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)

section 32 is not applicable on charitable trusts. 2. COMMISIONER OF INCOME TAX (APPEALS) Ld. CIT upheld the decision of ld. AO stating that assessment made by ld. AO is conclusive. 3. SUBMISSION: 3.1. It is submitted that claim for depreciation is very much available to charitable trusts also. Reliance is placed on the following judicial pronouncements wherein

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

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

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

131 and the\nassessee while preparing the details for onward submissions, realised that he\ncommitted an inadvertent mistake (while preparing the reply) and on the review\nof the return initially filed therefore, offered to pay the differential amount of the\ncapital gain which was offered vide letter dated 13.06.2014. Pursuant to the said\nletter, the department issued notice

AJOY SHARMA,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

131 and the\nassessee while preparing the details for onward submissions, realised that he\ncommitted an inadvertent mistake (while preparing the reply) and on the review\nof the return initially filed therefore, offered to pay the differential amount of the\ncapital gain which was offered vide letter dated 13.06.2014. Pursuant to the said\nletter, the department issued notice

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

131 and the\nassessee while preparing the details for onward submissions, realised that he\ncommitted an inadvertent mistake (while preparing the reply) and on the review\nof the return initially filed therefore, offered to pay the differential amount of the\ncapital gain which was offered vide letter dated 13.06.2014. Pursuant to the said\nletter, the department issued notice

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

131 and the\nassessee while preparing the details for onward submissions, realised that he\ncommitted an inadvertent mistake (while preparing the reply) and on the review\nof the return initially filed therefore, offered to pay the differential amount of the\ncapital gain which was offered vide letter dated 13.06.2014. Pursuant to the said\nletter, the department issued notice

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

131 and the\nassessee while preparing the details for onward submissions, realised that he\ncommitted an inadvertent mistake (while preparing the reply) and on the review\nof the return initially filed therefore, offered to pay the differential amount of the\ncapital gain which was offered vide letter dated 13.06.2014. Pursuant to the said\nletter, the department issued notice

PINK CITY JEWEL HOUSE PRIVATE LIMITED ,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), JAIPUR

Section 14A of the Act can\nbe made if the assessee had not earned any exempt income? - HELD THAT:- A\nperusal of the Memorandum of the Finance Bill, 2022 reveals that it explicitly stipulates\nthat the amendment made to Section 14A will take effect from 1st April, 2022 and will\napply in relation to the assessment year

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

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

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

131 or section 133 of the Act) is sought to be initiated; or (v) When the functionality to issue communication is not available in the system, 26 Lovely promoters Pvt. Ltd. vs. ACIT the communication may be issued manually but only after recording reasons in writing in the tile and with prior written approval of the Chief Commissioner / Director General

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

KATH BROTHERS,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 69.” • In the case of Bajaj Sons. Ltd., the Hon’ble Chandigarh Bench of ITAT, ITA No. 1127/CHD/2019, has stated as under: “The AO has not pointed out any unexplained credit in the books of account, any unexplained investment, any unexplained money, bullion or jewellery, any unexplained expenditure or any amount of loan repaid in the assessment order

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

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

In the result, appeal of the revenue is dismissed

131 ITR 451)(SC) 52 ITA NO. 201(6)/JP/2017 M/s. Chambal Fertilizers & Chemicals Ltd. which has no application to the facts of this case as the decision is in the context of an assessee making a claim for partition and requesting the AO to pass an order under section 25A of the 1922 Act. The assessment order was passed

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

131 ITR 451)(SC) 52 ITA NO. 201(6)/JP/2017 M/s. Chambal Fertilizers & Chemicals Ltd. which has no application to the facts of this case as the decision is in the context of an assessee making a claim for partition and requesting the AO to pass an order under section 25A of the 1922 Act. The assessment order was passed

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

In the result, appeal of the revenue is dismissed

131 ITR 451)(SC) 52 ITA NO. 201(6)/JP/2017 M/s. Chambal Fertilizers & Chemicals Ltd. which has no application to the facts of this case as the decision is in the context of an assessee making a claim for partition and requesting the AO to pass an order under section 25A of the 1922 Act. The assessment order was passed

CHANDRA MOHAN BADAYA,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

section 131 of the Act, appellant\nhad stated that the payment was made through banking cheque\nwhereas subsequently he has changed his stand and made a statement\nthat it was from the drawings from capital account. This shows that the\ncash drawn from the capital account if any was for some other purpose\nas it was not the initial