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 of Rs.2,16,62,215/- on the assets which were claimed as application u/s. 11 at the time of purchase?" 32. The Hon’ble High Court has taken into consideration the nature of activities undertaken by the assessee society and nature of receipts being accounted for in its books of accounts in form of one day international cricket match

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 of Rs.2,16,62,215/- on the assets which were claimed as application u/s. 11 at the time of purchase?" 32. The Hon’ble High Court has taken into consideration the nature of activities undertaken by the assessee society and nature of receipts being accounted for in its books of accounts in form of one day international cricket match

DCIT, JAIPUR vs. RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD, JAIPUR

In the result the appeal of the revenue in ITA No

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

depreciation). Each of these deductions, has its contours, depending upon the expressions used, and the conditions that are to be met. It is therefore necessary to bear in mind that specific enumeration of deductions, dependent upon fulfillment of particular conditions, would qualify as allowable deductions: failure by the assessee to comply with those conditions, would render the claim vulnerable

DCIT, JAIPUR vs. RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD, JAIPUR

In the result the appeal of the revenue in ITA No

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

depreciation). Each of these deductions, has its contours, depending upon the expressions used, and the conditions that are to be met. It is therefore necessary to bear in mind that specific enumeration of deductions, dependent upon fulfillment of particular conditions, would qualify as allowable deductions: failure by the assessee to comply with those conditions, would render the claim vulnerable

DCIT, JAIPUR vs. RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD, JAIPUR

In the result the appeal of the revenue in ITA No

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

depreciation). Each of these deductions, has its contours, depending upon the expressions used, and the conditions that are to be met. It is therefore necessary to bear in mind that specific enumeration of deductions, dependent upon fulfillment of particular conditions, would qualify as allowable deductions: failure by the assessee to comply with those conditions, would render the claim vulnerable

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:

145,422 Expenditure Amount Establishment Expenses 121,580,202 General Administrative Expenses 140,384,922 Public Works 4,110,780,873 Interest and Financial Expenses 40,063,692 Miscellaneous Expenses 566,919,915 Depreciation during the year 97,706,544 Total Expenditure - II 5,074,436,148 Net Surplus / (Deficit) (-) 303,290,726 2.6. In the preparation of the Income

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)

145,422 Expenditure Amount Establishment Expenses 121,580,202 General Administrative Expenses 140,384,922 Public Works 4,110,780,873 Interest and Financial Expenses 40,063,692 Miscellaneous Expenses 566,919,915 Depreciation during the year 97,706,544 Total Expenditure - II 5,074,436,148 Net Surplus / (Deficit) (-) 303,290,726 2.6. In the preparation of the Income

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. M/S WORSHIP INFRAPROJECTS PVT LTD(PREVIOUSLY KNOWN AS OM METALS SPML INFRAPROJECTS PVT LTD), JAIPUR

In the result of the appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Depreciation 2,32,414 2,32,414 Total Expenses 56,88,968 56,88,968 Adjusted Profit 4,09,19,882 2,52,91,655 M/s. Worship Infraprojects Pvt. Ltd., Jaipur. before tax (A) Profit before tax 90,48,708 90,48,708 as reported (B) Adjustment (A-B) 3,18,71,174 1,62,42,947 Actual Price

WORSHIP INFRAPROJECTS PRIVATE LIMITED,JAIPUR vs. DCIT, CEIRCLE-2, JAIPUR

In the result of the appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Depreciation 2,32,414 2,32,414 Total Expenses 56,88,968 56,88,968 Adjusted Profit 4,09,19,882 2,52,91,655 M/s. Worship Infraprojects Pvt. Ltd., Jaipur. before tax (A) Profit before tax 90,48,708 90,48,708 as reported (B) Adjustment (A-B) 3,18,71,174 1,62,42,947 Actual Price

HOLIDAY TRIANGLE TRAVEL PRIVATE LIMITED,GURGAON vs. INCOME TAX OFFICER, JAIPUR

In the result, appeal of the assessee is allowed

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

145 taxmann.com 356 (Chennai-Trib.); x) ITO,Bhubaneshwar v. Ashoka Industries Ltd. (2020) 120 taxmann.com 214 (Cuttack-Trib.) xi) ACIT v. Safe Decore (P) Ltd. (2018) 90 taxmann.com 161 (Jaipur- Trib.) On the other hand, the decision relied upon by the CIT (A), i.e., ITO, Hyderabad v. M/s. Quark Enterprises P. Ltd., ITA 1270/Hyd/2019 is based on different facts

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

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

DEEP JYOTI COMPANY,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeal of the assessee is allowed

Bench: The Hearing Of This Appeal.”

2,65,42,230/- on 31.03.2018 for the assessment year under consideration. Subsequently, the case of the assessee was selected for scrutiny and after serving statutory notices and seeking reply of the assessee, the assessment order under section 143(3) of the Income Tax Act was passed by the AO on 24.12.2018 determining the total income

M/S KANAK VRINDAVAN RESORTS LIMITED,JAIPUR vs. INCOME TAX OFFICER, WARD 6(2), JAIPUR

In the result, the appeal of the assessee is allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

2,00,000/- Expense 3. Depreciation 11,86,847/- 5,00,000/- Total 30,47,505/- 12,00,000/- In this regard it is submitted that it is settled provision of law that no disallowance can be made on estimate basis without rejecting the books of accounts u/s 145(3) of the Act. However, in the instant case

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)

section 32(1) would mean double deduction, which is not permissible in view of the decision of the Apex Court in the case of Escorts Ltd. v. Union of India [1993] 199 ITR 43/[1992] 65 Taxman 420. The depreciation being notional expenditure will not fall under the expression 'actually applied' as held by the Apex Court in the case

DCIT, JAIPUR vs. JADAU JEWELLERS & MFG (P) LTD., JAIPUR

In the result, the appeals filed by the assessee are partly allowed and that of the Revenue are dismissed

Section 40(a)(ia) provides for certain disallowances in certain cases notwithstanding that those amounts are generally allowed under the general section. The computation u/s.29 has to be made u/s.145 on the basis of books of account regularly maintained by the assessee which the Assessing Officer did by estimating the profit at 5% of the sales. The learned Counsel

INCOME TAX OFFICER, WARD-2, BEAWAR vs. SHRI MAN MOHAN MITTAL, BEAWAR

In the result, the cross objection so raised by the assessee is rejected

2, I have already held that the expenses of Rs. 32,86,993/- shall also form part of the total expenses claimed in the Profit & Loss Account, therefore the total freight expenses to be considered for the purpose of any disallowance would be Rs. 11,74,45,581/- (Rs. 11,41,58,588 + Rs. 32,86,993). Total receipts

BRAHAM PARKASH YADAV,BHIWADI, ALWAR vs. COMMISSIONER OF INCOME-TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE (NFAC)

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

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

145 DTR 265) (Allahabad H.C.) He further submitted that the above judgements have been delivered after judgement of Hon’ble Supreme Court in case of Checkmate Services (P) Ltd. and have similar facts. The ld. AR also submitted that it is a settled law that where different views of two courts are same status then the view favourable