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

In the result, appeal of the revenue is dismissed

26,747/- should be allowed. 2. That the Ld. Commissioner of Income Tax, Circle-2, Kota erred in disallowing interest of Rs. 35,92,45,372/- in respect of borrowed funds alleged to be taken for investment made in the subsidiaries and the Ld. Commissioner of Income Tax (Appeals), Kota further erred in partially confirming the disallowance of interest

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

26,747/- should be allowed. 2. That the Ld. Commissioner of Income Tax, Circle-2, Kota erred in disallowing interest of Rs. 35,92,45,372/- in respect of borrowed funds alleged to be taken for investment made in the subsidiaries and the Ld. Commissioner of Income Tax (Appeals), Kota further erred in partially confirming the disallowance of interest

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

In the result, appeal of the revenue is dismissed

26,747/- should be allowed. 2. That the Ld. Commissioner of Income Tax, Circle-2, Kota erred in disallowing interest of Rs. 35,92,45,372/- in respect of borrowed funds alleged to be taken for investment made in the subsidiaries and the Ld. Commissioner of Income Tax (Appeals), Kota further erred in partially confirming the disallowance of interest

ACIT(EXEMPTION), JAIPUR vs. MAHIMA SHIKSHA SAMITI, JAIPUR

In the result, all the grounds taken by the Revenue are dismissed and ground taken by the assessee society is allowed

disallowed, contribution to Jaipur National University which has not been held to be application of income in view of violation of section 13(1)(c) and section 13(2)(a) of the Act, and addition to fixed Assets which have not been allowed as application of income. Taking into consideration all these issues in addition to systematic generation of surplus

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA vs. BHIM SINGH, KOTA

In the result, appeal of the Revenue is dismissed

Bench: The Ld. Cit (A) By The Assessee Which Were Allowed By The Ld. Cit (A) Are To Be Considered In This Appeal

disallowances made by the AO in the assessment framed under section 143(3) were deleted by the ld. CIT (A) as under :- 3 Shri Bhim Singh, Kota. 4 Shri Bhim Singh, Kota. 5 Shri Bhim Singh, Kota. 6 Shri Bhim Singh, Kota. Thus it is clear that the ld. CIT (A) has followed the decision of this Tribunal in assessee

ARAVALI BUILDHOMES LLP,JAIPUR vs. AO CPC, JAIPUR

In the result, the appeal of the assessee is allowed

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

10) to the assessee. The only contention is that since the original return of income was filed by the asessee beyond the period prescribed in section 139(1), therefore, the embargo placed by section 80AC on the entitlement of the assessee to the deduction claimed under section 80IB of the Act comes into play. Section 139 (4) allows "any person

TIRUPATI COLLEGE OF TECHNICAL EDUCATION SOCIETY,JAIPUR vs. CIT(EXEMPTIONS), JAIPUR

In the result, the appeal filed by the assessee is partly allowed with

section 10(23C) from back date are also not according to the law and facts of the case and at the worst after the year of notice it can be done if any. In the case of CIT V/s Manav Vikas Avam Sewa Sansthan 336 ITR 250 (All) it has been held that “9. We have heard the learned counsel

LATE SH. BHEEM SEN BATRA,JAIPUR vs. ITO, ALWAR

In the result, appeals of the assessee in ITA Nos

10% of the claim. Ground No. 2 is regarding claim of cash discount given to the customers of Rs. 83,000/-. 14. The ld. A/R of the assessee has submitted that the AO has made the adhoc disallowance of Rs. 83,000/- out of the total claim of Rs. 2,70,993/-. The ld. A/R has submitted that the discount

LATE SH. BHEEM SEN BATRA,JAIPUR vs. ITO, ALWAR

In the result, appeals of the assessee in ITA Nos

10% of the claim. Ground No. 2 is regarding claim of cash discount given to the customers of Rs. 83,000/-. 14. The ld. A/R of the assessee has submitted that the AO has made the adhoc disallowance of Rs. 83,000/- out of the total claim of Rs. 2,70,993/-. The ld. A/R has submitted that the discount

LATE SH. BHIM SEN BATRA L/H SH. HIMANSHU BATRA,ALWAR vs. ITO, ALWAR

In the result, appeals of the assessee in ITA Nos

10% of the claim. Ground No. 2 is regarding claim of cash discount given to the customers of Rs. 83,000/-. 14. The ld. A/R of the assessee has submitted that the AO has made the adhoc disallowance of Rs. 83,000/- out of the total claim of Rs. 2,70,993/-. The ld. A/R has submitted that the discount

ACIT, CIRCLE, BHARATPUR vs. M/S. JAGDAMBE STONE COMPANY, BHARATPUR

In the result, this appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

disallowance under section 40(a)(ia) read with section 194C of the Act. IN this regard, he placed reliance on the judgement of ITAT Kolkata in the case of Soma Rani Ghosh Vs DCIT Kolkata, ITA No. 1420/KOL/2015. Once the conditions of Section 194C(6) is satisfied, the liability to deduct the TDS would cease and accordingly, application of section

CAREER POINT LIMITED,KOTA, RAJASTHAN vs. PRINCIPAL COMMISSIONER OF INCOME TAX, UDAIPUR, RAJASTHAN

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)

disallowance u.s. 14Aof Income Tax Act,1961 should be made.” It is clearly evident from the above reply submitted that assessee never admitted that case is covered by the provisions of section 14A of the Act and also the explanatory circular of CBDT No. 5/2014. Accordingly, this revisionary order passed u/s 263 of I. Tax Act is arbitrary assuming wrong

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

disallowance made U/s 40(a)(ia) of the Act is deleted. 16.1 As regards the disallowance sustained by the ld. CIT(A), we find merits in the alternative plea of the ld AR that the amendment brought into the provisions of Section 40(a)(ia) of the Act by the Finance Act, 2015 has been held as remedial in nature

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR vs. ZUBERI ENGINEERING COMPANY, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

disallowance made U/s 40(a)(ia) of the Act is deleted. 16.1 As regards the disallowance sustained by the ld. CIT(A), we find merits in the alternative plea of the ld AR that the amendment brought into the provisions of Section 40(a)(ia) of the Act by the Finance Act, 2015 has been held as remedial in nature

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DCIT, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

disallowance made U/s 40(a)(ia) of the Act is deleted. 16.1 As regards the disallowance sustained by the ld. CIT(A), we find merits in the alternative plea of the ld AR that the amendment brought into the provisions of Section 40(a)(ia) of the Act by the Finance Act, 2015 has been held as remedial in nature

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

disallowance made U/s 40(a)(ia) of the Act is deleted. 16.1 As regards the disallowance sustained by the ld. CIT(A), we find merits in the alternative plea of the ld AR that the amendment brought into the provisions of Section 40(a)(ia) of the Act by the Finance Act, 2015 has been held as remedial in nature

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), CIRCLE, JAIPUR vs. MODERN SCHOOL SOCIETY, KOTA

In the result, this appeal of the revenue stands dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1361 & 1362/Jp/2018 Assessment Years: 2011-12 & 2012-13 Deputy Commissioner Of Cuke M/S Modern School Society, Vs. Income Tax (Exemptions) Sector-A, Talwandi, Kota Circle, Jaipur. (Rajasthan) Pan No.: Aaatm 7045 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Vk;Dj Vihy La-@Ita No. 357/Jp/2019 Assessment Year: 2013-14 Deputy Commissioner Of Cuke M/S Modern School Society, Vs. Income Tax (Exemptions) Sector-A, Talwandi, Kota Circle, Jaipur. (Rajasthan) Pan No.: Aaatm 7045 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Rajiv Sogani (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 21/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeals Filed By The Revenue Against The Separate Orders Of The Ld. Cit(A)-3, Jaipur Dated 04/09/2018 & 12/12/2018 For The A.Y. 2011-12 To 2013-14 Respectively.

26. Undue Benefit given to the specified persons: The ld. CIT(E) noted that the assessee made payment on account of salary to the persons allegedly covered u/s 13(3) of the Act. The details of the payments are given in para 6.1 of the impugned order as under:- 36 ITA 1361 & 1362/JP/2018 & 357/JP/2019_ DCIT(E) Vs M/s Modern School

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), CIRCLE, JAIPUR vs. MODERN SCHOOL SOCIETY, KOTA

In the result, this appeal of the revenue stands dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1361 & 1362/Jp/2018 Assessment Years: 2011-12 & 2012-13 Deputy Commissioner Of Cuke M/S Modern School Society, Vs. Income Tax (Exemptions) Sector-A, Talwandi, Kota Circle, Jaipur. (Rajasthan) Pan No.: Aaatm 7045 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Vk;Dj Vihy La-@Ita No. 357/Jp/2019 Assessment Year: 2013-14 Deputy Commissioner Of Cuke M/S Modern School Society, Vs. Income Tax (Exemptions) Sector-A, Talwandi, Kota Circle, Jaipur. (Rajasthan) Pan No.: Aaatm 7045 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Rajiv Sogani (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 21/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeals Filed By The Revenue Against The Separate Orders Of The Ld. Cit(A)-3, Jaipur Dated 04/09/2018 & 12/12/2018 For The A.Y. 2011-12 To 2013-14 Respectively.

26. Undue Benefit given to the specified persons: The ld. CIT(E) noted that the assessee made payment on account of salary to the persons allegedly covered u/s 13(3) of the Act. The details of the payments are given in para 6.1 of the impugned order as under:- 36 ITA 1361 & 1362/JP/2018 & 357/JP/2019_ DCIT(E) Vs M/s Modern School