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)

9 Shri Nath Corporation & Ors., Jaipur. Accordingly as there is no adverse impact on the tax liability due to the change of head of income in the present case, considering the explanation 4 in sub section (1) in the section 271 no penalty is leviable due to this aspect. Further, regarding the surrender during survey, the penalty was initiated

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated hereinabove

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

TDS 15,65,426 Nil Nil Thus after the order of ITAT dt.10.04.2018 (PB 25-94), following disallowance made by the AO stood confirmed:- Disallowance of CSR Expenses Rs.40,42,000/- Disallowance u/s 14A Rs.37,19,337/- After the order of Hon’ble ITAT, AO again issued notice dt.14.03.2019 (PB 17) to show cause why penalty u/s 271(1

ACIT, CIRCLE, BHARATPUR vs. M/S. JAGDAMBE STONE COMPANY, BHARATPUR

In the result, this appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

TDS under the provision of section 40(a)(ia) of the Act? 11 ITA 1171/JP/2019_ ACIT Vs M/s Jagdambe Stone Company In order to bring clarity, it is imperative to go into the provisions of section 40(a)(ia) of the Act. The provision of the section is as follows: 40. Notwithstanding anything to the contrary in sections

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated\nhereinabove

TDS | 15,65,426 | Nil | Nil\n\nThus after the order of ITAT dt.10.04.2018 (PB 25-94), following disallowance\nmade by the AO stood confirmed:-\n\nDisallowance of CSR Expenses\nDisallowance u/s 14A\nRs.40,42,000/-\nRs.37,19,337/-\n\nAfter the order of Hon'ble ITAT, AO again issued notice dt.14.03.2019 (PB 17) to\nshow cause why penalty

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)

v. Asstt. CIT [2022] 443 ITR 186 (Delhi) has observed as under (relevant extracts produced): • The action of the income-tax authority of denying immunity from penalty initiated under section 270A for misreporting of income was not only erroneous but also arbitrary and bereft of any reason as it was not specified in the penalty notice whether

JAIPUR TELECOM PVT. LTD,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)

v. Asstt. CIT [2022] 443 ITR 186 (Delhi) has observed as under (relevant extracts produced): • The action of the income-tax authority of denying immunity from penalty initiated under section 270A for misreporting of income was not only erroneous but also arbitrary and bereft of any reason as it was not specified in the penalty notice whether

STATE BANK OF INDIA (EARLIER KNOWN AS SBBJ),AJMER vs. INCOME TAX OFFICER(TDS), AJMER, AJMER

TDS) Kota, is applicable in the case of the assess bank. Thereafter,\nthe AO discussing the legal position of Rule 2B of the Income Tax Rules and\nSection 10(5) of the IT Act, 1961, treated the assessee bank to be an assessee in\ndefault within the meaning of section 201 of the IT Act, 1961 and raised a total

SAKET AGARWAL,JAIPUR vs. INCOME TAX OFFICER WARD 1(3) JAIPUR, JAIPUR

v.\nAssistant Commissioner of Income-tax, Central Circle-13,\nNew Delhi [2012] 23 taxmann.com 386 (Delhi) held that\n\"Section 6 of the Income-tax Act, 1961 - Residential status\n- Assessment years 2001-02, 2002-03 and 2004-05\nWhether residential status of a person for purpose of\nsection 6 is to be determined only on basis of number

CENTRE FOR DEVELOPMENT COMMUNICATION TRUST,JAIPUR vs. COMMISSIONER OF INCOME TAX EXEMPTION, JAIPUR

TDS u/s. 194C of the act\nwerereceived as contract receipts for removal of solid waste and the same was\nconsidered as violative of provision of section 2(15) of the Act. The second part of\nthe notice was that the assessee has advanced a sum of Rs. 2,25,68,932/- to the\nperson covered

ASSOCIATED SOAPSTONE DISTRIBUTING CO PRIVATE LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -2, JAIPUR, JAIPUR

9] [In favour of assessee]...”\n2.4.ii Resolve Salvage & Fire India (P.) Ltd. [2022] 139 taxmann.com 196\n(Mumbai - Trib.)[CLC - Page 56]\n"....Section 37(1), read with section 201, of the Income-tax Act, 1961\nBusiness expenditure - Allowability of (Interest on delayed payment of\nTDS) Assessment year 2015-16 - Assessee paid interest on late\nsubmission of TDS and claimed

INCOME TAX OFFICER, JAIPUR vs. RVCF TRUST-II, JAIPUR, JAIPUR

In the result, the appeal of the Revenue is dismissed

Bench: The Income Tax Appellate Tribunal, Jaipur Within 30 Days I.E. On Or Before 13.06.2022. In View Of The Above The Physical Appeal Was Filed On 19.05.2022 Well Before 12.06.2022 As Directed In The Said Mail.

section 161 to 164 of the Act. Accordingly, once the respective shares of the beneficiaries are found to be terminable, the income is required to be taxed in the hands of that respective sharer or the beneficiaries but certainly not in the hands of the Trustees which has already been shown in the present case. Accordingly, AO’s action

HIMANSHU GUPTA,JAIPUR vs. ITO WARD-6(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

TDS credit and was accordingly issued refund but in the subsequent year i.e. the year under consideration (A.Y. 2017-18), the assessee received notice u/s 143(1) of the Act intimating the assessee that the stipend is proposed to be added to the total income of the assessee. As per records, in response thereto, the assessee categorically stated that said

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

TDS of\nRs.21,850/- has been deducted. The same is also evident from Form 26AS. As\nper the contract assessee was to provide IT training to the students.\n2.\nThe AO observed that the assessee had made payment against credit\ncard bills amounting to Rs.5,26,000/- and earned contract receipts of\nRs.13,90,000/-. Assessee has not responded

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

TDS of Rs.21,850/- has been deducted. The same is also evident from Form 26AS. As per the contract assessee was to provide IT training to the students. 2. The AO observed that the assessee had made payment against credit card bills amounting to Rs.5,26,000/- and earned contract receipts of Rs.13,90,000/-. Assessee has not responded

ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS, CIRCLE, JAIPUR, JAIPUR RAJASTHAN vs. NAVRATAN VIDHA MANDIR SHIKSHA SAMITI, JAIPUR RAJASTHAN

In the result appeal filed by the Department is dismissed and the C

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

9,88,370/- Central Academy Jhodpur Education Society Central Academy Banar, Jodhpur 25,00,000/- Total 1,57,35,091/- The constitution of both the societies along with the registration granted u/s 12AA of the Act to these societies is at PB 51 to 60 & 61-74. Both the societies exists solely for the education. These societies are under

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

v. Ambadi Krishna Menon (2024) 163\ntaxmann.com 141 (Kerala) (Pr.8) (DC 21-28) quashed a penalty-imposed u/s\n271(1)(c) holding that:\n“Section 271(1)(c) of the Income Tax Act, 1961 – Penalty – For concealment of\nincome – Assessment year 2011-12 - Assessee filed return for AY 2011-12,\ndeclaring income and capital gains, which was processed under Section

MANISH GOVIND DANGI,UDIAPUR vs. ACIT, CIRCLE (INTL.TAX), JAIPUR

The appeal of the assessee is allowed for statistical purpose

9 Manish Govind Dangi vs. CIT(A), Delhi-42 there is no implication of the provisions of the Section 1941A of the Act on the Appellant transaction. 5.1.2. Without prejudice to above, it is also submitted that provision of Section 1941A of the Act were applicable from 01.06.2013 and at the time of booking the property

AJOY SHARMA,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

v. Ambadi Krishna Menon (2024) 163\ntaxmann.com 141 (Kerala) (Pr.8) (DC 21-28) quashed a penalty-imposed u/s\n271(1)(c) holding that:\n“Section 271(1)(c) of the Income Tax Act, 1961 – Penalty – For concealment of\nincome – Assessment year 2011-12 - Assessee filed return for AY 2011-12,\ndeclaring income and capital gains, which was processed under Section