ISYS SOFTECH PRIVATE LIMITED,JAIPUR vs. CIT (A), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

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

244 is misleading as Honourable Court has rightly reiterated the provisions of section 275(1)(c) and there is nothing in the order to draw inference in favour of the appellant. 5 Isys Softech Private Limited vs. ITO It is further observed that the penalty order u/s 271(1)(c) was passed well within the limitation period prescribed

ELCON DRUGS & FORMULATION LTD.,JAIPUR vs. JCIT(OSD), CIRCLE-4, JAIPUR

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

TDS has been deducted from interest of Rs. 3,36,201/- paid to various financial institution. However, form 26A in accordance with section 201(1) of the I.T. Act of India Bulls Financial Services ltd. for Rs. 2,36,244

PARADISE INFRASTRUCTURE,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1,, JAIPUR

In the result, the appeal filed by the assessee is allowed

Bench: The Learned Ao.

TDS could not be discharged by the assessee, therefore, it further establishes the violation of provisions of section 40(a)(ia) of the Act. Accordingly, as per provisions of Section 40(a)(ia) r.w.s. 194A of the Act, the 30% of interest expenditure amount to Rs. 27,132/- (30% of 90,441/-) was hereby disallowed 5 Paradise Infrastructure vs. ACIT

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. 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

HIMMAT MAL DOSHI,JAIPUR vs. ITO, JAIPUR

In the result, ground taken by the assessee is dismissed

TDS defaults if amount is payable. If amount is actually paid and tax is not deducted under the above sections, section 40(a)(ia) is not applicable. Section 40(a)(ia) has to be subjected to restrict interpretation. Going by the rule of strict interpretation, the default with reference to actual “payment” of expenditure would not entail disallowance. The aforesaid

PUNJAB NATIONAL BANK ,BHILWARA vs. ITO, TDS, AJMER

In the result, we confirm the order of ld

Section/ Name of Payment Rate of Short fall Default in Period for Interest Total Nature of the amount TDS of TDS respect of interest u/s 201 Intererst payment recipient short fall (1A) @ & tax of TDS 1% liability Shree Rs. 10% Rs. Rs. 96 Rs. Rs. Ganesh 1,90,988/- 19,004/- 19,004 Months 18,244

DALAS BIOTECH LIMITED,BHIWADI vs. THE ASSISTANT COMMISSIONER OF INCOME-TAX, ALWAR

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

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

244. It is noted that the ld. AR has made efforts to brief us regarding earlier proceedings of first round of litigation and towards explaining it, the ld. AR specifically submitted that Smt.Lekha Rajani though being Director of the Company had neither looked after the financial affairs of the assessee company nor recorded her financial matters. It was submitted

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)

TDS, interest on refund has to be calculated at the rate of 0.5 percent for every month or part of a month comprised in the period M/s. Girnar Software Pvt. Ltd., Jaipur. from the 1st day of April of the assessment year to the date on which the refund is granted. Refund is granted when the refund voucher is actually

AJAY BAKLIWAL,KOTA vs. ACIT, CENTRAL CIRCLE, KOTA, KOTA

In the result, the appeal of the assessee is allowed

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

244 (SC)[22-08-2016]. The ITAT Chennai Bench 'A' in the case of Sri Sai Balaji Gas Cylinder (P.) Ltd. v. Assistant Commissioner of Income-tax (OSD) [2023] 155 taxmann.com 319 (Chennai -Trib.) [09-06-2023] considered this issue and held as under- 12. We have gone through the arguments of the Ld. Counsel for the assessee in light

ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR vs. JITENDRA KUMAR AGARWAL, JAIPUR

In the result, the appeals filed by the Revenue are dismissed

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

244 CTR 51 (Delhi)[08-04-20111 Some of the arguments made on behalf of the assesse as noted in the judgement are as under:- "It was also argued that the legislative intent in connection with section 271 of the Act is further fortified from the various Explanations provided in the said provision. In this regard, Explanation 4 is relevant

ASSISTANT COMMISSIONER OF INCOME TA , JAIPUR vs. SHRI NATH CORPORATION, JAIPUR

In the result, the appeals filed by the Revenue are dismissed

244 CTR 51 (Delhi)[08-04-2011]\nSome of the arguments made on behalf of the assesse as noted in the judgement are as under:-\n\"It was also argued that the legislative intent in connection with section 271 of the Act is further fortified from the various Explanations provided in the said provision. In this regard, Explanation

ASSISTANT COMMISSIONER OF INCOME-TAX, JAIPUR vs. ROYAL JEWELLERS, JAIPUR

In the result, the appeals filed by the Revenue are dismissed

244 CTR 51 (Delhi)[08-04-20111\nSome of the arguments made on behalf of the assesse as noted in the judgement\nare as under:-\n\"It was also argued that the legislative intent in connection with section 271 of the\nAct is further fortified from the various Explanations provided in the said\nprovision. In this regard, Explanation

SHRI SURESH MAL LODHA, 537-38, MAHIMA TRINITY, NEW SANGANER ROAD, SWEJ FARM, JAIPUR,JAIPUR vs. ACIT JAIPUR, JAIPUR

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

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

244 4. CIT vs Vidyagauri Natwar Lal, 238 ITR 91 (Guj) Taking all these facts into consideration, the AO was satisfied that the assessee had concealed income of Rs.23,33,440/- and the assessee is liable for penalty u/s 271(1)© of the Act. Thus the AO computed the penalty amount of Rs.7,93,130/- and levied the same upon

AU SMALL FINANCE BANK LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAIPUR-1

In the result both the appeals filed by the assessee in ITA

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

TDS. The assessee is a Non-Banking Finance Company which is engaged in the business of providing small loans, vehicle loans, small and medium enterprises loans in rural and semi-urban areas, issuing debentures etc. It is noted from the assessment order that due to change of incumbent, notice u/s 142(1) along with the questionnaire was issued

ACIT,CC-4, JAIPUR vs. SHRI RAMESH KUMAR MANTRI, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS by various persons and entities of the Maverick group including assessee, along with many other individuals and entities (who are not at all related with assessee). These excel sheets contained details of amount borrowed, interest paid, Tax deducted, amount of loan returned with dates of assessee, as also contained the last column which had further sub columns which

ACIT, CC-4, JAIPUR vs. SHRI MUKUT BEHARI AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS by various persons and entities of the Maverick group including assessee, along with many other individuals and entities (who are not at all related with assessee). These excel sheets contained details of amount borrowed, interest paid, Tax deducted, amount of loan returned with dates of assessee, as also contained the last column which had further sub columns which

ACIT, CC-4, JAIPUR vs. SHRI MUKUT BEHARI AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS by various persons and entities of the Maverick group including assessee, along with many other individuals and entities (who are not at all related with assessee). These excel sheets contained details of amount borrowed, interest paid, Tax deducted, amount of loan returned with dates of assessee, as also contained the last column which had further sub columns which

ACIT, CC-4, JAIPUR vs. SMT. ASHA JAIN, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS by various persons and entities of the Maverick group including assessee, along with many other individuals and entities (who are not at all related with assessee). These excel sheets contained details of amount borrowed, interest paid, Tax deducted, amount of loan returned with dates of assessee, as also contained the last column which had further sub columns which