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.”

section 11 (6) was inserted so as to exclude such assets while computing depreciation in respect of which deduction has been

RAWAT BAL VIDHA NIKETAN SAMITTEE,JAIPUR vs. PCIT(CENTRAL), JAIPUR

depreciation of Rs. 8708189/- has been claimed for the year under\nconsideration on assets which have already been claimed as application of income\nin earlier years and therefore this claim was not an allowable expenditure for\ncharitable purpose within the meaning of section 11(6

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)

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 E.S.I.employerscontribution 132012.00 177189.00 181118.00 12 P.F. employers contribution 228558.00 287923.00 278068.00 13 examination exp. 152432.00 415875.00 645506.00 14 ex-gratia 381058.00 422038.00 ….. 15 function & festival

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)

11,000 2. Income from House Property under section 24(a) Rs.1,48,031 3. Depreciation under section 32 Rs.1,89,824 The condition precedent to the exercise of the jurisdiction under section 147 is the formation of a reason to believe by the Assessing Officer. Upon the formation of the reason to believe that income chargeable

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)

depreciation is a factual issue and requires verification and checking of the records which are filed and available with the AO, therefore in the fitness of things, it is appropriate to restore this issue to the file of AO with a direction to verify from the records as to whether such assets have been taken into account while determining

INCOME TAX OFFICER (EXEMPTION), JAIPUR vs. M/S APOLLO ANIMAL MEDICAL GROUP TRUST, JAIPUR

In the result, the grounds of appeal taken by the Revenue are dismissed

depreciation of Rs. 52,88,222/-) net surplus of Rs. 1,58,99,324/- was claimed as exempt under section 11 and transferred to the corpus fund of the trust in Balance sheet. During the year 4,51,17,188/- on purchase of land and Rs. 45,66,860/- on other assets purchased was stated to be spent on capital

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.

depreciation at Rs. 4,90,397/-. The AO has initiated proceedings u/s 147 on the basis of the order of CIT (Exemption), Jaipur u/s 12AA(3) dated 27.12.2010 by which the registration granted u/s 12AA was withdrawn w.e.f. AY 2005-06. The AO by disallowing the benefit u/s 11 assessed the total income

INCOME TAX OFFICER (EXEMPTION),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.

depreciation at Rs. 4,90,397/-. The AO has initiated proceedings u/s 147 on the basis of the order of CIT (Exemption), Jaipur u/s 12AA(3) dated 27.12.2010 by which the registration granted u/s 12AA was withdrawn w.e.f. AY 2005-06. The AO by disallowing the benefit u/s 11 assessed the total income

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.

depreciation at Rs. 4,90,397/-. The AO has initiated proceedings u/s 147 on the basis of the order of CIT (Exemption), Jaipur u/s 12AA(3) dated 27.12.2010 by which the registration granted u/s 12AA was withdrawn w.e.f. AY 2005-06. The AO by disallowing the benefit u/s 11 assessed the total income

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)

depreciation of Rs. 60,13,003/- on the addition to fixed asset made during the year of Rs. 1,10,51,167/-. 3. 1 At the outset of hearing, the Bench observed that there is delay of 14 days in filing of the appeal by the assessee for which the ld. AR of the assessee filed an application for condonation

RAMBAGH GOLF CLUB,JAIPUR vs. ITO EXEMPTION, JAIPUR

In the result the appeal of the assessee in ITA No

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

depreciation of the said capital expenditure which the ld. AO disallowed for the year under consideration i.e. A. Y. 2006-07. The section 11 has Rambagh Golf Club vs. ITO Exemption been amended w.e.f. 01.04.2015 and the relevant part of the amended section reads as under : Section 11(6

RAMBAGH GOLF CLUB,JAIPUR vs. ITO EXEMPTIONS, JAIPUR

In the result the appeal of the assessee in ITA No

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

depreciation of the said capital expenditure which the ld. AO disallowed for the year under consideration i.e. A. Y. 2006-07. The section 11 has Rambagh Golf Club vs. ITO Exemption been amended w.e.f. 01.04.2015 and the relevant part of the amended section reads as under : Section 11(6

RAMBAGH GOLF CLUB,JAIPUR vs. ITO EXEMPTION, JAIPUR

In the result the appeal of the assessee in ITA No

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

depreciation of the said capital expenditure which the ld. AO disallowed for the year under consideration i.e. A. Y. 2006-07. The section 11 has Rambagh Golf Club vs. ITO Exemption been amended w.e.f. 01.04.2015 and the relevant part of the amended section reads as under : Section 11(6

RAMBAGH GOLF CLUB,JAIPUR vs. ITO EXEMPTIONS, JAIPUR

In the result the appeal of the assessee in ITA No

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

depreciation of the said capital expenditure which the ld. AO disallowed for the year under consideration i.e. A. Y. 2006-07. The section 11 has Rambagh Golf Club vs. ITO Exemption been amended w.e.f. 01.04.2015 and the relevant part of the amended section reads as under : Section 11(6

RAMBAGH GOLF CLUB,JAIPUR vs. ITO EXEMPTION, JAIPUR

In the result the appeal of the assessee in ITA No

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

depreciation of the said capital expenditure which the ld. AO disallowed for the year under consideration i.e. A. Y. 2006-07. The section 11 has Rambagh Golf Club vs. ITO Exemption been amended w.e.f. 01.04.2015 and the relevant part of the amended section reads as under : Section 11(6

RAJIV GANDHI VIDHYA PITH SHIKSHA,JAIPUR vs. ITO, EXEMPTION W(1), JAIPUR

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

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

depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the same or any other previous year. 3.4 Sub-Section (6) of Section 11

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)

6. Aggrieved from the order of the ld. CIT(A), the assessee has filed the present appeal on the grounds as stated herein above. In support of the various grounds so taken the ld. AR of the assessee filed a detailed written submission dealing with the merits of the case and on the applicability of provision of section 11

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:

6. Aggrieved from the order of the ld. CIT(A), the assessee has filed the present appeal on the grounds as stated herein above. In support of the various grounds so taken the ld. AR of the assessee filed a detailed written submission dealing with the merits of the case and on the applicability of provision of section 11

BAJRANG WIRE PRODUCTS (INDIA) PRIVATE LIMITED,BAJRANG WIRE PRODUCTS (INDIA) PRIVATE LIMITED vs. DCIT CIRCLE -4-JAIPUR, RJN-C-(104)(1), JAIPUR

In the result, the appeal of the assessee is allowed

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

6. The moot aspect thus centers around the requirement of the of the audit report when the assessment was undertaken by the Assessing Officer even though the same may not have been filed along with the return of income. Filing of the audit report is held to be a substantive requirement but not the mode and stage of filing, which