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151 results for “condonation of delay”+ Section 36(1)(iii)clear

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Key Topics

Addition to Income62Condonation of Delay50Section 26347Limitation/Time-bar38Section 143(3)37Section 12A28Section 36(1)(va)27Disallowance22Section 147

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

ITA 460/JPR/2024[2016-17]Status: DisposedITAT Jaipur23 Sept 2024AY 2016-17
For Appellant: Shri Mahendra Gargiya (Adv.) &For Respondent: Shri Anup Singh (Addl. CIT)
Section 143(3)Section 234ASection 57

condoned the delay of 4 days in filing the appeal. Regarding the disallowance of interest expenditure, the Tribunal noted that the assessee had borrowed money at 18% and invested it in a firm where he was a partner, charging 12%. The AO disallowed the difference of 10% under Section 57(iii). The Tribunal held that since the interest income

BHANU PARKASH BANSAL,JAIPUR vs. ITO, WARD2(3), JAIPUR

In the result, all the three appeals of the assessee in ITA No

Showing 1–20 of 151 · Page 1 of 8

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Section 6820
Section 14820
Section 25019
ITA 133/JPR/2023[2018-19]Status: Disposed
ITAT Jaipur
10 May 2023
AY 2018-19

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

For Appellant: None (E written submission)For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(1)(a)Section 143(3)Section 36(1)(va)Section 5

condonation of delay wherein the Bench does not find any sufficient and reasonable cause for late filing the appeal by the assessee. Hence, the same is dismissed. 3.1 Now the Bench feels that the case of the assessee should also be adjudicated upon on merit wherein the crux of the issue in the appeal relates to late deposit of employees

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

In the result the appeal of the assessee is partly allowed

ITA 483/JPR/2024[2017-18]Status: DisposedITAT Jaipur23 Sept 2024AY 2017-18

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

For Appellant: Shri Mahendra Gargiya (Adv.) &For Respondent: Shri Anup Singh (Addl. CIT)
Section 143(3)Section 234ASection 36(1)(iii)Section 57

36(1)(iii) and also without any justified basis. The Id. CIT(A) also seriously erred in recording incorrect and perversed finding of fact that no P/L account was filed and the computation do not show interest expenditure which is nothing but misconception of law once interest expenditure was debited to P/L account and net profit is the starting point

CLASSIC AIRCON,INDIA vs. DCIT CPC, INDIA

In the result, the appeal of the assessees is allowed

ITA 285/JPR/2021[2018-19]Status: DisposedITAT Jaipur06 Apr 2022AY 2018-19

Bench: Cit(A)-Iii, Jaipur Was Rejected /Dismissed Vide Order Dated 20.09.2021 & Same Was Served Upon The Appellant On 20.09.2021 Itself Through E-Mail. Classic Aircon Vs. Dcit, Cpc

For Appellant: NoneFor Respondent: Ms Runi Pal (Addl.CIT) a
Section 139(1)Section 143(1)Section 36(1)Section 36(1)(va)

condoned. 5. The assessee has raised the following grounds:- “1. That both the lower authorities have erred in law well as in facts of the case in considering delayed payment of Employee’s share of EPF/ESI subject to 36(1)(va) and thereby made/upheld addition to the tune of Rs. 2,06,688/-. Classic Aircon vs. DCIT, CPC 2. That

PRAHLAD NARAYAN BAIRWA,JAIPUR vs. DCIT, CIRCLE-7, JAIPUR, JAIPUR

In the result, all these appeals of the assessees are allowed

ITA 232/JPR/2022[2018-19]Status: DisposedITAT Jaipur16 Aug 2022AY 2018-19

Bench: Itat & The Delay Occurred May Kindly Be Condoned.

For Appellant: Miss Shivangi Samdhani (C.A.)For Respondent: Shri A.S. Nehara (Addl.CIT) a
Section 139(1)Section 143(1)Section 143(1)(a)Section 36(1)Section 36(1)(va)

condoned. 5. The assessee has raised the following grounds:- “1. In the facts and circumstances of the case and in law, ld. CIT(A), has erred in confirming the action of the ld. AO, in making adjustments in the intimation under Section 143(1) which are outside the purview of section 143(1)(a). The action

NEERAJ PUROHIT,JAIPUR vs. CPC, BENGALURU

In the result, the appeal of the assessees is allowed

ITA 81/JPR/2022[2019-20]Status: DisposedITAT Jaipur19 Apr 2022AY 2019-20
For Appellant: Shri Manish Agarwal (C.A.)For Respondent: Shri A.S. Nehra (Addl.CIT) a
Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 43B

condoned. 5. The assessee has raised the following grounds:- “1. On facts and in circumstances of the case the ld. CIT(A) has grossly erred in upholding the action of CPC in making disallowance of employee’s contribution to PF/ESIC, paid before the due date of filing of return of income but, after the specified due date of respective Acts

DR B LAL CLINICAL LABORATORY PVT LTD,JAIPUR vs. ACIT, CIRCLE-7, JAIPUR

In the result, the appeal of the assessees is allowed

ITA 205/JPR/2022[2017-18]Status: DisposedITAT Jaipur14 Jul 2022AY 2017-18

Bench: Us.

For Appellant: Shri Vedant Agarwal (Adv.)For Respondent: Ms Monisha Choudhary (JCIT) a
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(va)

condone the same. 5. The assessee has raised the following grounds:- “1. On the facts and circumstances of the case ld. Lower Authorities grossly erred in making and confirming disallowance of Rs. 1,95,444/- on account of delay payment of ESIC and PF ignoring this fact that payment has been made on or before the due date of filing

TAJ GRANITES PVT. LTD.,JAIPUR vs. DCIT CPC, BENGALURU

In the result, the appeal of the assessees is allowed

ITA 79/JPR/2022[2018-19]Status: DisposedITAT Jaipur25 Apr 2022AY 2018-19
For Appellant: Shri Manish Agarwal (C.A.) &For Respondent: Ms. Monisha Choudhary (JCIT) a
Section 143(1)(a)Section 36(1)(va)Section 43B

condoned. Rajesh Motors (Auto) Pvt. Ltd. & Ors. 6 As a lead case, for deciding the appeals, we take ITA No. 79/JP/2022 for the A.Y. 2018-19 wherein following grounds have been raised by the assessee. “1. On facts and in circumstances of the case the ld. CIT(A) has grossly erred in upholding the action of CPC in making disallowance

TAJ GRANITES PVT. LTD.,JAIPUR vs. DCIT CPC, BENGALURU

In the result, the appeal of the assessees is allowed

ITA 80/JPR/2022[2019-20]Status: DisposedITAT Jaipur25 Apr 2022AY 2019-20
For Appellant: Shri Manish Agarwal (C.A.) &For Respondent: Ms. Monisha Choudhary (JCIT) a
Section 143(1)(a)Section 36(1)(va)Section 43B

condoned. Rajesh Motors (Auto) Pvt. Ltd. & Ors. 6 As a lead case, for deciding the appeals, we take ITA No. 79/JP/2022 for the A.Y. 2018-19 wherein following grounds have been raised by the assessee. “1. On facts and in circumstances of the case the ld. CIT(A) has grossly erred in upholding the action of CPC in making disallowance

RAJESH MOTORS (AUTO) PRIVATE LIMITED,JAIPUR vs. ITO WARD 5(1) , JAIPUR

In the result, the appeal of the assessees is allowed

ITA 311/JPR/2021[2018-19]Status: DisposedITAT Jaipur25 Apr 2022AY 2018-19
For Appellant: Shri Manish Agarwal (C.A.) &For Respondent: Ms. Monisha Choudhary (JCIT) a
Section 143(1)(a)Section 36(1)(va)Section 43B

condoned. Rajesh Motors (Auto) Pvt. Ltd. & Ors. 6 As a lead case, for deciding the appeals, we take ITA No. 79/JP/2022 for the A.Y. 2018-19 wherein following grounds have been raised by the assessee. “1. On facts and in circumstances of the case the ld. CIT(A) has grossly erred in upholding the action of CPC in making disallowance

M/S HOTEL GAUDAVAN PVT. LTD.,PLOT NO.1, HOTEL COMPLEX, JODHPUR BARMER LINK ROAD, JAISALMER vs. CPC, BENGALURU/ ACIT/DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, all these appeals of the assessees are allowed

ITA 84/JPR/2022[2018-19]Status: DisposedITAT Jaipur19 Apr 2022AY 2018-19
For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri A.S. Nehra ( Addl. CIT) a
Section 143(1)Section 2(24)(x)Section 36(1)(va)

condoned. 6. As a lead case, for deciding the appeals, we take ITA No. 83/JP/2022 for the A.Y. 2017-18 wherein following grounds have been raised by the assessee. “1. The ld.CIT(A), NFAC has erred on facts and in law in confirming the addition of Rs. 3,58,973/- u/s 36(1)(va) on account of delayed payment

M/S HOTEL GAUDAVAN PVT. LTD.,PLOT NO.1, HOTEL COMPLEX, JODHPUR BARMER LINK ROAD, JAISALMER vs. CPC, BENGALURU/ ACIT/DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, all these appeals of the assessees are allowed

ITA 83/JPR/2022[2017-18]Status: DisposedITAT Jaipur19 Apr 2022AY 2017-18
For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri A.S. Nehra ( Addl. CIT) a
Section 143(1)Section 2(24)(x)Section 36(1)(va)

condoned. 6. As a lead case, for deciding the appeals, we take ITA No. 83/JP/2022 for the A.Y. 2017-18 wherein following grounds have been raised by the assessee. “1. The ld.CIT(A), NFAC has erred on facts and in law in confirming the addition of Rs. 3,58,973/- u/s 36(1)(va) on account of delayed payment

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

ITA 505/JPR/2025[2015-16]Status: DisposedITAT Jaipur12 Nov 2025AY 2015-16

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

III. Revenue’s Prayer on Maintainability and Condonation 1. Introductory Submission The Revenue respectfully submits that the assessee’s plea for condonation of delay is devoid of merit. The assessee has relied upon a misquoted and misleading version of the Hon’ble Rajasthan High Court’s order dated 05.07.2024. The said order, in fact, records that “the limitation for filing

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

ITA 507/JPR/2025[A.Y. 2018-19]Status: DisposedITAT Jaipur12 Nov 2025

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

III. Revenue’s Prayer on Maintainability and Condonation 1. Introductory Submission The Revenue respectfully submits that the assessee’s plea for condonation of delay is devoid of merit. The assessee has relied upon a misquoted and misleading version of the Hon’ble Rajasthan High Court’s order dated 05.07.2024. The said order, in fact, records that “the limitation for filing

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

ITA 508/JPR/2025[2020-21]Status: DisposedITAT Jaipur12 Nov 2025AY 2020-21

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

III. Revenue’s Prayer on Maintainability and Condonation 1. Introductory Submission The Revenue respectfully submits that the assessee’s plea for condonation of delay is devoid of merit. The assessee has relied upon a misquoted and misleading version of the Hon’ble Rajasthan High Court’s order dated 05.07.2024. The said order, in fact, records that “the limitation for filing

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

ITA 506/JPR/2025[2016-17]Status: DisposedITAT Jaipur12 Nov 2025AY 2016-17

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

III. Revenue’s Prayer on Maintainability and Condonation 1. Introductory Submission The Revenue respectfully submits that the assessee’s plea for condonation of delay is devoid of merit. The assessee has relied upon a misquoted and misleading version of the Hon’ble Rajasthan High Court’s order dated 05.07.2024. The said order, in fact, records that “the limitation for filing

SHIV VEGPRO PRIVATE LIMITED ,KOTA vs. PCIT-UDAIPUR , UDAIPUR

In the result, the appeal filed by the assessee is allowed

ITA 1014/JPR/2024[2017-18]Status: DisposedITAT Jaipur28 Jan 2025AY 2017-18
For Appellant: Shri Mahendra Gargieya, (Adv.) &For Respondent: Mrs. Alka Gautam, (CIT-DR)
Section 147Section 263Section 36(1)(va)Section 43B

36(1)(iii) or u/s 37 of the Act and (6) Disallowance\nu/s 35AC (2) of the Act (hereinafter referred as the “new issues /\naspects”), have the subject matter of the re-assessment order dated\n15.04.2021(PB 62-69) passed u/s 143(3)/148 of the Act [which is\npresently being sought to be revised

NIRMAL KUMAR AGRAWAL,JAIPUR vs. DCIT, CIRCLE - 4 , JAIPUR

In the result, the appeal of the assessee is allowed

ITA 1224/JPR/2024[2013-2014]Status: DisposedITAT Jaipur13 Feb 2025AY 2013-2014
For Appellant: Sh. Tarun Mittal, CAFor Respondent: Mrs. Swapnil Parihar, JCIT-DR
Section 133ASection 147Section 148Section 68Section 69C

III, Indore under the survey operation u/s 133A of the I.T. Act, 1961 conducted in the case of M/s Midland Polymers Ltd. (PAN AABCM8686L) Indore on 23.08.2017 the notice was issued to the assessee as per provision of section 148 of the Act. During survey proceedings loose papers, Books, CD etc were found and impounded. On analysis of the information

K.P. AIRTECH,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 41/JPR/2021[2018-19]Status: DisposedITAT Jaipur16 Aug 2021AY 2018-19
For Appellant: Shri Mukesh Khandelwal (C.A.)For Respondent: Miss. Monisha Choudhary (JCIT) a
Section 139(1)Section 143(1)Section 253(5)Section 36(1)(va)

condone the said delay of 24 days in filing the present appeal and the appeal is hereby admitted for adjudication. 4. In ITA No. 41/JP/2021 for A.Y 2018-19, the assessee has taken the following grounds of appeal:- “1. That the order passed by ld. CIT(A) is bad in law as he failed to appreciate that disallowance under section

K.P. AIRTECH,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 42/JPR/2021[2019-20]Status: DisposedITAT Jaipur16 Aug 2021AY 2019-20
For Appellant: Shri Mukesh Khandelwal (C.A.)For Respondent: Miss. Monisha Choudhary (JCIT) a
Section 139(1)Section 143(1)Section 253(5)Section 36(1)(va)

condone the said delay of 24 days in filing the present appeal and the appeal is hereby admitted for adjudication. 4. In ITA No. 41/JP/2021 for A.Y 2018-19, the assessee has taken the following grounds of appeal:- “1. That the order passed by ld. CIT(A) is bad in law as he failed to appreciate that disallowance under section