI

In the result, the appeal of the revenue stand dismissed

19. 23(1A), 23(2) & 28 of\nthe Land Acquisition Act, 1894. The total compensation included\nRs.1,84,09,546 u/s 28 of the Land Acquisition Act, 1894 which is\nmentioned as interest.\n5. Thus, in the instant case, the fact on record is that the\ncompensation received consists of interest received along with\nenhancement of compensation. The amount received

ARUN BHARDWAJ,DELHI vs. ACIT CIRCLE 1 , JAIPUR

In the result, appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

19. We have considered the rival contentions of both the parties and perused the material available on record. From perusal of the record, we observed that the A.O. has reopened the case of the assessee for escaping 21 Arun Bhardwaj, Delhi. the income of Rs.1,15,00,500/- on account of cash deposit in his bank account and assessee

ASSOCIATED SOAPSTONE DISTRIBUTING CO PRIVATE LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -2, JAIPUR, JAIPUR

19 and 22]\n“..4. Learned counsel for the petitioner also submits that in view of\nthe amendment made by the Finance Act, 2022 to Section 14A of\nthe Act by inserting a non obstante clause and an explanation after\nthe proviso, a change in law has been brought about and\nconsequently, the judgments relied upon by the authorities below

RADHAKISHNA BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

TDS under section 194C of the Act and the same is reflected in For 26AS of the Assessee and the Ld CIT(A) has erred in setting aside the issue for verification to the AO even when all documents are on record. 3. Ground Based on facts and circumstances of the case and in law, the AO has erred

RADHAKISHAN BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

TDS under section 194C of the Act and the same is reflected in For 26AS of the Assessee and the Ld CIT(A) has erred in setting aside the issue for verification to the AO even when all documents are on record. 3. Ground Based on facts and circumstances of the case and in law, the AO has erred

M/S. PRIME OCEANIC PVT. LTD. GANDHI NAGAR, UPLA SONAVA, SCHEME NO.8, ALWAR,ALWAR vs. ITO WARD-2(3), ALWAR, ALWAR

In the result, the disallowance so made is directed to be deleted and the ground of appeal is allowed

TDS u/s 195 and consequently the provisions of Section 40(a)(i) of the Act cannot be invoked for making the disallowance. In the facts and circumstances of the case, the disallowance so made by the AO U/s 40(a)(i) of the Act is hereby deleted and ground of appeal is allowed. 18. In ground of appeal No. 2

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

In the result, the appeals of the assessee in ITA no

19 and 21)\n(In favour of revenue)\"\nIn the present case also, the receipts of amounts for land and construction\nactivity are treated as commercial nature and hence, the AO shall treat the\nreceipts as business receipts and the surplus as per the accounts should be\ntaxed as the benefit of section 11 are not to be given

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

19 and 21)\n(In favour of revenue)\"\n\nIn the present case also, the receipts of amounts for land and construction\nactivity are treated as commercial nature and hence, the AO shall treat the\nreceipts as business receipts and the surplus as per the accounts should be\ntaxed as the benefit of section 11 are not to be given

CAREER POINT LIMITED,KOTA, RAJASTHAN vs. PRINCIPAL COMMISSIONER OF INCOME TAX, UDAIPUR, RAJASTHAN

In the result, the appeal of the assessee is allowed

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

19. Here, on facts, the Tribunal noted that the AO only discussed the provisions of section 14A(l) but has not justified how the expenditure the Assessee incurred during the relevant year related to the income not forming part of its total income. The AO, according to the Tribunal, straightaway applied Rule 8D. Indeed, there must be a proximate relationship

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

TDS of Rs.21,850/- has been deducted. The same is also evident from Form 26AS. As per the contract assessee was to provide IT training to the students. 2. The AO observed that the assessee had made payment against credit card bills amounting to Rs.5,26,000/- and earned contract receipts of Rs.13,90,000/-. Assessee has not responded

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

2), Kota\ntransferred this case back to the O/o Ward 4(1), Chandigarh vide office letter No.\n1064 dated 9.10.2017 on the ground that the appellant as presently not residing\nthere and was not traceable.\n5.3 During the assessment proceeding despite giving multiple opportunities, the\nappellant did not file any submission before AO. Accordingly order u/s 144r.w.s.\n147

WORLDWELFARE HEALTH FEDERATION,JAIPUR vs. COMMISSIONER OF INCOME TAX(EXEMPTION), JAIPUR

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

Bench: Rejecting The Application For Registration U/S 12Ab. No Show Cause Notice Before The Rejection Of The Application Was Issued To The Assessee. 3. That The Ld. Cit(Exemption) Has Not Given Adequate Time For Submitting Responses To Notices U/S 133(6). Notices Were Issued On 24/03/2023 (Friday) To Three Parties & Without Waiting For Their Responses, The Order Of Rejection Was Issued On 28/03/2023 (Tuesday) In A Hurried Manner. 4. Appellant Craves The Right To Add, Alter, Modify Or Amend In Any Manner The Grounds Of Appeal On Or Before The Hearing.”

19, 2019-20 and 2020-21. There was a significant rise in the demand for medical research studies in the post-covid era and assessee-trust was contacted by pharma companies to undertake such research studies. The research activities of the trust commenced after the joining of Dr Shiven Bhandari wef 15/11/2021 in the capacity of Trustee-Director. c) Assessee