JAIPUR TELECOM PVT. LTD,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

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

Section 43(1). Appellant prays that depreciation was charged as per past prevalent practice under bonafide belief and claim so made by assessee, does not ipso facto amounts to under reporting and by no means same amounts to misreporting of income. Appellant prays that all the particulars of income were fully disclosed in Return of Income itself, therefore penalty

JAIPUR TELECOM PRIVATE LIMITED,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

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

Section 43(1). Appellant prays that depreciation was charged as per past prevalent practice under bonafide belief and claim so made by assessee, does not ipso facto amounts to under reporting and by no means same amounts to misreporting of income. Appellant prays that all the particulars of income were fully disclosed in Return of Income itself, therefore penalty

ANAMIKA CONDUCTORS PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR

In the result, appeal of the assessee is allowed in part in terms indicated hereinabove

section 32 of IT Act under which the assessee company is legally entitled to deduction of depreciation 73,53,340/- on the Winds mills as against Rs.36,72,397/- allowed by the ld. AO. 2 ITA 266/JP/2019_ Anamika Conductors Vs ACIT (2) That ld. CIT(A) was not justified in sustaining the disallowances Rs.6,66

GIRNAR SOFTWARE PRIVATE LIMITED,6TH FLOOR, JAIPUR TEXTILE MARKET, B-2, NEAR MODEL TOWN, MALVIYA NAGAR, JAIPUR vs. PCIT – 2, JAIPUR, NEW CENTRAL REVENUE BUILDING

In the result, the appeal of the assessee is allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

66,30,268/- under section 14A of the Act read with rule 8D of the Rules. Now the assessee is in appeal before us. 3. Before us, the ld. A/R of the assessee submitted his written submissions as under :- “ In the submitted that the case of the Appellant was selected for Complete Scrutiny under the E-assessment Scheme

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)

depreciation on leasehold rights u/s 32(1)(ii) being business or commercial right acquired during the year under consideration. 5. That on the facts and in the circumstances of the case, necessary direction may be given to the A.O. to allow the claim of Deduction u/s 80-IA and 80-IC while computing book profit u/s 115JB

DYNAMIC POWERTECH PRIVATE LIMITED,JAIPUR vs. DCIT, CIRCLE 4, JAIPUR

In the result, the appeal of the assessee is allowed

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

depreciation, if any, under any provision of section 32, except clause (iia) of sub-section (1) of the said section, determined in such manner as may be prescribed. From the perusal of the above provision, it can be concluded that the company who has opted to file its return of income u/s 115BAA of the Act cannot take the deduction

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)

66,448/- is being disallowed for the reason as discussed above. • Depreciation claimed by assessee are as under: • On one of the Ciaz = 7.5% of Rs. 10,36,479 = Rs. 77,736 • On other Ciaz = 15% of Rs. 9,20,236 = Rs. 1,38,035 • On Duster = 15% of Rs. 10,00,000* = 1,50,000 (* = Bills for Duster have

SUPREME BUILDESTATES PVT LTD,MADANGANJ- KISHANGARH vs. DCIT CIRCLE 2 AJMER, JAIPUR ROAD AJMER

In the result, appeal of the assessee is allowed

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

depreciation and development rebate. Section 35 grants deduction on expenditure for scientific research and knowledge extension in natural and applied sciences under agriculture, animal husbandry and fisheries. Payment to approved universities/ 15 Supreme Buildestates Pvt. Ltd. vs. DCIT research institutions or company also qualifies for deduction. In-house R&D is eligible for deduction, under this section. Section 35CCD provides

CHURU ZILA SAHKARI BHOOMI VIKAS BANK LTD.,CHURU vs. ACIT, CIRCLE, JHUNJHUNU

In the result, this appeal of the assessee is partly allowed for statistical purposes

Section 32 of IT Act and thereby rejecting the alternate claim of the assessee in not allowing depreciation @ 10% amounting to Rs. 4,58,960/- on addition of Rs. 45,89,604/- to building-put in use by the assessee co-operative bank in its day to day work.” 2. Ground No. 1 of the appeal is regarding disallowance

KATH BROTHERS,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 69.” • In the case of Bajaj Sons. Ltd., the Hon’ble Chandigarh Bench of ITAT, ITA No. 1127/CHD/2019, has stated as under: “The AO has not pointed out any unexplained credit in the books of account, any unexplained investment, any unexplained money, bullion or jewellery, any unexplained expenditure or any amount of loan repaid in the assessment order

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

In the result, the appeal of the assessee is allowed

section 55(2)(b). The reference of 31.03.2005 in your notice is misplaced. During assessment proceeding vide submission dated 3 October, 2018 (P.B.: 6 to 8), it was submitted that the value appearing in the Balance Sheet as on 31.03.2005 (P.B. : 46 to 48) was Rs. 1,57,730/- wherein one year depreciation amounting to Rs 17,525/- was reduced

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

HARBANS LAL SETHI,JAIPUR vs. ADDL. CIT, KOTA

In the result, the appeals of the assessee are partly allowed and that of the Revenue are dismissed

66,300/- before depreciation and interest, this gives net profit rate of 9.65% before interest and depreciation. Assessee’s net income after interest and depreciation would be Rs.2,42,93,596/-. The AO is directed to take assessee’s net business income at Rs.2,42,93596/-.” 16.4 During the course of hearing, the ld. DR relied on the order

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

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

section 40A(2)(b) on account of excess salary payment; (iii) deleting addition of Rs. 1,03,00,000/- made by disallowing deduction claimed by the assessee company u/s 80G of the Act; (iv) deleting addition of Rs. 1,06,277/- made by disallowing excess depreciation claimed on Xerox machine;” 64. Regarding common ground of appeal no.1 in both

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

66,65,470/-. 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

FEDERATION OF RAJASTHAN TRADE AND INDUSTRY,JAIPUR vs. ITO-EXEMPTION WARD-2, JAIPUR

In the result, the appeal filed by the assessee is allowed for statistical purposes

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

Depreciation of Rs. 1,00,525/-) for the year under consideration. The Humble Appellant has also declared sale proceeds of building amounting of Rs. 61,00,000/- and after claiming indexing benefit, declared Long term capital loss of Rs. 50,450/-. That the Humble Appellant has claimed the cost of Property