SUBHASH PARETA,KOTA vs. ACIT, KOTA

In the result, the appeal of the assessee and the revenue are disposed off with above directions

40A(3) has been rightly deleted by the ld CIT(A). The ground no. 2 of revenue’s appeal is accordingly dismissed. 29. Regarding ground No. 3 of the Revenue’s appeal relating to deletion of addition on account of unexplained expenditure of Rs 1,18,34,723 under Section 69C, briefly the facts of the case are that

M/S MORANI CARS PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, WARD-6, JAIPUR

In the result the appeal of the assessee is partly allowed

section 40A(2) of the Act, any unreasonable expenditure is disallowable. Identical issue has been covered by the Hon'ble High Court, Punjab & Haryana in the case of Subhash Chander Malik vs. DCIT [2015] 57 taxmann.com 180 (Punjab & Haryana) wherein the Hon'ble Court, upheld the disallowance made by the AO on account of excess rent paid. Further

BANSAL CLASSES PVIVATE LTD.,KOTA vs. JCIT, KOTA

In the result, revenue’s ground of appeal is allowed for statistical purposes

40A(2)(b) out of salary paid; (iv) deleting the addition of Rs. 4,90,07,505/- made by the AO on account of disallowance of deduction claimed by assessee u/s 80G.” 3. In its first ground of appeal, the assessee has challenged the action of ld. CIT(A) in not allowing the software expenses

SHRI ANIL KUMAR GUPTA,JHUNJHUNU vs. INCOME TAX OFFICER , JAIPUR

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

TDS @ 10%. Mr. Sanjay Gupta is regular income tax payer and he disclosed the same commission in his Income Tax Return and offered for taxation. The Assessing Officer has invoked the provision of section 40A(2

AMAN EXPORTS INTERNATIONAL,JAIPUR vs. DCIT CIRCLE 1, JAIPUR

In the result, appeal of the assessee is partly allowed

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

section 40A(3). Ground No. 4 That the assesse provided all relevant documents confirmations to prove genuineness creditworthiness and identity of creditor hence the addition made treating the same as purchase as bad in law and hence no further addition in respect of other disallowance can be made Had the learned Assessing Officer had not made addition u/s 68 which

SUPERSONIC TURNERS PVT. LTD,JAIPUR vs. ACIT, JAIPUR

In the result, appeal of the assessee is allowed

TDS and cash payment was also made to the person who is assessed to income tax and the payment was within the permissible limits of Section 40A(3) of the Act. The expenses are reasonable and are resulting into receipts because these expenses are directly related to the manufacturing part. The lower authorities have not pointed out any specific payment

M/S SILVEX & CO. (INDIA) LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeals are partly allowed

2,39,196/-. With regard to the remaining disallowance of Rs. 90,000/- made on account of short deduction of tax, it is seen that the assessee has complied with the provisions of TDS and made deduction though at a lower rate. The Hon’ble Calcutta High Court in the case of S.K. Tekriwal reported in 90 DTR page

M/S SILVEX & CO. (INDIA) LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeals are partly allowed

2,39,196/-. With regard to the remaining disallowance of Rs. 90,000/- made on account of short deduction of tax, it is seen that the assessee has complied with the provisions of TDS and made deduction though at a lower rate. The Hon’ble Calcutta High Court in the case of S.K. Tekriwal reported in 90 DTR page

APM INDUSTRIES LTD,BHIWADI, ALWAR vs. DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE - 1, ALWAR

In the result, appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 203/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2018-19 APM Industries Ltd. SP-147, Industrial Area Bhiwadi, Alwar cuke Vs. Deputy Commissioner of Income Tax Central Circle-01, Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AACCA 5114 G vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. S. L. Poddar jktLo dh vksj ls@ Revenue by : Smt. Monisha Choudhary (JCIT) a l

TDS has been made u/s. 206C of the Act. However, assessee shown sale of scrap of Rs. 2,02,58,204/- only in its profit and loss account of ITR. As such there is an under disclosure of sales of scrap by Rs. 33,39,,666/- which should have been added to the total income. She further noted from

MORANI FOURWHEELS PVT. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, ground taken by the assessee is allowed for statistical purposes

section 40A(3) of the I.T. Act. The AO further observed that the assessee is under contract with M/s Bikaner Detective Security Service and has deducted TDS u/s 194C on payment made to M/s Bikaner Detective Security Service. ITA No. 175/JP/16 M/s Morani Fourwheels Pvt. Ltd,Jaipur Vs. ACIT Circle-6,Jaipur Further, the AO observed that there

ITO, KOTA vs. BABU LAL SOMANI, KOTA

TDS and section 40A(3) of the Act on account of payment in cash beyond the prescribed threshold, the additions so made by the AO are hereby confirmed. 30. Regarding other expenses namely excessive/ bogus expenses amounting to Rs 2

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

SHRI GOVIND SWAROOP GARG,AJMER vs. INCOME TAX OFFICER, WARD-1-2, AJMER

In the result, ground is allowed for statistical purposes

40A(2)(b) of the Act. However when the matter was taken before ld. CIT(A). The ld. CIT(A) has given a categorical finding that the advance of Rs. 51,000,00/- given by the company to Shri Govind Garg for purchase of land for showroom and service station and such advance are for the purpose of business

SHIV KRIPA HOTELS PRIVATE LIMITED,JAIPUR vs. THE DCIT, CIRCLE-3

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

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

TDS along with a penal interest under section 13 Shiv Kripa Hotels Pvt. Ltd., vs. DCIT 201(A) and under section 220(2) secondly, he is again penalized by the provisions of section 40a

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)

40A, while the non-obstante clause of Section 115JB(1) is only and only in respect of subsection (1) of Section 115JB. Further, explanation 1 below Sec. 115JB(2) defines ‘book profit’. There is no non obstantive clause in the said provisions. It is very important to note that there is no non-obstantive clause to sub-section (2

M/S. GURU KRIPA CAREER INSTITUTE PVT. LTD.,SIKAR vs. PR.CIT-3, JAIPUR

In the result, appeal of the assessee is allowed

TDS Amount Landlord rented Rent premises Jagpal Singh Jyoti Nagar Class room 12,00,000/- 1,20,000/- HUF Piprali Road coaching building Sikar ½ portion Smt. Mamkaur Jyoti Nagar Class room 12,00,000/- 1,20,000/- Piprali Road coaching building Sikar ½ portion Gurukripa Jyoti Nagar Office and Class 26,46,000/- 2,64,600/- Career Piprali Road room coaching

A3LOGICS (INDIA) PRIVATE LIMITED,JAIPUR vs. PCIT, JAIPUR -1, JAIPUR

In the result, appeal of the assessee is dismissed

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

40a(ia)(ii) of the Act. Further the assessee debited rent expenses of Rs. 55,45,213/- whereas TDS has been deducted for an amount of Rs. 45,00,000/- thus 30 % of 10,45,213/- amounting to Rs. 3,13,564/- was liable to disallowed. Further to that the assessee had made late deposit of ESI/PF to exchequer totaling

ACIT, KOTA vs. VASTUVEDIK COLONIZERS & DEVLOPERS PVT. LTD., KOTA

In the result, ground no. (ii) of the revenue is dismissed and ground no

Bench: The Hon’Ble High Court Was Disallowance

40a(ia) of the Act. But the revenue's contention is that the payments are in the nature of machinery hire charges falling under the head 'rent' and the previous provisions of section 194I of the Act are applicable. According to revenue, the assessee has deducted tax @ 1% 2 u/s. 194C(2) of the Act as against the actual deduction