JAIPUR TELECOM PRIVATE LIMITED,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

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

9) of the Income Tax Act. Since all the grounds of appeal are interconnected, the same are canvassed together for the sake of convenience. Brief facts pertaining to the grounds of appeal are that penalty has been imposed on disallowance made vide order passed u/s 143(3), Rs.66,466/- on account of interest on TDS and Rs.19

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

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)

9 Aman Exports International vs. DCIT 6.1 In support of the grounds the ld. AR of the assessee reiterated the submission made before the ld. CIT(A) and the same is reproduced for the sake of brevity: “The facts of the case are that the assessee Firm is engaged in Manufacturing and Export of Garments etc. filed its return declaring

ITO, KOTA vs. BABU LAL SOMANI, KOTA

TDS on labour & transactions u/s 40(a)(ia), addition on account of violation of provisions of section 40A(3), etc. The ld CIT(A) has held that since the books of accounts have been rejected, estimation of net profit should be made in the instant case. Further, ld CIT(A) has held that where books of accounts have been rejected

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

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

TDS under section 194C of the Act while making the payment to such security agency. However, the payment have been made in cash to the security guards on behalf of M/s Bikaner Detective Security Service. The genuineness and the bona fide of the transaction are, therefore, not in dispute. The question that arises for consideration is what were the compelling

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

9(1)(vii) of the Act which defines the term Fees for technical services or the payment was made as a professional fee. Once the assessee has deducted the TDS which is a bonafide decision of the assessee that the provisions of section 194C is applicable in respect of the said payment made under sub-contract, then even

M/S AMRAPALI EXPORTS,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, the ground No

TDS under law, such (ii) If deduction under section 40A(3) of the Act is not allowed, the same would have to be added to the profits of the undertaking on which the assessee would be entitled for deduction under section 80-IB of the Act. This view was taken by the court in the following case: 8 M/s Amrapali

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

TDS and the same has been duly deducted and paid. It is worthy to note that the income of Smt. Reshma Morani was under highest tax bracket (copy of computation of total income and ITR V are enclosed (placed on 1-5 of paper book)), this proves that there was no intention to save income tax liability. 5 M/s Morani

ITO WARD-7(2), JAIPUR, WARD-7(2), JAIPUR vs. M/S. SILVEX & COMPANY G-1/35 TO 37, 47, 48 EPIP, JEWELLERY ZONE, SITAPURA INDUSTRIAL AREA, JAIPUR, JAIPUR

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

9. Later on, based on certain information stated to have been received during the search operation carried out in the case of Praveen Jain &Bhanwar Jain group, Mumbai by the DIT(Inv.), wherein it was found out that the concerns of the above group were involved in providing accommodation entries of bogus unsecured loans and advances, bogus sales, share capital

M/S. SILVEX & COMPANY INDIA LTD.,JAIPUR vs. ITO WARD-7(4), JAIPUR

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

9. Later on, based on certain information stated to have been received during the search operation carried out in the case of Praveen Jain &Bhanwar Jain group, Mumbai by the DIT(Inv.), wherein it was found out that the concerns of the above group were involved in providing accommodation entries of bogus unsecured loans and advances, bogus sales, share capital

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

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

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

section 40A(2)(a) for making entire disallowance of commission paid to Mrs Annu Gupta, spouse of brother of assessee as she is neither relative nor having substantial interest in the business. 6. The ld DR is heard who has vehemently argued the matter and relied on the findings of the lower authorities. He submitted that the assessee has failed

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)

9 Shiv Kripa Hotels Pvt. Ltd., vs. DCIT ld.AO to allow the deduction claimed in A.Y. 2014-15 by misinterpreting 2nd proviso to section 40. At this juncture, first and second proviso to section 40(a)(ia) are reproduced for the sake of convenience: “40. Notwithstanding anything to the contrary in sections 30 to [38], the following amounts shall

LALITA KUMARI,ANTA DISTRICT BARAN vs. COMMISSIONER OF INCOME TAX (APPEALS), NFAC, DELHI

In the result, appeal of the assessee is allowed

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

9 of the appeal order in the last sentence, when the whole of the interest from FDs after deducting interest expenses been declared as business income (more so when the funds were utilized for business). - When the funds relate to business, the interest earned and paid relates to business, then baseslessly disallowing some part of interest lacks legal footing

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

In the result, the appeals are partly allowed

9. We shall first take up the issue relating to rejection of books of accounts u/s 145(3) of the Act, whether it was as per law raised in Ground of appeal No.1(a),(b),(c). Undeniably the power to reject books of accounts is to be exercised only when the books are found incorrect or incomplete for determining

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

In the result, the appeals are partly allowed

9. We shall first take up the issue relating to rejection of books of accounts u/s 145(3) of the Act, whether it was as per law raised in Ground of appeal No.1(a),(b),(c). Undeniably the power to reject books of accounts is to be exercised only when the books are found incorrect or incomplete for determining

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

In the result, appeal of the assessee is allowed

40A(3). 18 ITA 283/JP/2020_ M/s Guru Kripa Career Institute P Ltd. Vs PCIT iv) Alleged non-verification of claim of depreciation on computer and furniture and vehicle running expenses, advertisement expenses v) Abnormal increase in Cash in hand post survey vi) Outstanding liabilities in sundry creditors for advertisement and rent expenses and staff payable vii) Alleged non-verification

DEREWALA INDUSTRIES LIMITED,JAIPUR vs. ACIT/DCIT CIR-6, JAIPUR

Appeal is partly allowed; while

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

40A (i) of the Act, the Assessing Officer observed that the assessee was found to have paid commission of Rs. 12, 10,958/- to foreign agents as sales commission and also by way of purchases commission, but he did not make any deduction by way of TDS in compliance of provisions of section