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)

119 of the Act could not, therefore, said to have taken away the appellate remedy. 5.7 The tribunal misdirected itself in yet another way when it observed that The Finance Act, 2015 with effect from 1.4.2016, that is from assessment year 2016-17 changed the legal position. There is no such change which could be said to have altered

SHREE CEMENT LIMITED,BANGUR NAGAR vs. ACIT, CENTRAL CIRCLE, AJMER

In the result, the appeal of the assessee - appellant in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

sections (4) to (10) and as increased by the applicable surcharge, for the purposes of the Union, calculated in the manner provided therein, shall be further increased by an additional surcharge, for the purposes of the Union, to be called the “Health and Education Cess on income-tax”, calculated at the rate of four per cent of such income

KATRATHAL GRAM SEWA SAHKARI SAMITI LIMITED ,KATRATHAL vs. ITO WARD 1 SIKAR, SIKAR

depreciation allowance or any other allowance, as the\r\ncase may be, for the assessment year concerned (hereafter in this section and in\r\nsections 148 to 153 referred to as the relevant assessment year).\"\r\n27. It is established principle of interpretation of statutes, that the Parliament is\r\npresumed to be not extravagant, in using the words

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

119(2). Thus these shows the contradictory\napproach of the lower authorities. If the return was not valid the Id. AO could not\nhave issued the notice u/s 143(2), 142(1), returned income etc. The only reason\ngiven is not filing the ITR u/s 139(4C).\n5.2 Further in section 139(4C), it no where it has been stated

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR ,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

119(2). Thus these shows the contradictory\napproach of the lower authorities. If the return was not valid the Id. AO could not\nhave issued the notice u/s 143(2), 142(1), returned income etc. The only reason\ngiven is not filing the ITR u/s 139(4C).\n5.2 Further in section 139(4C), it no where it has been stated

CASTAMET WORKS PRIVATE LIMITED,KHARWA vs. PRINCIPLE COMMISSIONER OF INCOME TAX, UDAIPUR

section 14A(1), deduction of that expenditure is not to be allowed which has been incurred by the assessee in relation to income which does not form part of the total income under this Act. Axiomatically, it is that expenditure alone which has been incurred in relation to the income which is includible in total income that

SCHOLAR'S EDUCATION TRUST OF INDIA,602-A, TRIMURTY DAVE APARTMENT, JAI SINGH HIGHWAY MARG, BANI PARK, JAIPUR vs. CIT EXEMPTION, JAIPUR

Bench: The Cit(A), The Power Exercised By Him U/S 263 For Disallowing The Donation Paid To Other Society Would Not Fall In The Ambit Of Section 263. 3. Under The Facts & Circumstances Of The Case, The Finding Given By Ld. Cit That Once Exemption U/S 11 Is Withdrawn, Not Disallowing The Scholar’S Education Trust Of India Vs. Cit(E)

depreciation on fixed assets of Rs. 52,04,21,499/- which would be more than the amount of donation and thus no prejudice is caused to the Revenue and consequently holding the order passed by AO as erroneous & prejudicial to the interest of revenue is not as per law. 4. The appellant craves to alter, amend and modify any ground

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case it is mandatory

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case it is mandatory

BRAND INDIA REAL ESTATE PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER WARD 6(1), JAIPUR

In the result, appeal of the assessee is allowed

depreciation on CPP was\nallowed by the AO while framing the assessment under Section 143(3) after conscious\nconsideration of the material on record. It is not even the case of the Revenue that the formation\nof the belief regarding the escapement of the assessment by the AO is based on any new material\ncoming on record. Apparently, the formation

ASSISSTANT COMMISSIONER OF INCOME TAX, AJMER vs. SHREE CEMENT LTD, BEAWAR

Accordingly, the same is dismissed

Section 80IA (8) of the Act. In CIT vs. Thiagarajar Mills Ltd. in Tax Case(Appeal) Nos.68 to 70 of 2010 dated 07-06-2010, it was held that captive consumption of power generated by the assessee from its own power plant would enable the assessee to derive profit and gains by working out the cost of such consumption

M/S. CHAMBAL FERTILIZERS AND CHEMICALS LIMITED,KOTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA

In the result, appeal of the revenue is dismissed

section 145(3). 28.7. Assessee has also provided details of 2 comparable companies where their profit had also shown a reduction in AY 2012-13. CRISIL data also revealed that the entire industry was suffering. Assessee's entries in the books are based on invoice. Agents and dealers billed same rate to assessee. Further, the downward fall in gross profit

CHAMBAL FERTILISERS AND CHEMICALS LIMITED,KOTA vs. ACIT, KOTA

In the result, appeal of the revenue is dismissed

section 145(3). 28.7. Assessee has also provided details of 2 comparable companies where their profit had also shown a reduction in AY 2012-13. CRISIL data also revealed that the entire industry was suffering. Assessee's entries in the books are based on invoice. Agents and dealers billed same rate to assessee. Further, the downward fall in gross profit

CHAMBAL FERTILISERS AND CHEMICALS LIMITED,KOTA vs. DCIT, KOTA

In the result, appeal of the revenue is dismissed

section 145(3). 28.7. Assessee has also provided details of 2 comparable companies where their profit had also shown a reduction in AY 2012-13. CRISIL data also revealed that the entire industry was suffering. Assessee's entries in the books are based on invoice. Agents and dealers billed same rate to assessee. Further, the downward fall in gross profit

GIRNAR SOFTWARE PRIVATE LIMITED,6TH FLOOR, JAIPUR TEXTILE MARKET, B-2, NEAR MODEL TOWN, MALVIYA NAGAR, JAIPUR vs. PCIT – 2, JAIPUR, NEW CENTRAL REVENUE BUILDING

In the result, the appeal of the assessee is allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Depreciation Claim 2. Investments/Advances/Loans 3. Refund Claim 4. Business Loss” As evident above, the complete scrutiny proceedings were initiated due to one of the reasons being ‘investments’ made by the Appellant. During the course of scrutiny proceedings, the Appellant vide submission dated 7 October 2019 (PB 36-45) provided the following information to the assessing officer in relation to ‘investments

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

Bench: The Date Of Hearing.”

depreciation claimed by assessee company. [PB : 39] Rs. 6,13,624. • Complete details of the share subscribers and also The authenticity of credits, share capital share premium furnished. [PB : 39] • Change in shareholding pattern had no impact on the and share premium has not been issue under consideration in limited scrutiny. established. • Share premium was to be examined in limited

AKHIL MODI,JAIPUR vs. PR. CIT, ALWAR

In the result, appeal of the assessee is allowed

depreciation of the Jaguar Vehicle. In this regard, the vehicle was purchased on 15.03.2015 and the amount of interest on Loan is not charged from the Profit and Loss account for the A. Y 2015- 16. Further, it is also pertinent to note that the fuel for jaguar vehicle to the tune of Rs.5,000/- was purchased during that period

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)

119 of the Act dated 06.09.2021 provided exclusions to section 144B of the Act. Thus, in view of the above background, pending assessment proceedings were taken further. A notice u/s 142(1) of the Act seeking details/justification/explanation was issued on 10.09.2021. This notice was sent through ITBA on the given e- mail Id in the latest ROI filed