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

65,893/- being additional depreciation and an addition of Rs.3,69,463/- due to transfer pricing adjustments. The Assessing Officer disallowed the same since the additional depreciation under Section

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)

depreciation under section 32(1) would mean double deduction, which is not permissible in view of the decision of the Apex Court in the case of Escorts Ltd. v. Union of India [1993] 199 ITR 43/[1992] 65

M/S RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD.,VIDYUT BHAWAN, JAN PATH, JYOTI NAGAR, JAIPUR vs. DCIT, CIRCLE-6, , JAIPUR

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

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

65,008 Less: Excess Prov. For Doubtful Debt written back (15,85,10,128) Unabsorbed depreciation or business loss as per books whichever is lower (1,62,54,32,352) Book Profit as per section

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)

65,210 the appellant has claimed a refund of Rs. 16,99,26,055 in the original return of income filed on 30.11.2019. 9 Shree Cement Limited vs. ACIT The above return was processed vide intimation as per provision of section 143(1) of the Act on 15.01.2021. While processing that ITR learned Assistant Director of Income Tax CPC Bangalore

BANSAL CLASSES PVIVATE LTD.,KOTA vs. JCIT, KOTA

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

65,348/- made by the AO on account of depreciation on PLD unit building on the basis of additional evidence admitted in violation of Rule 46A. (iii) deleting the addition of Rs. 5,52,000/- out of total addition of Rs. 7,94,000/- made by the AO u/s 40A(2)(b) out of salary paid; (iv) deleting the addition

AHLUWALIA ERECTORS AND FEBRICATIONS PVT. LTD.,KOTA vs. ACIT CIR-1 KOTA , KOTA

In the result the appeal of the assessee is partly allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

65,771 is being disallowed considering the reason, as stated above. (Disallowance of depreciation and interest claimed on vehicles of Rs. 5,32,219/-)” On this aspect, the ld. CIT(A) at page 6 para 5.2 held as under: “5.2.1 Ground No. 1: Disallowance of depreciation and interest on vehicles. The Assessing officer noted that the appellant had claimed depreciation

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

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

section 43B. In view of the mandate of clause (a) of section 47 ITA No. 253/JP/2015 along with 13 other appeals. M/s Rajasthan State Mines & Minerals Ltd. 43B of the Act, we do not see any reason to interfere into the order of the Ld. CIT(A), same is hereby affirmed, the ground of the assessee’s appeal is dismissed

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)

section 43 applicable, excess depreciation provided by Rs 1077958.00, only on the basis of suspicious without making any enquiry from the assessee. The nature of subsidy received by the assessee is in the form of VAT Exemption given by the Himachal Pradesh State Government to promote establishment of new unit/expansion of existing unit in the state of Himachal Pradesh

SHASHI KANT KHETAN,JHUNJHUNU vs. ASSISTANT COMMISSIONER OF INCOME TAX , JHUNJHUNU

In the result, the appeal of the assessee is allowed

Bench: The Itat By Taking Following

Section 144 of Income Tax Act provides best judgment assessment meaning thereby the A.O. is bound to assess a fair income by considering the results of inquiries conducted by him, past history of the assessee and comparative cases. In this case the ld. A.O. has not taken into account past history of the assessee and no any comparative case

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 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

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

65,470/-. Further the Addl. DIT (Inv.) Jaipur vide letter no. 587 dated 13.03.2018 has informed that an investigation report was received from DIT (Inv.) Chandigarh alongwith list of beneficiary. 18 M/s. Shiv Vegpro Pvt. Ltd., Kota. As per the information, the assessee has ltaken accommodation entry of Rs. 4,55,43,635/- during the F.Y. 2010-11 from Shree

SHRI SALASAR BALAJI DEVELOPERS PVT. LTD,JAIPUR vs. INCOME TAX OFFICER, WARD 2(2), JAIPUR

In the result, the appeal of the assessee is allowed

65, 00,440/-) Rs.2, 01, 00,440/-, whereas the actual\namount sustained was Rs.1.4 Cr. Only, as emerged out of the order of the Ld. CIT\n(A) that this was the factual error committed by the AO, further the same is not\nunder challenge by the revenue before us. In the similar facts the decision of the\nHon

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

In the result, appeal of the revenue is dismissed

depreciation disallowance on catalyst. iii) Curtailing disallowance out of interest paid on borrowed funds to Rs. 22,45,000/- as against that of Rs. 55,92,19,845/- made by AO since the decision of ld. CIT (A) is not in conformity with the ratio laid down by the Hon’ble Punjab & Haryana High Court in the case

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 disallowance on catalyst. iii) Curtailing disallowance out of interest paid on borrowed funds to Rs. 22,45,000/- as against that of Rs. 55,92,19,845/- made by AO since the decision of ld. CIT (A) is not in conformity with the ratio laid down by the Hon’ble Punjab & Haryana High Court in the case

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

In the result, appeal of the revenue is dismissed

depreciation disallowance on catalyst. iii) Curtailing disallowance out of interest paid on borrowed funds to Rs. 22,45,000/- as against that of Rs. 55,92,19,845/- made by AO since the decision of ld. CIT (A) is not in conformity with the ratio laid down by the Hon’ble Punjab & Haryana High Court in the case

ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-2, JAIPUR vs. M/S. ANGEL INFRASTRUCTURE PRIVATE LIMITED, JAIPUR

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

65,60,08,500/- (b) Whether it is a case of under assessment, assessment at too low rate assessment which has been made the subject of excessive relief or allowing or ITA 464 & 761/JP/2018_ 35 M/s Angel Infrastructure P Ltd. Vs DCIT excessive loss or depreciation: 10. Whether the provisions of section

M/S ANGEL INFRASTRUCTURE (P) LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

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

65,60,08,500/- (b) Whether it is a case of under assessment, assessment at too low rate assessment which has been made the subject of excessive relief or allowing or ITA 464 & 761/JP/2018_ 35 M/s Angel Infrastructure P Ltd. Vs DCIT excessive loss or depreciation: 10. Whether the provisions of section

ACIT, KOTA vs. SHIV AGREVO LTD., BARAN

In the result, appeal of the revenue is partly allowed

65 DTR 196 (Raj). 6. We have heard the rival contentions of both the parties, perused the material available on record and also gone through the orders of the authorities below. Admittedly, the rejection of books of accounts is not challenged by the assessee. The ld. CIT(A) has sustained the action of the Assessing Officer in respect of rejection