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

32]\nThe revenue placed heavy reliance on the proviso to section\n133-156\n14.\nPrabodhan\nShikshanPrasarak\nSanthan V. DCIT,\nRatnagiri Circle [2014]\n44 taxmann.com 33\n(Pune-Trib.)\n12AA(3) and submitted that when the assessee has received\nincome from conduct of the matches, which are commercial\nin nature, the objects of the trust ceased to be charitable. It\nsubmitted

MAGENDRA SINGH RATHORE,ALWAR vs. ACIT CENTRAL CIRCLE-2, JAIPUR

gains of business and profession the\ndisallowance of alleged excess interest as per provision of section\n57(iii) is not correct. When the matter was carried to Id. CIT(A),\nthough he observed that the contention of the assessee has merits\non the legal ground raised but he has confirmed the finding of the\nId. Assessing Officer only

MAGENDRA SINGH RATHORE,ALWAR vs. DCIT CENTRAL CIRCLE-2, JAIPUR

In the result the appeal of the assessee is partly allowed

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

capital borrowed for the purposes of the business or Sh. Magendra Singh Rathore profession" has to be allowed as a deduction in computing the Income-tax under section 28 of the Act. 20. In Madhav Prasad Jatia v. CIT AIR 1979 SC 1291, this Court held that the expression "for the purpose of business" occurring under the provision is wider

SIYARAM EXPORTS INDIA PRIVATE LIMITED,JAIPUR vs. ITO WARD 6(4), JAIPUR, JAIPUR

Capital gains - Special\nprovision for computation of full value of consideration in certain cases [Reference\nto Valuation Officer] Assessment year 2009-10 - Assessee earned short term\ncapital gain on sale of property - Assessee made a claim before Assessing Officer\nthat value adopted or assessed by stamp valuation authority was higher than fair\nmarket value - Value adopted by stamp valuation authority

ASSISTANT COMMISSIONER OF INCOME TAX,EXEMPTIONS,CIRCLE,JAIPUR, JAIPUR vs. GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY, JAIPUR RAJASTHAN

In the results the appeal of the revenue stands dismissed

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

capital expenditure as application out of receipts for the year. Not pressed. Additional Ground :- The learned AO has wrongly disallowed the claim of benefit u/s 11 & 12 of the Income Tax Act, 1961 for violation of section 13(1)(c) r.w.s. 13(2)(b)/(g) of the Income Tax Act, 1961. The assessee has not taken this ground in original

RAJ KUMAR KANDOI,JAIPUR vs. ACIT CENTRAL CIRCLE 3, JAIPUR, JAIPUR

In the result, the appeal of the assessee stands allowed with no orders as to costs

32(2)]. (iv) Any other expenditure (not being a capital expenditure) expended wholly and exclusively for the purpose of earning of such income. 8 RAJ KUMAR KANDOI VS ACIT, CIRCLE-3, JAIPUR The case of the assessee is covered in point no. (iv). Hence the addition made by the AO deserves to be deleted. Clauses (i), (ia), (ii) & (iia