INCOME TAX OFFICER (EXEMPTIONS), WARD, JAIPUR, JAIPUR vs. RAJASTHAN CRICKET ASSOCIATION, JAIPUR

In the result, appeal of the Department is dismissed

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

11 of the I.T. Act 1961 to the assessee despite the fact that the proviso to section 2(15) is invoked in the case of the assessee as the activities of the assessee are being run on commercial basis, there being no element of charity. 2. Any other question of law as deemed fit in the facts and circumstances

INCOME TAX OFFICER, JAIPUR vs. RAJASTHAN CRICKET ASSOCIATION, JAIPUR

In the result, appeal of the Department is dismissed

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

11 of the I.T. Act 1961 to the assessee despite the fact that the proviso to section 2(15) is invoked in the case of the assessee as the activities of the assessee are being run on commercial basis, there being no element of charity. 2. Any other question of law as deemed fit in the facts and circumstances

OM KOTHARI FOUNDATION,JAIPUR, RAJASTHAN vs. ITO, (EXEMPTION) WARD-1, JAIPUR, JAIPUR, RAJASTHAN

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

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

depreciation was allowed by Hon’ble Court and Hon’ble ITAT. We rely following Cases on this issue 1. Escorts Cardiac Diseases Hospital Society v/s Assistant Director of Income- tax (Exemption), Trust Circle 2, New Delhi 18 Taxman.com (104) Delhi ITAT. Under section 11

M/S WHOLESALE CLOTH MERCHANT,KOTA vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), RAJASTHAN, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 688/Jp/2019 Assessment Year: ………………………… M/S Wholesale Cloth Merchant Cuke Pr.C.I.T. (Central), Vs. Association, Jaipur (Rajasthan) New Cloth Market, Kota. Pan No.: Aaatw 0127 C Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Siddarth Ranka & Shri Shravan Kr. Gupta (Advs) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 14/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 06/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit(Central), Rajasthan, Jaipur Dated 22/03/2019 Passed U/S 12Aa(3) & 12Aa(4) Of The Income Tax Act, 1961 (In Short, The Act). Following Grounds Have Been Taken By The Assessee: “1. That In The Facts & In The Circumstances Of The Case & In Law, The Ld Pr. Cit(Central), Rajasthan, Jaipur Has Grossly Erred In Cancelling The Registration Of The Assessee Appellant Trust Under Section 12A Of The Act By Invoking Section 12Aa(4) Of The Act W.E.F. 01/04/2013. 2. The Appellant Craves Leave To Add, Alter, Modify Or Amend Any Ground On Or Before The Date Of Hearing.”

2 of 2014 whereby section 11 (6) was inserted so as to exclude such assets while computing depreciation in respect

SHRI DIGAMBER JAIN ATIKSHAYA KESHTRA,PADAMPUA vs. ITO EXEMPTION WARD 1, KAILASH HEIGHTS

In the result appeal of the assessee is partly allowed

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

2) Rs.1,11,000 II. Income from House Property under section 24(a) Rs.1,48,031 III. Depreciation under section

JODHPUR DEVELOPMENT AUTHORITY,JODHPUR vs. DCIT (EXEMPTION), JAIPUR

In the result, the appeal in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 665 & 666/JPR/2023 fu/kZkj.ko"kZ@Assessment Years : 2009-10 & 2013-14 Jodhpur Development Authority 1, Opposite Railway Hospital, JDA Circle, Jodhpur. cuke Vs. Deputy Commissioner of Income Tax, Exemption, Jodhpur. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALJ 0478 P vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby : Shri Amit Kothari (C.A.) jktLo dh vksjls@Revenue by:

11 and 12 was not granted to a Trust or Institution in absence of registration u/s 12A, despite the fact that they fulfilled all the pre conditions to render them eligible u/s 12A. 1.9. The legislature intention on the issue is very clear that it is only a technical matter and assessee should not be punished for the same

JODHPUR DEVELOPMENT AUTHORITY,JODHPUR vs. DCIT (EXEMPTION), JAIPUR

In the result, the appeal in ITA no

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

11 and 12 was not granted to a Trust or Institution in absence of registration u/s 12A, despite the fact that they fulfilled all the pre conditions to render them eligible u/s 12A. 1.9. The legislature intention on the issue is very clear that it is only a technical matter and assessee should not be punished for the same

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 11 is not upheld. 8. In the result, the appeals of both years are treated as allowed and the direction of Hon'ble ITAT stands disposed." 5.2. In view of the above, ground number 1 is allowed. Ground number 2 :Application of capital expenditure may be allowed subject to provisions contained in sec 11 (specifically sec 11

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 11 is not upheld. 8. In the result, the appeals of both years are treated as allowed and the direction of Hon'ble ITAT stands disposed." 5.2. In view of the above, ground number 1 is allowed. Ground number 2 :Application of capital expenditure may be allowed subject to provisions contained in sec 11 (specifically sec 11

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 11 is not upheld. 8. In the result, the appeals of both years are treated as allowed and the direction of Hon'ble ITAT stands disposed." 5.2. In view of the above, ground number 1 is allowed. Ground number 2 :Application of capital expenditure may be allowed subject to provisions contained in sec 11 (specifically sec 11

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 11 is not upheld. 8. In the result, the appeals of both years are treated as allowed and the direction of Hon'ble ITAT stands disposed." 5.2. In view of the above, ground number 1 is allowed. Ground number 2 :Application of capital expenditure may be allowed subject to provisions contained in sec 11 (specifically sec 11

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 11 is not upheld. 8. In the result, the appeals of both years are treated as allowed and the direction of Hon'ble ITAT stands disposed." 5.2. In view of the above, ground number 1 is allowed. Ground number 2 :Application of capital expenditure may be allowed subject to provisions contained in sec 11 (specifically sec 11

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)

2 audit fee 60000.00 90500.00 118860.00 3 building rent exp. 336000.00 369600.00 432000.00 4 bank charges 1951.00 1919.50 331.65 5 conveyance exp. 362421.00 603900.00 840313.00 6 depreciation charges 2896422.07 3095136.95 3798057.57 7 drawing & craft exp. 515632.00 685971.00 678011.00 8 education exp. 587609.00 640070.00 730717.00 9 education al tour & picnic 290150.00 755993.00 930590.00 10 electricity & water exp. 204332.00 207415.00 346705.00 11

RAATH VIDYAPEETH,ALWAR vs. ITO (EXMP.), WARD-ALWAR, ALWAR

In the result, the appeal of the assesee is partly allowed with no orders as to costs

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

2 RAATH VIDYAPEETH VS ITO (EXEMPTION) WARD-ALWAR being specified person is not for the purpose of core activities of institution and thereby confirming the addition for the same. 3.The Ld. CIT(A), NFAC has erred on facts and in law in confirming the addition of Rs.8,64,110/- on account of interest free advances given to various persons ignoring

JAIPUR ENGINEERING COLLEGE JAIPUR RAJASTHAN SOCIETY,JAIPUR vs. CIRCLE (EXEMPTION), JAIPUR, JAIPUR

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

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

section 13(1)(c) can be charged to tax at MMR but exemption u/s 11 cannot be denied in toto. 2. The Ld. CIT(A), NFAC has erred on facts and in law in confirming the disallowance of Rs. 28,51,300/- by holding that the following amount paid to persons specified u/s 13(3) is unreasonable and unjustified

SHRI KALYAN BUILDMART PVT. LTD,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, JAIPUR, JAIPUR

Bench: The Date Of Hearing.”

2)(viib). Copy of the assessment order is enclosed. [PB ] 11. Certain judicial precedents were also brought to the knowledge ld. AO vide submission dated 26.12.2019. Ld. AO concluded the assessment after appreciating these judicial precedents. 12. Any assessment order passed after adequate enquiry and which is in accordance with the prevalent judicial view cannot be said to be erroneous

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. VIPUL BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

11 and 14 would apply to all the proceedings pending in\nall the forums including before this Hon'ble Court.\n(ii) That even though the appeals of the Revenue are dismissed in respect of\nassessments passed under 153A and 153C, in the absence of\nincriminating material found during the search, in respect of such income\nwhich was found

DCIT, CENTRAL CIRCLE-1, JAIPUR , JAIPUR vs. USHA BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

11 and 14 would apply to all the proceedings pending in\nall the forums including before this Hon'ble Court.\n(ii) That even though the appeals of the Revenue are dismissed in respect of\nassessments passed under 153A and 153C, in the absence of\nincriminating material found during the search, in respect of such income\nwhich was found