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)

1) of the Act; b. the accounts of the undertaking have to be audited by an Accountant as defined in the Act and c. the claim has to be made in the return of income for the relevant assessment year. 2.6 Your honour, there is no mention in the Act that the claim of deduction

RANIWALA JEWELLERS PRIVATE LIMITED,JAIPUR vs. ACIT/DCIT CIR-6,JPR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Gagan Goyal & Shri Narinder Kumar

1) of the Act along with the appeal order of the Ld. Addl. /JCIT (A) - 6, Mumbai. It is observed that the report of the Chartered Accountant as prescribed in section 80JJA of the Act r.w.r. 19AB of the Rules was uploaded in form no. 10DA on 17.10.2023, but the same was verified digitally on 21.12.2023 and the ITR itself

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)

disallowed the exemption to the appellant in the assessment order. 5.3 The learned Assessing Officer has observed that in this case it has been noticed that in the Audit Report furnished u/s 12A(b) in form no. 10B as per Rule 17B, the assessce has shown investment in shares of M/s Om Metal Infra Project

SETH RB MOONDHRA MEMORIAL CHARITABLE TRUST,BANI PARK ,JAIPUR vs. CIT EXEMPTION(1), JAIPUR

In the result the appeal of the assessee is allowed

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

section 11 (1)(a) (11)(b) as accumulated or set apart for application to charitable purposes to the extent it does not exceed 15 per cent of the income (page no. 2 point no. 9 of the Intimation u/s 143(1)). 1.2. The Ld. AO (CPC) Charged tax @30% instead of applicable tax u/s 2 of Finance

SHREE CEMENT LIMITED,BEAWAR vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

In the result, this appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

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

section (6) to provide that, with effect from 1-4-2012, the provisions of sub-section shall cease to have effect. Accordingly, a SEZ developer or any entrepreneur carrying on business in an SEZ unit (being a company) would be liable to pay MAT on the profits arising from the development of SEZ or the business carried

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)

sections (4) to (10) and as increased by the applicable surcharge, for the purposes of the Union, calculated in the manner provided therein, shall be further increased by an additional surcharge, for the purposes of the Union, to be called the “Health and Education Cess on income-tax”, calculated at the rate of four per cent of such income

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR ,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

disallowed the exemption on the ground that\nthe assessee has not filed its ROI u/s 139 and Audit report. The reason of not\nfiling of the same are that as the assessee is an educational institute solely exist\nfor education purpose admittedly, it is also fact that the trust receipts was below\nRs.1.00 crore, it is also facts assesee

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

disallowed the exemption on the ground that\nthe assessee has not filed its ROI u/s 139 and Audit report. The reason of not\nfiling of the same are that as the assessee is an educational institute solely exist\nfor education purpose admittedly, it is also fact that the trust receipts was below\nRs.1.00 crore, it is also facts assesee

RUDRAKSH PROFESSIONAL EDUCATION TRUST,JAIPUR vs. CIT(EXEMPTION), JAIPUR, JAIPUR

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

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

section (1) of maintainable application without valid provisional certificate. The action of the Id. CIT(E) shows that contradiction in its own action or order. 5 RUDRAKSH PROFESSIONAL EDUCATION TRUST VS CIT (E), JAIPUR Prayer: Therefore your honor is humbly prayed that the Id. CIT(E) may kindly be directed to grant the registration u/s 12A(1) (ac) (iii). Alternatively

JAIPUR ENGINEERING COLLEGE JAIPUR RAJASTHAN SOCIETY,JAIPUR vs. CIRCLE (EXEMPTION), JAIPUR, JAIPUR

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

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

section 13(1)(c) can be charged to tax at MMR but exemption u/s 11 cannot be denied in toto. 2. The Ld. CIT(A), NFAC has erred on facts and in law in confirming the disallowance of Rs. 28,51,300/- by holding that the following amount paid to persons specified u/s 13(3) is unreasonable and unjustified

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

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

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

1) dated 21/03/2022 (correct date is 21/02/2022) (PB Page 96-105), wherein detail of transaction executed by assessee company through broker M/s SMC Global Securities Limited were provided. 8. Sir, one fails to understand that how detail of transaction which in fact executed by assessee can held as supporting evidence for allegation without any material based on which

SANJEEV AGRAWAL,JAIPUR vs. DCIT, CENTRAL CIRCLE-4, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

disallowed if the assessee does not file Form 67 within the due dates prescribed under Section 139(1) of the ITA. It is submitted that there are many sections in the ITA which specifically denied deduction or exemption or relief in case the return is not filed within the prescribed time frame. Attention is drawn toward Section 80AC, Section 80IA

DEPUTY COMMISSIONER OF INCOME TAX,, CIRCLE-1, JAIPUR vs. PRAKASH CHANDRA MISHRA, JAIPUR

Appeal of the revenue is dismissed

section (1) of Sec.139 of the Act, then 100% of expenditure requires to be disallowed on which tax has of the 12 DCIT-Circle-1, Jaipur vs.Shri Prakash Chandra Mishra expenditure require not been deducted or after deduction has not been remitted. 10A. On perusal of the legislative intent behind the Equalisation Levy it is seen that it has been

INCOME TAX OFFICER (EXEMPTION), JAIPUR vs. M/S APOLLO ANIMAL MEDICAL GROUP TRUST, JAIPUR

In the result, the grounds of appeal taken by the Revenue are dismissed

disallowable as per provisions of Section 13(1) and to be added in the total income of the assessee. Thus, I have reason to believe that income of Rs. 1,58,99,324/- has escaped assessment and proceedings u/s 147 and 148 should be initiated.” 12. On perusal of the reasons so recorded by the Assessing officer, it is noted

ASSISSTANT COMMISSIONER OF INCOME TAX, AJMER vs. SHREE CEMENT LTD, BEAWAR

section 80IA(8) of the Act.\n30.10. Considering that TPO has disputed the Grid rate not to be\nthe market value in terms of provisions of Section 80A(6) of the\nAct, we would like to state here that that unlike Section 80IA(8),\nthe word \"OR\" is missing in provisions of Section 80A(6) of the\nAct

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

ASSISSTANT COMMISSIONER OF INCOME TAX, AJMER vs. SHREE CEMENT LTD, BEAWAR

Accordingly, the same is dismissed

10B(2) and 10B(3) of the Income Tax Rules, 1962.” 30.12. The ld. A/R of the assessee also submitted that the rates at which power is purchased by distribution companies from generation companies are the rates charged by generation companies to middlemen (i.e. B2B business models) which are governed by altogether different level of market and are therefore

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT ASSESSMENT CENTRE, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, AJMER, AJMER

1 relates to allowing the appeal of the assessee by deleting the disallowance of Rs. 90,55,18,397/- on account of deduction u/s 80IA in respect of captive power plant.\n71. The facts in brief are that the assessee is engaged in the business of manufacture and sale of cement and generation of power. The power undertakings