GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE, JAIPUR

In the result, appeal of the assessee is partly allowed

Section 13(3) of the Act. Since the assessee has not charged any interest on the said advance given to the specified persons, therefore, the Assessing Officer has made the addition of the reasonable interest to be charged. 8. We have considered the rival submissions as well as relevant material on record. Though, the advance

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

SUBHASH PARETA,KOTA vs. ACIT, KOTA

In the result, the appeal of the assessee and the revenue are disposed off with above directions

3) the assessment is required to be in the manner under Section 144 of the Act only. However, it is well known that in the case of Best Judgment where resort is taken to Section 144, the Assessing Officer exercising his jurisdiction cannot act arbitrarily or capriciously. The assessment must proceed on judicial considerations in the light of relevant

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTA vs. M/S SHIV VEGPRO PVT. LTD., KOTA

In the result, appeal of the revenue is dismissed

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) : Provided that where an assessment under sub-section (3) of section

SYLVAN GREENS PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 6, JAIPUR

In the result, the appeal of the assessee is allowed

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

3) of the Act, nor during any enquiry by the assessee. Hence the assessment proceedings initiated under section 147/148 of the Act are not according to the law and facts of the case is liable to be quashed. 2.8 We further noted that the grievance of the assessee was that ld. CIT(A) was not justified in confirming

M/S. KAIZEN ORGANICS PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3, JAIPUR

In the result, appeal of the assessee is allowed

Bench: The Hearing.

depreciation on Plant and Machinery of Rs. 8,04,524/-. The action of the ld. CIT (A) is illegal, unjustified 2 M/s. Kaizen Organics Pvt. Ltd., Jaipur. and against the facts of the case. Relief may please be granted by quashing the said disallowance of Rs. 8,04,524/-. 3. The appellant craves its rights to add, amend

ACIT, KOTA vs. MANGALAM CEMENT LTD., KOTA

depreciation under section 32(1)(iia) of the Act during the course of original assessment proceedings under section 143(3) of the Act. Now, examining

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

depreciation allowance or any other allowance, as the case may be, for the\n assessment year concerned (hereafter in this section and in sections 148 to 153 referred to\nas the relevant assessment year) :\nProvided that where an assessment under sub-section (3) of section

SHRI JITENDRA KUMAR GUPTA,BHARATPUR vs. INCOME TAX OFFICER, WARD-2, BHARATPUR

In the result, the appeals for the assessment year 2011-12 is dismissed and for the assessment year 2012-13 is allowed

Bench: Or During The Course Of Hearing.”

depreciation and IA. A separate audit report in the prescribed form 10CCB in support of the claim for deduction under Section 80IA/80IB was also duly submitted. The assessee had also submitted reply pursuant to all queries made by AO during the assessment proceedings under Section 143(3) of the Act. In this

SHRI JITENDRA KUMAR GUPTA,BHARATPUR vs. INCOME TAX OFFICER, WARD-2, BHARATPUR

In the result, the appeals for the assessment year 2011-12 is dismissed and for the assessment year 2012-13 is allowed

Bench: Or During The Course Of Hearing.”

depreciation and IA. A separate audit report in the prescribed form 10CCB in support of the claim for deduction under Section 80IA/80IB was also duly submitted. The assessee had also submitted reply pursuant to all queries made by AO during the assessment proceedings under Section 143(3) of the Act. In this

M/S RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

section 143(3) was completed on 14.06.2007 by making various additions to the tune of Rs. 121,85,97,423/- though the total income was assessed at NIL after setting off of brought forward unabsorbed depreciation

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

Section 145(3) of the Act. In this regard our reference was drawn to the 8 ITA No. 764/JP/2018 & CO No. 24/JP/2018 ITO vs. Shri Man Mohan Mittal various findings of the Assessing Officer in the assessment order as under:- “Finding of the AO (a) Thus, considering the entire facts of the case it is relevant from the records

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

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

depreciation under section 32(1)(iia) of the Act during the course of original assessment proceedings under section 143(3) of the Act. Now, examining

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

section 142(1) dated 17.08.2010 is reproduced as under :- Ministry of Finance OFFICE OF THE INCOME-TAX OFFICER WARD-2(2), JAIPUR [dated: - 17.08.2010 PAN-AAACZ 2642 3 M/s Zari Silk (India) P. Ltd., 10-11, Narain Singh Circle, Jaipur. Sir, Sub: - Assessment proceeding for the A.Y. 2008-09-reg. As you are aware that your case is under

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

section 142(1) dated 17.08.2010 is reproduced as under :- Ministry of Finance OFFICE OF THE INCOME-TAX OFFICER WARD-2(2), JAIPUR [dated: - 17.08.2010 PAN-AAACZ 2642 3 M/s Zari Silk (India) P. Ltd., 10-11, Narain Singh Circle, Jaipur. Sir, Sub: - Assessment proceeding for the A.Y. 2008-09-reg. As you are aware that your case is under

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

section 142(1) dated 17.08.2010 is reproduced as under :- Ministry of Finance OFFICE OF THE INCOME-TAX OFFICER WARD-2(2), JAIPUR [dated: - 17.08.2010 PAN-AAACZ 2642 3 M/s Zari Silk (India) P. Ltd., 10-11, Narain Singh Circle, Jaipur. Sir, Sub: - Assessment proceeding for the A.Y. 2008-09-reg. As you are aware that your case is under

DCIT, CC-2, JAIPUR vs. SHRI VIMAL CHAND SURANA(HUF), JAIPUR

In the result, the appeal of the revenue stands dismissed

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

3) of section 143 a presumption can be raised that such an order has been passed on application of mind. It is well known that a presumption can also be raised to the effect that in terms of clause (e) of section 114 of the Indian Evidence Act judicial and official acts have been regularly performed