M/S. RATAN CONDUCTORS,JAIPUR vs. ACIT, CIRCLE-4, JAIPUR

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

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1259/Jp/2019 Assessment Year: 2012-13 M/S Ratan Conductors, Cuke A.C.I.T., Vs. H-377(B), Road No. 17, Vki Area, Circle-4, Jaipur. Jaipur. Pan No.: Aabfr 8166 P Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Ashok Kr. Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 05/08/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 02/09/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Jaipur Dated 21/08/2019 For The A.Y. 2012-13 Wherein Following Grounds Have Been Taken By The Assessee: “1. Disallowance Of Interest Of Rs. 17,73,769/- On Account Of Non Tds:- That On The Facts & In The Circumstances Of The Case Ld. Cit(A) Has Grossly Erred In Law & Facts In Confirming Disallowance Of Interest Of Rs.17,73,769/- Paid To M/S Barelays Investment & Loan (India) Ltd. (Rs. 298826/-) & M/S Future Capital (Rs. 1474943/-) On Account Of Non Deduction Of Tds Thereon By Invoking Provisions Of Section 40(A)(Ia) Of The It Act 1961. (A) The Assessee Firm Paid, Interest Of Rs. 2,98,826/- To Nbfc. M/S Barelays Investment & Loan (India) Ltd. & Rs.14,74,943/- To M/S Future Capital Another Nbfc. The Assessee Firm Raised Loan

TDS thereon by invoking provisions of section 40(a)(ia) of the IT Act 1961. (a) The assessee firm paid, interest of Rs. 2,98,826/- to NBFC. M/s Barelays Investment & Loan (India) Ltd. and Rs.14,74,943/- to M/s Future Capital another NBFC. The assessee firm raised loan 2 ITA 1259/JP/2019_ Ratan Conductors Vs ACIT from said NBFCs

GOVINDAM BRJ INFRA PROJECTS PRIVATE LIMITED,JAIPUR vs. ACIT/DCIT CIR-6,JPR, JAIPUR

The appeals of the assessee are allowed

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

234A and 234B, which becomes unjustified in view of the arbitrary addition made. 7. The ld. CIT (A) erred in not properly considering the grounds relating to initiation of penalty proceedings u/s 270A, 271A and 272A(1)(d), which are not sustainable when the primary addition itself is not justified. 8. The appellant craves leave to add, amend, alter

KRYA VIKRAYA SAHAKARI SAMITI LIMITED DEOLI,DEOLI TONK vs. ITO TONK, TONK

Appeal of the appellant is dismissed and the order of the AO is confirmed

Bench: Him.

234a, 234b and 234C which is unlawful, unjustifiable and against the natural justice hence deserve to be quashed. 6. The appellant prays your honour to add, amend alter, delete all or any ground of appeal on or before hearing.” 2.2 In this appeal, the ld. AR of the assessee raised additional ground under Rule 11 of ITAT Rules, 1963 which

SHANKAR ENGINEERING WORKS FOUNDRY,JAIPUR vs. ITO WD 4(2), JAIPUR

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

section 250 of the IT Act for the assessment year 2017-18. The assessee has raised the following grounds :- 1. Notice U/s 148 is illegal Notice U/s 148 is illegal Notice U/s 148 is illegal: Notice U/s 148 is illegal : : : The Ld. CIT(A) (NFAC) has grossly erred in confirming the impugned order

GOVINDAM BRJ INFRA PROJECTS PRIVATE LIMITED,JAIPUR vs. ACIT/DCIT CIR-6,JPR, JAIPUR

The appeals of the assessee are allowed

234A and 234B, which becomes unjustified in view of the arbitrary addition\nmade.\n7. The ld. CIT (A) erred in not properly considering the grounds relating to\ninitiation of penalty proceedings u/s 270A, 271A and 272A(1)(d), which are not\nsustainable when the primary addition itself is not justified.\n8. The appellant craves leave to add, amend, alter

SHRI SUNDER LAL ADVANI,KOTA vs. INCOME TAX OFFICER, KOTA

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

TDS on interest by brushing aside assessee’s reasonable explanations and submissions and the learned CIT (Appeals), Kota also erred in confirming the same to the extent of Rs. 55,820/- without there being any basis. 4. That the ld. Assessing Officer further erred in disapproving the carried forward Speculation loss of A.Y. 2011-12 and making an addition

ALLEN CAREER INSTITUTE,JAIPUR vs. JCIT, KOTA

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

TDS in this year only since was shown in AS 26 of this year only. 3. As per Section 22, “Annual Letting value” which was available in this case, hence was rightly declared. The impugned disallowance kindly be deleted in full.” 9.4 On the other hand, the ld. DR strongly relied upon the findings recorded by the authorities below

DUSHYANT KUMAR TYAGI,G1-1103 R.I.A. vs. DCIT CPC BENGALURU, BHIWADI

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

TDS on interest paid u/s 40(a)(ia) of the I.T. Act, 1961. Even otherwise, the claim of the assessee is allowable u/s 37(1) read with section second proviso to Section 40(a)(ia) further read with first proviso to section 201(1) of I.T. Act, 1961 inserted by Finance Act, 2012 w.e.f. 01-04-2013 in view

AHLUWALIA ERECTORS & FABRICATORS PRIVATE LIMITED, KOTA,KOTA vs. DCIT/ACIT CIR-2, KOTA, KOTA

In the result the appeal of\nthe assessee in ITA no 199/JP/2025 is allowed for statistical purposes

234A, 234B & 234C of the Act. The\nappellant totally denies it liability of charging of any such interest. The interest,\nso charged, being contrary to the provisions of law and facts, kindly be deleted in\nfull.\n3\nITA Nos.197 to 199/JP/2025\nAhluwalia Erectors & Fabricators Pvt. Ltd.\n6. The appellant prays your honour to add, amend or alter

AHLUWALIA ERECTORS & FABRICATORS PRIVATE LIMITED,KOTA vs. DCIT/ACIT CIR-2, KOTA

In the result the appeal of\nthe assessee in ITA no 199/JP/2025 is allowed for statistical purposes

234A, 234B & 234C of the Act. The\nappellant totally denies it liability of charging of any such interest. The interest,\nso charged, being contrary to the provisions of law and facts, kindly be deleted in\nfull.\n3\nITA Nos.197 to 199/JP/2025\nAhluwalia Erectors & Fabricators Pvt. Ltd.\n6. The appellant prays your honour to add, amend or alter

AHLUWALIA ERECTORS & FABRICATORS PRIVATE LIMITED, KOTA,KOTA vs. DCIT/ACIT CIR-2, KOTA

In the result the appeal of\nthe assessee in ITA no 199/JP/2025 is allowed for statistical purposes

234A, 234B & 234C of the Act. The\nappellant totally denies it liability of charging of any such interest. The interest,\nso charged, being contrary to the provisions of law and facts, kindly be deleted in\nfull.\n3\nITA Nos.197 to 199/JP/2025\nAhluwalia Erectors & Fabricators Pvt. Ltd.\n6. The appellant prays your honour to add, amend or alter

DCIT, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. KAMLAPRABHA L/H OF LATE SHRI GOPAL LAL JI GOSWAMI, KOTA

In the result, the appeal of the revenue is dismissed and the Cross objection of the assessee is disposed off in terms of the observation made herein above

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

Section 153C of the Income-tax Act, 1961 - Search and seizure - Assessment of any other person (Validity of) - Assessment year 2007- 08 - In appellate proceedings, Tribunal recorded a finding that satisfaction for initiation of proceedings under section 153C was recorded by Assessing officer on 02-02-2015 - Tribunal thus opined that Assessing Officer could not have initiated and passed

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)

234A, 234B & 234C of the Act. 5. The appellant reserved his right to add, amend or alter the grounds of appeal on or before the date of appeal hearing. 2. The appeal filed by the assessee is delayed by 21 days. The ld. A/R has filed condonation application dated 20.11.2024 stating that “ That reason for late filing was that

MAHESH CHAND GOYAL,ALWAR vs. ITO, WARD 1(2), ALWAR

In the result, the appeal of the assessee is allowed

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalmahesh Chand Goyal, H-6, Rishi Trading Co., Newanaj Mandi, Alwar 301001 Pan No.:Abtpg9841M ...... Appellant Vs.

TDS u/s. 194Q. 4 The appellant craves leave to add, amend or withdraw any of the grounds of appeal during the course of appellate proceedings. The grounds of appeal are without prejudice to each other. 2. The brief facts of the case are that the assessee filed his return of income on 09.11.2022 declaring total income

ITO, WARD-2(2), JAIPUR vs. SHRI GIRRAJ AGARWAL, JAIPUR

234A(3) & 2348(3) while giving effect to this appellate order. 4. प"रणाम "व"प अपील "वीकृत क" जाती है। In the result, the appeal is allowed to the extent indicated above.” 7. Aggrieved from the finding of the ld. CIT(A) the revenue has preferred this appeal on the grounds as reproduced here in above. The main grievance

ROOM NO. NA-103, NEW ANNEXE, NCR BUILDING, STATUE CIRCLE, , JAIPUR vs. SHRI LAXMI RAM KHANDELWAL, JAIPUR

234A(3) & 2348(3) while giving effect to this appellate order. 4. प"रणाम "व"प अपील "वीकृत क" जाती है। In the result, the appeal is allowed to the extent indicated above.” 7. Aggrieved from the finding of the ld. CIT(A) the revenue has preferred this appeal on the grounds as reproduced here in above. The main grievance

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR vs. SHRI RAMESH DANGAYACH, JAIPUR

234A(3) & 2348(3) while giving effect to this appellate order. 4. प"रणाम "व"प अपील "वीकृत क" जाती है। In the result, the appeal is allowed to the extent indicated above.” 7. Aggrieved from the finding of the ld. CIT(A) the revenue has preferred this appeal on the grounds as reproduced here in above. The main grievance

M/S ALLEN CAREER INSTITUTE,JAIPUR vs. INCOME TAX OFFICER, WARD-2-1, KOTA

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

234A, 234B, 234C & 234D of the Act and as also in withdrawing interest u/s 244A of the Act. The appellant totally denies its liability of charging and withdrawal of any such interest. The interest so charged/withdrawn, being contrary to the provisions of law and facts, kindly be deleted in full. 2.1 Ground No. 1 of the assessee is general

RUDRAX SHINE LOGISTIC PRIVATE LIMITED,BUNDI vs. ITO WARD BUNDI, BUNDI

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

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

TDS for some payments of various expenses. The Id. AO also erred in making the additions without invoking the provisions of Sec. 145(3) or without rejecting the books of accounts. The Ld. CIT(A) and AO have also erred in not considering the vital facts and material available on record in their true perspective and sense. Hence the addition