JAGDISH KUMAR ARORA,BHAWANIMANDI vs. DCIT, CENTRAL CIRCLE- KOTA, KOTA

In the result, the appeal of the assessee is allowed

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

28 Jagdish Kumar Arora from business and, therefore, it is our considered view that deeming such income under the provisions of sections 68 or 69 would not hold good. In our view, in such a situation, the AO could not have legally and validly resorted to taxing the income of the assessee at the rate of 60% in terms

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

28,55,49,555/- in the P & L a/c. This includes depreciation of Rs.17,17,062/-claimed @80% on the windmill which comprised of the civil work carried out for their installation and the electricity work including cabling & electricity lines. The AO observed that the civil work and the electrical work are the ancillary items connected with the installation

YUWAM EDUCATION PVT. LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

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

28 the claimed income gets covered. Even as per judgement in the Principal Commissioner of Income-tax v. Bajargan Traders, the source of investment/expenditure is clearly identifiable Le the source must be clearly identifiable. In this regard, as per provisions of the Act, not only the source but the year of earning of income also needs to be shown

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

28,643/-) has escaped assessment within the meaning of provisions of Section 147 of the IT Act, 1961 for the Asstt. Year 2010-11. The escapement was on account of failure on the part of the assessee to disclose all material facts.” 15. On perusal of the reasons so recorded, the Assessing officer has stated that the income

RAJASTHAN STATE MINES & MINERALS LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, appeal of the Revenue is partly allowed for statistical purpose

section 37 but was in respect to allowing the depreciation u/s 32 of the Act. The submission of the Ld. A/R for the Assessee is that the value of wasting asset will depreciate with the extraction of mineral, in our view, is preposterous. In our view, with passage of guidelines for protecting the environment, now it is the duty

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)

28 and 44 of the Act. Such computed income is exempted from tax under sections 11 13 Shri Digamber Jain Atikshaya Keshtra and 13, if 85% o f the same is spent on the charitable objects. Once the income is computed and determined 85% of such computed income should be utilized for charitable objects. In view of the above judgment

RSD CONTAINERS PRIVATE LIMITED,JAIPUR vs. ITO, WARD 7(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

28 RSD Containers Pvt Ltd. vs ITO Hence, Abhisar Buildwell has no applicability in reassessment under Section 147/148. 8. Set-Off of Unabsorbed Depreciation

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

Appeal is dismissed

depreciation and Misc. Expenses held that there expenses crystallized in earlier. On appeal Ld. CIT(A), confirmed the action of AO in respect of disallowance of overtime expenses, law charges and set aside the issue of miscellaneous expenses to AO for verification. Aggrieved by this, the assessee has assailed the order of Ld. CIT(A) before this Tribunal

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

Appeal is dismissed

depreciation and Misc. Expenses held that there expenses crystallized in earlier. On appeal Ld. CIT(A), confirmed the action of AO in respect of disallowance of overtime expenses, law charges and set aside the issue of miscellaneous expenses to AO for verification. Aggrieved by this, the assessee has assailed the order of Ld. CIT(A) before this Tribunal

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 u/s 147/148 of 1.T. Act, 1961 & reopened the case. That the Ld. CIT(A) also erred in upholding the action of Ld. A.O. for reopening of Assessment. 2 OM KOTHARI FOUNDATION VS ITO (EXEMPTION), WARD -1 , JAIPUR 2. That the Ld. A.O. grossly erred on Law and Facts in not accepting the order of Higher Authorities

SAROJ DEVI HALDIYA,JAIPUR vs. ITO WARD-6(1), JAIPUR, JAIPUR

depreciation allowance or any other allowance under this Act has been\ncomputed;]\n[(d) where a person is found to have any asset (including financial interest in any entity)\nlocated outside India.]\n22[Explanation 3. For the purpose of assessment or reassessment under this section, the\nAssessing Officer may assess or reassess the income in respect of any issue, which

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)

28 of IT Act, being the charging section. The aforesaid claim along with full details has duly been made by the appellant in the notes forming part of computation of total income. [For Additional Ground No. 3] 5.0 Allowability of depreciation

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 28 and for depreciation, reserve and other funds under section 29, a Corporation may utilise such percentage of its net annual

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 28 and for depreciation, reserve and other funds under section 29, a Corporation may utilise such percentage of its net annual

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 28 and for depreciation, reserve and other funds under section 29, a Corporation may utilise such percentage of its net annual

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 28 and for depreciation, reserve and other funds under section 29, a Corporation may utilise such percentage of its net annual

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 28 and for depreciation, reserve and other funds under section 29, a Corporation may utilise such percentage of its net annual

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. M/S. MODERN DENIM LTD., JAIPUR

In the result, the appeals of the Revenue are dismissed

Bench: The Hearing.”

depreciation and on the other hand remission of the principal, which is covered U/s 28(iv) of the Act. As per Section

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. M/S MODERN DENIM LTD., JAIPUR

In the result, the appeals of the Revenue are dismissed

Bench: The Hearing.”

depreciation and on the other hand remission of the principal, which is covered U/s 28(iv) of the Act. As per Section