BAJRANG WIRE PRODUCTS (INDIA) PRIVATE LIMITED,BAJRANG WIRE PRODUCTS (INDIA) PRIVATE LIMITED vs. DCIT CIRCLE -4-JAIPUR, RJN-C-(104)(1), JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

80-IE shall not be allowed, and at the same time section 139(5) provides for filing a revised return when the assessee discovers any omission or any wrong statement made in the return already filed under sub- section (1) of section 139 or return filed under sub- section (1) of section 142. This revised return can be filed

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)

80-IC (which is admissible for five years) can start period of five years on the ground that the assessee has not carried out substantial expansion in its manufacturing unit?” Thus, in this case the issue was that whether the new 5 year benefit will be available or not. Considering that aspect of the matter and the fact that

ACIT, KOTA vs. MANGALAM CEMENT LTD., KOTA

depreciation on power plant and windmill @ 80% on written down value basis under section 32(1)(ii) of the Act. The Assessing

OAN INDUSTRIES PRIVATE LIMITED,JAIPUR vs. ITO, WARD 4(2), JAIPUR, JAIPUR

In the result, appeal of the assessee is dismissed

Bench: Shri Sandeep Gosain & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.584/Jpr/2024 िनधा"रण वष" / Assessment Year : 2023-24 Oan Industries Private The Income Tax Limited, V Officer, 134, Malhotra Nagar, Near S Ward-4(2), Jaipur. Vidyadhar Nagar Stadium, Vidyadhar Nagar, Jaipur, Rajasthan – 302039. Pan: Aacco9587F Appellant / Assessee Respondent / Revenue Assessee By Shri Mukesh Khandelwal – Ca Revenue By Shri Rajesh Kumar Meena- Addl.Cit(Dr) Date Of Hearing 04/07/2024 Date Of Pronouncement 10/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Addl.Commissioner Of Income Tax/Jcit(Appeals)-2, Pune U/Sec.250 Of The Income Tax Act, 1961; For A.Y.2023-24 Dated Oan Industries Private Limited [A]

80-IA shall apply to the start-ups for the purpose of allowing deductions under sub-section (1). Section 80IA : (7) The deduction under sub-section (1) from profits and gains derived from an undertaking shall not be admissible unless the accounts of the undertaking for the previous year relevant to the assessment year for which the deduction is claimed

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 on power plant and windmill @ 80% on written down value basis under section 32(1)(ii) of the Act. The Assessing

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

80% with respect to cost of construction and installation of electrical items and the foundation structure with respect to wind mills. We direct accordingly. 6. The assessee has also pleaded that while allowing the assessee’s claim of depreciation, the A.O. has not considered the explanation 5 to Section

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)

Depreciation under section 32 Rs.1,89,824 3.8. The condition precedent to the exercise of the jurisdiction under section 147 is the formation of a reason to believe by the Assessing Officer. Upon the formation of the reason to believe that income chargeable to tax has escaped assessment, the AO is empowered to assess or to reassess such income

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

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

80% claimed by the assessee. 3. The Ld. CIT(A) has erred on facts and in law in confirming the disallowance of additional depreciation of Rs.2,02,91,277/- claimed u/s 32(1)(iia) of IT Act, 1961 M/s Maharaja Shree Umaid Mills Ltd. vs. DCIT 4. The Ld. CIT(A) has erred on facts and in law in confirming

M/S KISHANGARH HI TECH TEXTILE PARK LTD.,KISHANGARH vs. ASSISTANT COMMISSIONER OF INCOME TAX (TECH), AJMER

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

Section 43(1) read with explanation 10 thereto. Further, the Assessing officer has allowed depreciation at varying rates on various assets class comprising the Wind Power Project as against 80

M/S KISHANGARH HI TECH TEXTILE PARK LTD.,KISHANGARH vs. ASSISTANT COMMISSIONER OF INCOME TAX (TECH), AJMER

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

Section 43(1) read with explanation 10 thereto. Further, the Assessing officer has allowed depreciation at varying rates on various assets class comprising the Wind Power Project as against 80

M/S KISHANGARH HI TECH TEXTILE PARK LTD.,KISHANGARH vs. ASSISTANT COMMISSIONER OF INCOME TAX (TECH), AJMER

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

Section 43(1) read with explanation 10 thereto. Further, the Assessing officer has allowed depreciation at varying rates on various assets class comprising the Wind Power Project as against 80

M/S KISHANGARH HI TECH TEXTILE PARK LTD.,KISHANGARH vs. ASSISTANT COMMISSIONER OF INCOME TAX (TECH), AJMER

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

Section 43(1) read with explanation 10 thereto. Further, the Assessing officer has allowed depreciation at varying rates on various assets class comprising the Wind Power Project as against 80

ACIT, JAIPUR vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP., JAIPUR

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

80-IC. The Himachal Pradesh High Court, having wrongly interpreted the judgments in Sterling Foods (supra) and Liberty India's cases (supra) to arrive at the opposite conclusion, is held to be wrongly decided for the reasons given by us hereinabove.” Thus, in view of the facts and circumstances of the case as well as following the decisions

ACIT, JAIPUR vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP., JAIPUR

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

80-IC. The Himachal Pradesh High Court, having wrongly interpreted the judgments in Sterling Foods (supra) and Liberty India's cases (supra) to arrive at the opposite conclusion, is held to be wrongly decided for the reasons given by us hereinabove.” Thus, in view of the facts and circumstances of the case as well as following the decisions

RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP. LTD.,JAIPUR vs. ACIT, JAIPUR

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

80-IC. The Himachal Pradesh High Court, having wrongly interpreted the judgments in Sterling Foods (supra) and Liberty India's cases (supra) to arrive at the opposite conclusion, is held to be wrongly decided for the reasons given by us hereinabove.” Thus, in view of the facts and circumstances of the case as well as following the decisions

DCIT, JAIPUR vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORTATION LTD., JAIPUR

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

80-IC. The Himachal Pradesh High Court, having wrongly interpreted the judgments in Sterling Foods (supra) and Liberty India's cases (supra) to arrive at the opposite conclusion, is held to be wrongly decided for the reasons given by us hereinabove.” Thus, in view of the facts and circumstances of the case as well as following the decisions

RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP. LTD.,JAIPUR vs. DCIT, JAIPUR

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

80-IC. The Himachal Pradesh High Court, having wrongly interpreted the judgments in Sterling Foods (supra) and Liberty India's cases (supra) to arrive at the opposite conclusion, is held to be wrongly decided for the reasons given by us hereinabove.” Thus, in view of the facts and circumstances of the case as well as following the decisions