SMT. MANJU GUPTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, JAIPUR

In the result, the ground of the assessee's appeal is allowed

40A(3). 15. That the assessee company and the Skyways Industrial Estate Pvt. Ltd. are in the same business of real estate and money has been taken for the ordinary course of business. He relied on the decision of Hon'ble ITAT Delhi in M/s Exotica & Infrastructure Company Pvt. Ltd. [decided on 24.06.2020]. 7. On the other hand

M/S SKYWAYS TOWNSHIP PVT LTD. 1/2 LIC FLATS, VIDYADHAR NAGAR, SECTOR-6, JAIPUR,JAIPUR vs. DCIT CIRCLE-4, JAIPUR, JAIPUR

In the result, the ground of the assessee's appeal is allowed

40A(3). 15. That the assessee company and the Skyways Industrial Estate Pvt. Ltd. are in the same business of real estate and money has been taken for the ordinary course of business. He relied on the decision of Hon'ble ITAT Delhi in M/s Exotica & Infrastructure Company Pvt. Ltd. [decided on 24.06.2020]. 7. On the other hand

M/S SKYWAYS TOWNSHIP PVT. LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-4-2, JAIPUR

In the result, the ground of the assessee's appeal is allowed

40A(3). 15. That the assessee company and the Skyways Industrial Estate Pvt. Ltd. are in the same business of real estate and money has been taken for the ordinary course of business. He relied on the decision of Hon'ble ITAT Delhi in M/s Exotica & Infrastructure Company Pvt. Ltd. [decided on 24.06.2020]. 7. On the other hand

SUBHASH PARETA,KOTA vs. ACIT, KOTA

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

capital expenditure u/s 37 should have been factored in by the AO while estimating the net profit @ 12.5% and replacing the net profit u/s 29 determined by the assessee and hence, separate addition on this account is not warranted. Hence, the said findings of the ld CIT(A) is set-aside and the ground no. 4 of assessee’s appeal

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)

gains of business or profession under sub-section (3) and this sub-section where a payment or aggregate of payments made to a person in a day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft, exceeds twenty thousand rupees, in such cases and under such circumstances as may be prescribed, having regard

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

capital, etc., and from the documents searched/ seized, it is alleged that assessee is one of the beneficiaries. Based on this information the ld. AO recorded reasons to believe that, certain income had escaped tax, and accordingly initiated the reassessment proceedings by issue of notice u/s 148 on 21.3.2015 and passed the reassessment order by increasing the assessed income with

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

capital, etc., and from the documents searched/ seized, it is alleged that assessee is one of the beneficiaries. Based on this information the ld. AO recorded reasons to believe that, certain income had escaped tax, and accordingly initiated the reassessment proceedings by issue of notice u/s 148 on 21.3.2015 and passed the reassessment order by increasing the assessed income with

DEPUTY COMMISSIONER OF INCOME TAX (E), CIRCLE, JAIPUR vs. MAHATMA GANDHI CHARITABLE SOCIETY FOR EDUCATION AND RESEARCH, JAIPUR

In the result, the appeal filed by the Revenue is partly allowed for Statistical purposes with no order as to cost

capital expenditure is incurred in cash, section 40A(3) cannot be invoked. The relevant Para is as under:- ‘’2. The provisions of section 40A(3) would apply in computing the income under the heads ‘’profits and gains

GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE, JAIPUR

In the result, appeal of the assessee is partly allowed

40A(2) of the Act. At the outset we note that Section 13(1) of the Act contemplates as an exception to Section 11 and 12 of the Act so far as any part of the income of the property held Trust is used or applied directly or indirectly for the benefit of any person referred to sub-section (3

ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-2, JAIPUR vs. M/S. ANGEL INFRASTRUCTURE PRIVATE LIMITED, JAIPUR

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

capital loss was a preconceived design to avoid tax liability on the capital gain arising from sale of shares as well as other income. The assessee instead of transferring the shares to the group concern without any consideration would have requested for extension of time for making the payment of final call money of Rs. 9.90 crores as all these

M/S ANGEL INFRASTRUCTURE (P) LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

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

capital loss was a preconceived design to avoid tax liability on the capital gain arising from sale of shares as well as other income. The assessee instead of transferring the shares to the group concern without any consideration would have requested for extension of time for making the payment of final call money of Rs. 9.90 crores as all these

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

40A(3) of the\nAct, salary has been kept at just less than 20,000/- since the same would have been liable\nto be disallowed if salary payment was greater than 20,000/- in cash. This shows that it is\na pre meditated action on the part of the assessee trust with the motive of siphoning off\nfunds for personal

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

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DCIT, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

gains returned by the assessee were not a necessary concomitant of an order made under sections 145(1) or 145(2). Therefore, there was no error in the order of the Tribunal deleting the entire additions to the trading results after holding that the proviso to section 145(1) was applicable.” ITA 977 to 979/JP/2018 & 1122/JP/2018_ 33 Zuberi Engineering

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR vs. ZUBERI ENGINEERING COMPANY, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

gains returned by the assessee were not a necessary concomitant of an order made under sections 145(1) or 145(2). Therefore, there was no error in the order of the Tribunal deleting the entire additions to the trading results after holding that the proviso to section 145(1) was applicable.” ITA 977 to 979/JP/2018 & 1122/JP/2018_ 33 Zuberi Engineering

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

gains returned by the assessee were not a necessary concomitant of an order made under sections 145(1) or 145(2). Therefore, there was no error in the order of the Tribunal deleting the entire additions to the trading results after holding that the proviso to section 145(1) was applicable.” ITA 977 to 979/JP/2018 & 1122/JP/2018_ 33 Zuberi Engineering

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

gains returned by the assessee were not a necessary concomitant of an order made under sections 145(1) or 145(2). Therefore, there was no error in the order of the Tribunal deleting the entire additions to the trading results after holding that the proviso to section 145(1) was applicable.” ITA 977 to 979/JP/2018 & 1122/JP/2018_ 33 Zuberi Engineering

YOGESH GINNING MILL, PROP. YOGESH CHAND GUPTA,GOVINDGARH vs. ACIT, CIRCLE I, ALWAR

In the result, the appeals filed by the assessee are allowed

Bench: This Tribunal Which Were Passed By The Commissioner Of Income Tax (Appeal)- 4, Jaipur [ For Short Cit(A) ] Passed On Dates & F For The Assessment Years Mentioned As Tabulated Here In Below, In Turn Those Orders Were Arises Because The Assessee Has Yogesh Ginning Mill Vs. Acit

capital account along with schedules 5. List of unsecured loans 6. Copy of Aadhar Card of person from whom unsecured loan is outstanding. 7. List of Sundry debtors and sundry creditors along with their ledgers. 8. Details of loan and advance along with ledgers. 9. Item wise purchase on monthly basis. Yogesh Ginning Mill vs. ACIT 10. Item-wise sales