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

HINDUSTAN SALES INDUSTRIAL CORPORATION,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, JAIPUR

In the result, the appeal of the assessee is allowed

depreciation amounting to Rs 17,525/- was reduced. It was also submitted that AY 2005-06 was assessed u/s 143(3) and copy of the assessment order was submitted. Through these evidences, it was established that the cost of building prior to 1981-82 was Rs 1,75,255. Ld. AO duly appreciated all these evidences, took judicious view

KATRATHAL GRAM SEWA SAHKARI SAMITI LIMITED ,KATRATHAL vs. ITO WARD 1 SIKAR, SIKAR

255 ITR 220 (P&H)\r\nand Travancore Cements Ltd. vs. Asstt. CIT (2008) 219 CTR (Ker) 359 : (2008)\r\n305 ITR 170 (Ker) held no longer good law.\r\nThe heading of s.147 is \"Income escaping assessment\" and that of s.148\r\n\"Issue of notice where income escaped assessment\". Sec. 148 is\r\nsupplementary and complimentary to s.147

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT ASSESSMENT CENTRE, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, AJMER, AJMER

7-8-2023 in ITA No. 142/JP/2023. The findings of co-ordinate Bench is reproduced herein below:-\n“34.1. We find that the ld. CIT (A) while dealing with the matter has considered the various aspects of the matter vigorously at great length and following the judicial precedents of Hon’ble Supreme Court and\nHon’ble High Courts, partly allowed

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

In the result, appeal of the revenue is dismissed

section 145(3). 28.7. Assessee has also provided details of 2 comparable companies where their profit had also shown a reduction in AY 2012-13. CRISIL data also revealed that the entire industry was suffering. Assessee's entries in the books are based on invoice. Agents and dealers billed same rate to assessee. Further, the downward fall in gross profit

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

In the result, appeal of the revenue is dismissed

section 145(3). 28.7. Assessee has also provided details of 2 comparable companies where their profit had also shown a reduction in AY 2012-13. CRISIL data also revealed that the entire industry was suffering. Assessee's entries in the books are based on invoice. Agents and dealers billed same rate to assessee. Further, the downward fall in gross profit

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

section 145(3). 28.7. Assessee has also provided details of 2 comparable companies where their profit had also shown a reduction in AY 2012-13. CRISIL data also revealed that the entire industry was suffering. Assessee's entries in the books are based on invoice. Agents and dealers billed same rate to assessee. Further, the downward fall in gross profit

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)

depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the same or any other previous year. 3.4 Sub-Section (6) of Section 11 was inserted by the Finance (No.2) Act,2014 w.e.f. 1.4.2015. This has been ratified by the Hon'ble Supreme Court in Civil Appeal

SHRI MANOJ KUMAR GUPTA,JAIPUR vs. ITO, WARD 5(2), JAIPUR

In the result, the ground no

depreciation, telephone/mobile exp. (Ground of Appeal No. 4), staff members birthday celebration (Ground of Appeal No. 5). 2. That in above regard it is respectfully submitted that any expenditure not specifically covered by sections 30 to 36 is deductable u/s. 37. An analysis of section 37(1) shows that any expenditure (not being expenditure of the nature described in sections

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

255 and claim various expenses\nunder the head, depreciation, interest on car loan, etc., however,\nas per the provision of section 44AD (6)(ii) of the act, income\nderived in the nature of commission or brokerage is not liable to be\noffered under section 44AD. Accordingly, assessee was asked to\nexplain why the brokerage income should not be considered

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)

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 it was categorically contended that appellant had not taken any unsecured loans from any of the party mentioned

MO. SHARIPH KURESHI,SIKAR vs. ITO WARD-4 SIKAR, SIKAR

In the result, the appeal of the assessee is allowed

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

255 ITR 220 (P&H) and Travancore Cements Ltd. vs. Asstt. CIT (2008) 219 CTR (Ker) 359 : (2008) 305 ITR 170 (Ker) held no longer good law. The heading of s. 147 is "Income escaping assessment" and that of s. 148 "Issue of notice where income escaped assessment". Sec. 148 is supplementary and complimentary

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.

7. We have given our thoughtful consideration to the rival submissions of the parties. If volume of receipts and constant increase into surplus is considered, this necessity gives impression of commercial activity. Let us appreciate the facts in light of various judicial pronouncement. The Hon’ble Supreme Court in the case of Commissioner of Sale Tax vs Sai Publication Fund

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.

7. We have given our thoughtful consideration to the rival submissions of the parties. If volume of receipts and constant increase into surplus is considered, this necessity gives impression of commercial activity. Let us appreciate the facts in light of various judicial pronouncement. The Hon’ble Supreme Court in the case of Commissioner of Sale Tax vs Sai Publication Fund

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.

7. We have given our thoughtful consideration to the rival submissions of the parties. If volume of receipts and constant increase into surplus is considered, this necessity gives impression of commercial activity. Let us appreciate the facts in light of various judicial pronouncement. The Hon’ble Supreme Court in the case of Commissioner of Sale Tax vs Sai Publication Fund

OM INFRA LIMITED,JAIPUR RAJASTHAN vs. DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR, RAJASTHAN

In the result, we find no substantial question of law being involved in this appeal

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

255] Del) 10 Om Infra Limited vs. DCIT, Central Circle-01, Jaipur Section 154, object of.- The provisions of section 154 are meant to rectify an apparent error committed by the Assessing Officer. They cannot be sought to be invoked to rectify an error committed by the assessee while filing the return of income [Mold-Tek Plastics Lid. v. Deputy

SHREE CEMENT LIMITED,BEAWAR vs. PR.CIT, , UDAIPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 04/Jp/2021 Assessment Year: 2014-15 Shree Cement Limited, Cuke Pr.Cit, Vs. Bangur Nagar, Post Box No. 33, Udaipur. Beawar. Pan No.: Aaccs 8796 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Dilip Desai (Ca) Shri Vijay Shah (Ca) Shri Mohit Choudhary (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 01/04/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 23/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of Ld. Pcit, Udaipur Dated 03.02.2021 Passed U/S 263 Of The Income Tax Act, 1961 (In Short The Act) For The Assessment Year 2014-15. The Grounds Of Appeal Taken By The Assessee Are As Under: “1. That On The Facts & In The Circumstances Of The Case, The Learned Principal Commissioner Of Income Tax – Udaipur, (Here- In- After Referred To As Ld. Pr. Cit) Was Not Justified In Initiating Proceedings U/S 263 Of The Income Tax Act, 1961 Since The Order Passed By The Assessing Officer (A.O.) Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue.

7: Allowability of Pre-operative expense 1.0 The above issue is also squarely covered in favour of the appellant by the decision of Hon’ble Apex Court in the case of CIT –vs.- Relaxo Footwears Ltd. (2007) 293 ITR 231 (Del) SLP dismissed by Supreme Court vide SLP No. CC 12361/2007 dated 03- 01-2008 20 ITA 04/JP/2021_ Shree Cement

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

7. After considering rival submissions, I am of the view that reopening of the\nassessment is bad in law. The A.O. merely noted in the reasons that since there is an\ninformation available on ITD System of the Department that assessee has made cash\ndeposits of Rs.14,75,000/- in his Bank Account, therefore, income chargeable to tax has\nescaped