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)

14A of the Act read with rule 8D of the Rules. Now the assessee is in appeal before us. 3. Before us, the ld. A/R of the assessee submitted his written submissions as under :- “ In the submitted that the case of the Appellant was selected for Complete Scrutiny under the E-assessment Scheme 2019 and a notice 5 Girnar Software

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

depreciation disallowed on catalyst. 10. This ground of the Revenue is covered by the decision of the Coordinate Bench of the Tribunal in ITA Nos. 461 & 575/JP/2015 for the A.Y. 2011-12 at page 12 para 21 as under :- “21. We have heard the rival contentions of both the parties, perused the material available on the record and the earlier

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

In the result, appeal of the revenue is dismissed

depreciation disallowed on catalyst. 10. This ground of the Revenue is covered by the decision of the Coordinate Bench of the Tribunal in ITA Nos. 461 & 575/JP/2015 for the A.Y. 2011-12 at page 12 para 21 as under :- “21. We have heard the rival contentions of both the parties, perused the material available on the record and the earlier

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

In the result, appeal of the revenue is dismissed

depreciation disallowed on catalyst. 10. This ground of the Revenue is covered by the decision of the Coordinate Bench of the Tribunal in ITA Nos. 461 & 575/JP/2015 for the A.Y. 2011-12 at page 12 para 21 as under :- “21. We have heard the rival contentions of both the parties, perused the material available on the record and the earlier

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

14A of the Act as these expenditure are incurred purely for business purpose and not for making investments. 81. Accordingly, being satisfied with the basis of computation of disallowance u/s 14A of the Act, the Ld.AO taken a plausible view on allowability of the same which is legally allowed as it is usual that interest free funds would be first

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

M/S. MAHARAJA SHREE UMAID MILLS LTD. JAIPUR,JAIPUR vs. DCIT CIRCLE-6, JAIPUR, CIRCLE-6, JAIPUR

In the result, the ground of appeal is allowed for statistical purposes

depreciation of Rs.2,02,91,277/- claimed u/s 32(1)(iia) of IT Act, 1961 M/s Maharaja Shree Umaid Mills Ltd. vs. DCIT 4. The Ld. CIT(A) has erred on facts and in law in confirming the disallowance of commission of Rs.19,56,000/- paid to non residents u/s 40(a)(ia) of IT Act, 1961. 2. In ground

JAIPUR TELECOM PVT. LTD,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

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

14A -Held, yes -Whether this by no stretch of imagination could be held to be 'misreporting' - Held, yes - Whether further, in absence of details as to which limb of section 270A was attracted and how ingredient of sub-section (9) of section 270A was satisfied, mere reference to word 'misreporting' by revenue in penalty order to deny immunity from imposition

JAIPUR TELECOM PRIVATE LIMITED,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

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

14A -Held, yes -Whether this by no stretch of imagination could be held to be 'misreporting' - Held, yes - Whether further, in absence of details as to which limb of section 270A was attracted and how ingredient of sub-section (9) of section 270A was satisfied, mere reference to word 'misreporting' by revenue in penalty order to deny immunity from imposition

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

1)(iia) of the Act during the course of original assessment proceedings under section 143(3) of the Act. Now, examining the said claim of additional depreciation during the reassessment proceedings would therefore be a clear case of change of opinion. On this ground as well, the reassessment proceedings cannot be held valid in law.” 7. Reliance was also placed

RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, both set of cross appeals for the respective assessment years are disposed off with above directions

14A of the Income-tax Act. 5. Whether on the facts and circumstances of the case and in law, the ld. CIT(A) was justified in allowing deduction u/s 80IA on interest income including penal interest income and on other income. 6. (a) Whether on the facts and circumstances of the case

M/S GVK JAIPUR EXPRESSWAY PRIVATE LIMITED,TELANGANA vs. PCIT 2, JAIPUR

In the result, the appeal of the assessee is allowed

1)(iii) instead of under section 14A of the Income Tax Act. Appellant\nprays that disallowance of interest was made by ld.AO, after considering all\nthe facts as well as submission made by assessee and in light of decision of\nHon'ble ITAT passed in the case of assessee itself, therefore assessment order\nso passed by ld.AO after due application

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

1,30,00,385/-which is chargeable to tax has escaped from assessment within the meaning of section 147 of the I.T. Act, 1961.” 5.5. The appellant submitted that the AO has satisfied himself that appellant had taken accommodation entry in the shape of unsecured loans. The appellant submitted that it raised objections before AO against such reasons wherein

DCIT, CIRCLE-6, JAIPUR, NCRB, JAIPUR vs. BARMER LIGNITE MINING COMPANY LIMITED, JAIPUR

In the result, the appeal of the Revenue is dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

depreciation on intangible assets of Rs.42,49,575/- made in the original assessment order dt. 25.02.2015 were sustained in the assessment order passed u/s 143(3) r.w.s. 254 of the Act dt. 24.10.2018.’’ 2.1 Apropos Ground No. 1 of the Revenue, the facts as emerges from the order of the ld CIT(A) in which

M/S S B B J,JAIPUR vs. ACIT, JAIPUR

Appeal is dismissed

Section 14A of the Act. However, Ld. CIT(A) enhanced the disallowance by applying Rule 8D of the Income Tax Rules, 1962. 3.2 Ld. Counsel for the assessee reiterated the submissions as made in the written submissions. He submitted that the issues are identical as in the AY 2006- 07. He adopted the same argument as were made

ACIT, JAIPUR vs. STATE BANK OF BIKANER & JAIPUR, JAIPUR

Appeal is dismissed

Section 14A of the Act. However, Ld. CIT(A) enhanced the disallowance by applying Rule 8D of the Income Tax Rules, 1962. 3.2 Ld. Counsel for the assessee reiterated the submissions as made in the written submissions. He submitted that the issues are identical as in the AY 2006- 07. He adopted the same argument as were made

ACIT, JAIPUR vs. STATE BANK OF BIKANER & JAIPUR, JAIPUR

Appeal is dismissed

1. (i) Under the facts and circumstances of the case Ld. Commissioner of Income Tax (Appeals) has erred in upholding the applicability of the provision of Section 14A and thereby upholding the disallowance of proportionate interest and estimated administrative expenditure of the banking business. (ii) Under the facts and circumstances of the case Ld. Commissioner of Income Tax (Appeals

STATE BANK OF BIKANER & JAIPUR,JAIPUR vs. ACIT, JAIPUR

Appeal is dismissed

1. (i) Under the facts and circumstances of the case Ld. Commissioner of Income Tax (Appeals) has erred in upholding the applicability of the provision of Section 14A and thereby upholding the disallowance of proportionate interest and estimated administrative expenditure of the banking business. (ii) Under the facts and circumstances of the case Ld. Commissioner of Income Tax (Appeals

ANAMIKA CONDUCTORS PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR

In the result, appeal of the assessee is allowed in part in terms indicated hereinabove

1. Amount on which depreciation is allowable 91,91,675 2. Depreciation allowable @ 80% (Expl. 5 to Section 32) 73,53,340 3. W.D.V. as on 1st April 2014 18,38,335 7. We have considered the rival contentions and found that after insertion of Explanation 5 to Section 32 of the Act, option of assessee for claim of deprecation