ACIT, KOTA vs. MANGALAM CEMENT LTD., KOTA

12 explained about the power plant and the windmill. It further explained that depreciation claimed is allowable u/s 32. After examining the same, along with the depreciation chart, additional depreciation was allowed by the AO. (b) AO vide query letter dt. 25.10.2010 in Point No. 7 required assessee to furnish proof of all payment covered u/s 43B as mentioned

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)

sections 11, 12 & 13 to allow depreciation. In the absence of any statutory provision under sections 11, 12 and 13 under

M/S. RAJASTHAN CRICKET ASSOCIATION,JAIPUR vs. ADD.CIT. RANGE-2, JAIPUR

In the result, the matter is decided in favour of the assessee and against the Revenue and the ground of appeal so taken by the assessee society is thus allowed

12 of the Act. Given that there are no changes in the facts and circumstances of the present case in terms of nature of activities and operations being carried out by the assessee society in the financial year relevant to the impugned assessment year, we donot see a valid reason to deviate from the said decision taken by the Coordinate

INCOME TAX OFFICER (EXEMPTION), WARD-1, JAIPUR vs. M/S RAJASTHAN CRICEKT ASSOCIATION, JAIPUR

In the result, the matter is decided in favour of the assessee and against the Revenue and the ground of appeal so taken by the assessee society is thus allowed

12 of the Act. Given that there are no changes in the facts and circumstances of the present case in terms of nature of activities and operations being carried out by the assessee society in the financial year relevant to the impugned assessment year, we donot see a valid reason to deviate from the said decision taken by the Coordinate

INCOME TAX OFFICER (EXEMPTION), WARD-1, JAIPUR vs. RAJASTHAN CRICKET ASSOCIATION, JAIPUR

In the result, the matter is decided in favour of the assessee and against the Revenue and the ground of appeal so taken by the assessee society is thus allowed

12 of the Act. Given that there are no changes in the facts and circumstances of the present case in terms of nature of activities and operations being carried out by the assessee society in the financial year relevant to the impugned assessment year, we donot see a valid reason to deviate from the said decision taken by the Coordinate

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)

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. If the assessee

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:

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. If the assessee

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)

12 by virtue of the provisions contained in clause (c) or clause (d) of sub-section (1) of section 13, tax shall be charged on the relevant income or part of relevant income at the maximum marginal rate. Therefore, the exemption u/s 11 on the surplus declared by the assessee cannot be denied as held by various decisions (supra). However

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)

Depreciation under section 32 Rs.1,89,824 3.8. 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 to tax has escaped assessment, the AO is empowered to assess or to reassess such income

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereinafter in this section and in sections 148 to 153 referred to as the relevant assessment year)." (Emphasis supplied) What is clear from the above provision is that once assessment is reopened for bringing to tax any income that escaped assessment in terms

JAWAHARLAL NEHRU SHEKSHANIK AND SAMAJIK SANSTHAN,JAIPUR vs. EXEMPTION WARD 1, JAIPUR

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

Section 119(2)(b) as mandated in Para 4(ii) of the said circular, the delay cannot be condoned. 4.9 In view of the above, I am of the considerate view that, since the appellant has filed Form 10B later than due date of filing of income tax return, thus it is not covered by immunity granted by Para

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

RAJ KUMAR KANDOI,JAIPUR vs. ACIT CENTRAL CIRCLE 3, JAIPUR, JAIPUR

In the result, the appeal of the assessee stands allowed with no orders as to costs

depreciation [section 32(2)]. (iv) Any other expenditure (not being a capital expenditure) expended wholly and exclusively for the purpose of earning of such income. 8 RAJ KUMAR KANDOI VS ACIT, CIRCLE-3, JAIPUR The case of the assessee is covered in point no. (iv). Hence the addition made by the AO deserves to be deleted. Clauses

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.

section 147 of the IT Act on 29.03.2013 at a total income of Rs. 20,28,203/- by making addition on account of net surplus as per income and expenditure account at Rs. 15,37,806/- and disallowance of claim of depreciation at Rs. 4,90,397/-. The AO has initiated proceedings u/s 147 on the basis of the order

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.

section 147 of the IT Act on 29.03.2013 at a total income of Rs. 20,28,203/- by making addition on account of net surplus as per income and expenditure account at Rs. 15,37,806/- and disallowance of claim of depreciation at Rs. 4,90,397/-. The AO has initiated proceedings u/s 147 on the basis of the order

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.

section 147 of the IT Act on 29.03.2013 at a total income of Rs. 20,28,203/- by making addition on account of net surplus as per income and expenditure account at Rs. 15,37,806/- and disallowance of claim of depreciation at Rs. 4,90,397/-. The AO has initiated proceedings u/s 147 on the basis of the order

COMPUCOM SOFTWARE LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-VI, JAIPUR

In the result, the appeal of the assessee is disposed off in light of aforesaid directions

12,500/- in form of excess depreciation claimed on windmill and even amount is being added back to the returned income of the assessee. Penalty u/s 271(1)(c) is being initiated separately for furnishing inaccurate particulars of the income.” 6 M/s Compucom Software Ltd., Jaipur vs. ACIT, Jaipur 5. It was submitted that complete information along with necessary evidence

ACIT(EXEMPTION), JAIPUR vs. MAHIMA SHIKSHA SAMITI, JAIPUR

In the result, all the grounds taken by the Revenue are dismissed and ground taken by the assessee society is allowed

depreciation as application of income. 4. The first question that arises in the present appeal is the entitlement of the assessee society to exemption under section 11 of the Act. The relevant provisions which govern the exemption under section 11, are contained in section 2(15), 11, 12

SHRI DHARMENDRA KUMAR PAREEK,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

section 34(1)(b) of the Indian Income-tax Act, 1922, on the ground that in the original assessment depreciation was wrongly allowed on the entire cost of Rs. 85,091 shown as cost of the building which included Rs. 12