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

section 80IA(8) of the Act.\n30.10. Considering that TPO has disputed the Grid rate not to be\nthe market value in terms of provisions of Section 80A(6) of the\nAct, we would like to state here that that unlike Section 80IA(8),\nthe word \"OR\" is missing in provisions of Section 80A(6) of the\nAct

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

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 Cit That Once Exemption U/S 11 Is Withdrawn, Not Disallowing The Scholar’S Education Trust Of India Vs.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)

section 263. 3. Under the facts and 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 CIT that once exemption u/s 11 is withdrawn, not disallowing the Scholar’S Education Trust of India vs. CIT(E) donation of Rs. 1,83,60,000/- in computing the total income has made the assessment order passed by AO as erroneous & prejudicial

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

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 ASSESSMENT CENTRE, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, AJMER, AJMER

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

RENU KHUNTETA,JAIPUR vs. ITO, WARD3(2), JAIPUR

In the result, appeal of the assessee is dismissed

Bench: Or At The Time Of Hearing.”

234C of the Income-tax Act, 1961 as per rules." 6. Ground No. 1 and 3 of the appeal is that the order u/s. 154 is bad in law and on facts as the adjusted total income being debatable. 6.1 The appellant contended that the order passed u/s 154 is totally bad in law and illegal since

RAJIV GANDHI VIDHYA PITH SHIKSHA,JAIPUR vs. ITO, EXEMPTION W(1), JAIPUR

In the result, appeal of the assessee is allowed for statistical

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

section in the same or any other previous year.” 8 Rajiv Gandhi Vidhya Pith Shiksha vs. ITO The case of the AO was that the appellant having already claimed the capital expenditure in the preceding years/current year as application of income, the depreciation w.r.t. cost of such asset, if permitted, will amount to double deduction which was not permissible

SANTOSH KANWAR,JAIPUR vs. ITO 6(4 ) JAIPUR, JAIPUR

Bench: BEFORE: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

234C, 234D & 244A(3) if applicable as per rules. ITNS-150 issued, which is forming part of this order. Issue demand notice & challan accordingly. Penalty notice u/s 274 r.w.s. 271(1)(c) is issued separately for furnishing inaccurate particulars.” 4 Santosh Kanwar, Jaipur. 4. Assessee-appellant, an individual, used to draw salary as director of Singla Buildcom

SHRI SUNDER LAL ADVANI,KOTA vs. INCOME TAX OFFICER, KOTA

In the result, the appeal of the assessee is partly allowed

depreciation thereon. 6. That the ld. Assessing Officer also erred in charging interest u/s 234A, 234B, 234C and 234D and the learned CIT (Appeals), Kota also erred in confirming the same. The appellant craves leave to add, alter, modify or amend any ground on or before the date of hearing. 2. The brief facts of the case are that

AMBA TECH ENGINEERING,BHIWADI vs. ITO, WARD-1(2)ADIT - CPC, ALWAR

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

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

234C cannot be charged for retrospective operation of the Hon'ble SC ruling in case of Checkmate Services Pvt Ltd. That for this proposition reliance is placed on decision of Hon'ble SC in case of CTT Vs Hindustan Elector Graphites Ltd dated 27.03.2000.’’ 4 AMBA TECH ENGINEERING VS ITO, WARD 2(3), ALWAR 2.1 Brief facts of the case

WAHID KHAN,BHIWADI vs. ITO WARD-1(2), ALWAR /DCIT CPC BENGALURU, ALWAR/CPC BENGALURU

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

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

234C cannot be charged for retrospective operation of the Hon'ble SC ruling in case of Checkmate Services Pvt Ltd. That for this proposition reliance is placed on decision of Hon'ble SC in case of CIT Vs Hindustan Elector Graphites Ltd dated 27.03.2000. 3 Shri Wahid Khan, Bhiwadi. 9. That the Ld. CIT(A), NAFC, Delhi has not provided

SWASTIC OIL INDUSTIRES,JAIPUR vs. ACIT CIRCLE -7, JAIPUR, JAIPUR

In the result the appeal of the assessee in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 34 & 35/JP/2023 fu/kZkj.k o"kZ@Assessment Year : 2018-19 & 2019-20 M/s. Swastic Oil Industries F-5-F8, Industrial Area Newai, Tonk 304 021 cuke Vs. The ACIT Circle-7 Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAJFS 8180 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri Devang Gargieya, Adv. jktLo dh vksj ls@Revenue by: Shri A.S. Nehra, Addl. CIT lquokbZ

234C and 234F of the Act. The appellant totally denies its liability of charging and without any such interest. The interest so charged/withdraw being contrary to the provisions of law and facts, kindly be deleted in full.’’ 2.1 As regards Ground No. 1 and 2 of the assessee for A. Y. 2018-19 in ITA No. 34/JPR/2023 the brief facts

SWASTIC OIL INDUSTRIES,JAIPUR vs. ACIT CIRCLE -7, JAIPUR, JAIPUR

In the result the appeal of the assessee in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 34 & 35/JP/2023 fu/kZkj.k o"kZ@Assessment Year : 2018-19 & 2019-20 M/s. Swastic Oil Industries F-5-F8, Industrial Area Newai, Tonk 304 021 cuke Vs. The ACIT Circle-7 Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAJFS 8180 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri Devang Gargieya, Adv. jktLo dh vksj ls@Revenue by: Shri A.S. Nehra, Addl. CIT lquokbZ

234C and 234F of the Act. The appellant totally denies its liability of charging and without any such interest. The interest so charged/withdraw being contrary to the provisions of law and facts, kindly be deleted in full.’’ 2.1 As regards Ground No. 1 and 2 of the assessee for A. Y. 2018-19 in ITA No. 34/JPR/2023 the brief facts

DCIT, JAIPUR vs. AMRAPALI JEWELS PVT. LTD. , JAIPUR

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

Bench: Him.

depreciation of Rs. 1,03,23,047/- against impugned additions made. 22. Under the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in upholding levy of interest u/s 234A, 234B and 234C of the Act. 23. The Appellant craves leave to add, amend and modify all or any ground of appeal

URBAN IMPROVEMENT TRUST,KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

Section 11 of the Act\nmade by the Appellant Trust Towards the charitable objects of the Appellant Trust.\n5. under the facts and circumstances of the case and in law, the Ld. CIT (A) has\nerrred in not allowing the depreciation alternatively claimed by the Appellant.\n6.\nUnder the facts and circumstances of the case

DCIT, EXEMPTIONS, CIRCLE, JAIPUR, JAIPUR vs. URBAN IMPROVEMENT TRUST, KOTA

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

Section 11 of the Act\nmade by the Appellant Trust Towards the charitable objects of the Appellant Trust.\n5. under the facts and circumstances of the case and in law, the Ld. CIT (A) has\nerred in not allowing the depreciation alternatively claimed by the Appellant.\n6.\nUnder the facts and circumstances of the case

URBAN IMPROVEMENT TRUST,KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

Section 11 of the Act\nmade by the Appellant Trust Towards the charitable objects of the Appellant Trust.\n5. under the facts and circumstances of the case and in law, the Ld. CIT (A) has\nerred in not allowing the depreciation alternatively claimed by the Appellant.\n6.\nUnder the facts and circumstances of the case

URBAN IMPROVEMENT TRUST (NOW KOTA DEVELOPMENT AUTHORITY),KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

Section 11 of the Act\nmade by the Appellant Trust Towards the charitable objects of the Appellant Trust.\n5. under the facts and circumstances of the case and in law, the Ld. CIT (A) has\nerred in not allowing the depreciation alternatively claimed by the Appellant.\n6.\nUnder the facts and circumstances of the case