DEPUTY COMMISSIONER OF INCOME TAX, ALWAR vs. ASHOK SHARMA, REWARI

In the result, the appeal of the revenue stand dismissed

Section 34 which is only the interest received for delay\nin making the payment after the compensation amount is\ndetermined. Thus, the interest u/s 28 is a part of the value of the\nland.\n6. The it. CIT (A) held that the interest received u/s 28 of the\nLand Acquisition Act, 1894 is not exempt under

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

disallowance of Sh. Hari Prakash Gupta vs. ITO Rs.5,26,000/- confirmed by the Ld. CIT(A) is against the provisions of the Act and the same be deleted. 7. The ld. AR of the assessee in addition to the above written submission so filed vehemently argued that it is not disputed by the revenue that the case was reopened

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

10) When on the basis of the record it is not disputed that the requirements of further proviso were fulfilled, the assessee was not required to make any deduction at source on the payments made to the sub-contractors. If that be our conclusion, application of section 40(a)(ia) would not arise since, as already noticed, section

ASSOCIATED SOAPSTONE DISTRIBUTING CO PRIVATE LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -2, JAIPUR, JAIPUR

10,00,82,481 x 5,80,25,377/ 331,64,63,555).\nThe disallowance as per Rule 8D(2)(ii) is worked out to Rs.\n5,80,253 (being 1% of average investment of Rs. 5,80,25,377).\nHowever, neither the company has offered any such\ndisallowance suo moto nor the FAO has made any disallowance\nu/s

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

disallowance of\nRs.5,26,000/- confirmed by the Ld. CIT(A) is against the provisions of the Act and\nthe same be deleted.\n7.\nThe Id. AR of the assessee in addition to the above written\nsubmission so filed vehemently argued that it is not disputed by the revenue\nthat the case was reopened by ITO, Ward 4(1), Chandigarh

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

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)

disallowance under section 14A of the Act. 3. Necessary cost be awarded to the assessee. Ground No. 1 & 2 raised by the assessee are inter-connected and inter- related against the order passed under section 263 of the IT Act, 1961 and thereby directing the AO to make addition of Rs. 66,30,268/- under section

JODHPUR DEVELOPMENT AUTHORITY,JODHPUR vs. DCIT (EXEMPTION), JAIPUR

In the result, the appeal in ITA no

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

Section 10(20) as amended by Finance Act 2002. 1.22. In view of the aforesaid facts and submissions, it is very humbly prayed that the claim of the appellant for grant of exemption u/s 10(20) may kindly be accepted for all the years under consideration. 1.23. The appellant has spent for development activities in accordance with provisions

JODHPUR DEVELOPMENT AUTHORITY,JODHPUR vs. DCIT (EXEMPTION), JAIPUR

In the result, the appeal in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 665 & 666/JPR/2023 fu/kZkj.ko"kZ@Assessment Years : 2009-10 & 2013-14 Jodhpur Development Authority 1, Opposite Railway Hospital, JDA Circle, Jodhpur. cuke Vs. Deputy Commissioner of Income Tax, Exemption, Jodhpur. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALJ 0478 P vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby : Shri Amit Kothari (C.A.) jktLo dh vksjls@Revenue by:

Section 10(20) as amended by Finance Act 2002. 1.22. In view of the aforesaid facts and submissions, it is very humbly prayed that the claim of the appellant for grant of exemption u/s 10(20) may kindly be accepted for all the years under consideration. 1.23. The appellant has spent for development activities in accordance with provisions

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.

34 ITA 1361 & 1362/JP/2018 & 357/JP/2019_ DCIT(E) Vs M/s Modern School Society 24. The payment to Ambience Land Developers India Pvt. Ltd.:- The ld. CIT(E) noted that the assessee initially paid an advance of Rs. 1.5 Crores to the developer for purchase two flats however, finally the assessee purchase only one flat of Rs. 92,05,000/-, therefore

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.

34 ITA 1361 & 1362/JP/2018 & 357/JP/2019_ DCIT(E) Vs M/s Modern School Society 24. The payment to Ambience Land Developers India Pvt. Ltd.:- The ld. CIT(E) noted that the assessee initially paid an advance of Rs. 1.5 Crores to the developer for purchase two flats however, finally the assessee purchase only one flat of Rs. 92,05,000/-, therefore

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.

34 ITA 1361 & 1362/JP/2018 & 357/JP/2019_ DCIT(E) Vs M/s Modern School Society 24. The payment to Ambience Land Developers India Pvt. Ltd.:- The ld. CIT(E) noted that the assessee initially paid an advance of Rs. 1.5 Crores to the developer for purchase two flats however, finally the assessee purchase only one flat of Rs. 92,05,000/-, therefore

M/S. ALOKIK STEELS PVT. LTD VILLAGE POST-PATAN, TEHSIL-KISHANGARH, DISTRICT-AJMER,KISHANGARH vs. PRINCIPAL COMMISSIONER OF INCOME TAX-II, JAIPUR, JAIPUR

In the result, appeal of the assessee is partly allowed in light of aforesaid directions

disallowed by the ld. Pr. CIT. In support, the reliance was placed on Jaipur Bench decision in case of Navjeevan Trade & Commodities Pvt. Ltd. vs. ITO (2018) 8 TMI 665. 9. It was further submitted that the GP ratio was rightly disclosed by the assessee and entire turnover could not have been added by the Assessing Officer and in support

CENTRE FOR DEVELOPMENT COMMUNICATION TRUST,JAIPUR vs. COMMISSIONER OF INCOME TAX EXEMPTION, JAIPUR

section 11 & 12 of the Act. The\nregistration of the trust was again granted to the trust under new regime vide\nregistration dated 23.09.2021 (APB-88-90), that registration being in new law. The\nsubsequent observation on business activities and benefit to the specified person\nalso covered under the new law which does not warrant the rejection of the\nregistration

MAYUR GLOBAL PRIVATE LIMITED ,JAIPUR vs. ITO WARD 1(3), JAIPUR , JAIPUR

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

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

34) & 10(38) of IT Act, 1961. We request you to please appreciate the fact if disallowance u/s 14A is made then assessee is entitled to claim benefit of Exempted Incomes." The Assessing Officer while rejecting the petition u/s 154 has stated as under: "On verification of assessment record it is found that assessee has not claimed above exemption

OCEAN EXIM INDIA PRIVATE LTD,JAIPUR vs. ITO WARD 1(2), JAIPUR

In the result, the appeal of the assessee is dismissed

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

10 Ocean Exim India Pvt. Ltd. vs. ITO veracity of the return is checked threadbare rather than considering mere apparent inconsistencies from the return. The power under sub-section (1) of section 143 is summary in nature designed to cause adjustments which are apparent from the return while that under sub-sections (2) and (3) is to scrutinize the return

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)

34,95,585/-: Disallowance of alleged unverifiable salary expenses. Aggrieved from the above order, the assessee filed appeal before ld. CIT(A)/NFAC on 11.01.2019 which was unfortunately dismissed vide order dt. 19.10.2022. 16 Ahluwalia Erectors & Febricators Pvt. Ltd., vs. ACIT Against the above order, the assessee filed this appeal. GOA-1: General Ground. GOA-2: Rs.5,32,219/-: Disallowance

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

34, but truthfulness, thereof, was not proved by any independent\nevidence.\n3.2.\nIn Common Causes v. UOI [2017] 394 ITR 220 (SC), it was held that Entries in\nloose papers/ sheets are irrelevant and inadmissible as evidence. Such loose papers\nare not “books of account” and the entries therein are not sufficient to charge a\nperson with liability. Even