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

MUKESH RUSTOGI,JAIPUR vs. ACIT, JAIPUR

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

Bench: The End Of Year & Tax Has Been Paid By The Recipient. Hence The Disallowance Addition So Made & Confirmed By The Cit (A) Is Being Totally Contrary To The Provisions Of Law & Facts. Hence The Same May Kindly Be Deleted In Full.

TDS, on the amount which has been paid before the end of year and tax has been paid by the recipient. Hence the disallowance addition so made and confirmed by the CIT (A) is being totally contrary to the provisions of law and facts. Hence the same may kindly be deleted in full. 2 Shri Mukesh Rustogi

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.

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 reads as under

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

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case it is mandatory

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case it is mandatory

SHREE CEMENT LIMITED,BEAWAR vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

In the result, this appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

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

234C (Rs. 2,55,24,706/-) - Short Grant of TDS )Rs. 22,947/-) Shree Cement Limited, Beawar. Aggrieved by the order of AO, the assessee preferred appeal before the ld. CIT (Appeals). In response to the notice issued under section

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

PANKAJ RASTOGI,JAIPUR vs. CIT (A) NFAC, JAIPUR

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

Bench: Or At The Time Of Hearing.”

TDS made. 6. Per Contra, the ld. DR relied on the order of lower authorities and also admitted that there is no fault of the assessee as employer has not deducted tax but not paid to the credit of the Government and in accordance with the provisions of section 205 no recovery be made on the assessee. The credit should

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

SHRI VIKRAM SINGH SHEKHAWAT,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE, SIKAR

In the result, the appeals filed by the assessee in ITA No

TDS on interest payment of Rs. 15,97,572/- by ignoring the facts, settled legal position etc. Hence, the disallowance so made by the AO and confirmed by the ld. CIT(A) is being totally contrary to the provisions of law and facts on record and hence the same may kindly be deleted in full. 5. The AO has grossly

MEHAR CHAND GUPTA,ALWAR vs. INCOME TAX OFFICER, ALWAR

In the result, the appeal of the assessee is allowed

Bench: Itat & The Delay Occurred May Kindly Be Condoned.

section 56 of IT Act, 1961 and the CIT(A) has erred in not giving any finding thereon. 3. The Ld. AO has erred in law as well on the facts and circumstances of the case in not giving the credit of TDS of Rs.56,122/- u/s 194A and self assessment tax of Rs.7,230/- u/s 140A

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

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 any of the grounds

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

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 any of the grounds

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

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 any of the grounds

ACIT, KOTA vs. URBAN IMPROVEMNT TRUST, KOTA

In the result, appeals/cross objection are allowed for statistical purposes

TDS from the payments to Shri S.N. Kumawat towards legal expenses; (xvii) Deleting addition of Rs. 5,89,43,321/- on account of cheques issued, but time barred due to not being presented for payment; (xviii) Deleting addition of Rs. 8,03,93,856.79 made u/s 69A without appreciating the facts mentioned by the AO in the assessment order

URBAN IPROVEMENT TRUST,JAIPUR vs. ACIT, KOTA

In the result, appeals/cross objection are allowed for statistical purposes

TDS from the payments to Shri S.N. Kumawat towards legal expenses; (xvii) Deleting addition of Rs. 5,89,43,321/- on account of cheques issued, but time barred due to not being presented for payment; (xviii) Deleting addition of Rs. 8,03,93,856.79 made u/s 69A without appreciating the facts mentioned by the AO in the assessment order

URBAN IPROVEMENT TRUST, KOTA,JAIPUR vs. ITO, KOTA

In the result, appeals/cross objection are allowed for statistical purposes

TDS from the payments to Shri S.N. Kumawat towards legal expenses; (xvii) Deleting addition of Rs. 5,89,43,321/- on account of cheques issued, but time barred due to not being presented for payment; (xviii) Deleting addition of Rs. 8,03,93,856.79 made u/s 69A without appreciating the facts mentioned by the AO in the assessment order