AMIT SINGH,BHIWADI (ALWAR) vs. DCIT, CPC- BENGALURU, CPC- BENGALURU

In the result, the appeal of the assessees is allowed

disallowance can be made under section 43B, specifically excludes extension of such scope to employee's contribution governed by section 36(1)(va) - Held, yes [Para 19] [In favour of revenue]" 6.6 The head note of decision of ITAT , Delhi in case of Eagle .Trans Shipping & Logistics (India) ) Ltd. [2019] 109 taxmann.com 426 (Delhi - Trib.) is as under: "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 under Section 14A is not in accordance with the provisions of section14A/Rule 8D. Hon’ble Karnataka High Court in the case of PCIT, Bangalore vs. Subramanya Constructions & Development Co. Ltd. [2021] 130 taxmann.com 115

MODERN MASTI PVT, LTD.,JAIPUR vs. ACIT, CR-1, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: The Due Date Of Filing Of The Return During The Year.

115/- deposited before the due date of filing of the return during the year. 2. That the order passed by the ld. AO is bade in law as well as on facts 3.1 Thus, the only issue arises in this appeal of the assessee is regarding disallowance of employee’s contribution of PF and ESI deposited belatedly but before

M/S MAHALAXMI SAWS PRIVATE LTD.,JAIPUR vs. DCIT CPC, BANGALORE

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

section 36(1)(va) of the Act is called for when the amounts are deposited before filing the return of income. Similar view has also been taken by the Hon’ble Punjab & Haryana High Court in the case of CIT vs. Hemla Embroidery Mills (P) Ltd (supra) and Indian Geotechnical Services (supra). As far as the applicability of amendment made

SULTAN SINGH YADAV,KOTPUTLI, JAIPUR vs. THE DCIT, CPC, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Us.

115/- towards employee’s contribution towards ESI and PF. On appeal, the ld. CIT(A), NFAC has confirmed the disallowance made U/s 143(1) on account of assessee’s failure to pay the employee’s contribution of PF/ESI within the prescribed due dates as per Section

VYONA LOGISTICS PVT LTD,JAIPUR vs. INCOME TAX OFFICER WARD 4(2), JAIPUR, JAIPUR

In the result, both appeals of the assessees are allowed

115 taxmann.com 340 (Gujarat)[11.02.2020] "Income Tax : Where assessee had not deposited employees' contributions towards PF and ESI amounting Rs. 15.20 lakhs within prescribed period in law and Assessing Officer by invoking provisions of section 36(1)(va) read with section 2(24)(x) made addition of aforesaid amount to income of assessee, impugned addition made to income of assessee

ALFAMAX PACKAGING SOLUTIONS PRIVATE LIMITED,JAIPUR vs. ACIT/DCIT CIR-6, JPR, JAIPUR

In the result, both appeals of the assessees are allowed

115 taxmann.com 340 (Gujarat)[11.02.2020] "Income Tax : Where assessee had not deposited employees' contributions towards PF and ESI amounting Rs. 15.20 lakhs within prescribed period in law and Assessing Officer by invoking provisions of section 36(1)(va) read with section 2(24)(x) made addition of aforesaid amount to income of assessee, impugned addition made to income of assessee

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)

115 BBA of the Act starts applying and tax is paid at lower rate of 22%. The provisions of section 115BAA of the Act are herein below: Tax on income of certain domestic companies. 115BAA.(1) Notwithstanding anything contained in this Act but subject to the provisions of this Chapter, other than those mentioned under section 115BA and section 115BAB

KATRATHAL GRAM SEWA SAHKARI SAMITI LIMITED ,KATRATHAL vs. ITO WARD 1 SIKAR, SIKAR

115 CCH 0026 KolHCReassessment—\r\nReopening of assessment—Assessee filed return of income declaring a total\r\nincome of Rs. NIL—Return was processed under Section 143 (1—A survey was\r\nconducted from which it was found that assessee has deposited money with\r\nNIL—It was further seen that said company is a specified person of assessee

SH. NAWAL KISHORE DANGAYACH,A-34-A, RAM NAGAR, SHASTRI NAGAR, JAIPUR vs. ACIT, CIRCLE-4, , JAIPUR

In the result, appeal of the assessee is partly allowed

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

disallowance by invoking s. 14A r/w rule 81. 2. The Ld. CIT(A) has relied on the explanation inserted by Finance Act, 2022 with effect from 01.04.2022 to hold that it has retrospective application. Hon'ble Delhi High Court in case of PCIT Vs. Oil Industry Development Board (2022) 115 CCH 245 has held that Explanation inserted with effect from

DCIT, JAIPUR vs. RAJASTHAN FINANCIAL CORPORATION, JAIPUR

In the result, the appeal of the revenue is dismissed

Bench: The Hearing.”

disallowance made by the Assessing Officer on account of bad debts but appellant challenged the action of Assessing Officer for application of provision of section 115JB in appeal. In appeal no. 5 Rajasthan Financial Corporation 610/14-15 dated 30.09.2016, CIT(A) has decided this issue in favour of assessee. Against this, department prefer appeal before Hon'ble ITAT, Jaipur

M/S ETERNAL HEART CARE CENTRE & RESEARCH INSTITUTE PVT. LTD. ,3A, JAGATPURA ROAD, NEAR JAWAHAR CIRCLE, JAIPUR vs. PCIT, JAIPUR-2, JAIPUR

In the result, appeal filed by the assessee is allowed

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

disallowing any expenditure incurred in relation to the said income. Thus, section 14A 7 M/S. ENTERNAL HEART CARE CENTRE & RESEARCH INSTITUTE PVT. LTD VS PR. CIT, JAIPIR 2 would not apply if no exempt income was received or receivable during the relevant previous year. PCIT Vs. Oil Industry Development Board (2022) 115

AU SMALL FINANCE BANK LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAIPUR-1

In the result both the appeals filed by the assessee in ITA

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

disallowance for the year under consideration. 4.1 She further observed that under the provisions of section 115 JB of the Act, provisions

AMBA TECH ENGINEERING,BHIWADI vs. ITO, WARD-1(2)ADIT - CPC, ALWAR

In the result, all the three appeals of the assessee in ITA No

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

section 36(1)(va) and sec. 43B by the Finance Act, 2021 are retrospective in nature. 7. On the facts and in the circumstances of the case and in law the Id. AO as well as the Id. CIT(A) erred in disallowing the amount of delayed contribution to PF and ESI in respect of employees contribution as income

MAGENDRA SINGH RATHORE,ALWAR vs. ACIT CENTRAL CIRCLE-2, JAIPUR

115 ITR 519 (SC) Hon'ble Supreme Court has\nheld that:\n“what section 57(iii) requires is that the expenditure must be laid\nout or expended wholly and exclusively for the purpose of\nmaking or earning income. It is the purpose of expenditure that\nis relevant in determining the applicability of section 57(iii) and\nthat purpose must

ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR vs. JITENDRA KUMAR AGARWAL, JAIPUR

In the result, the appeals filed by the Revenue are dismissed

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

115]C been reduced by the amount of income in respect of which particulars have been concealed or inaccurate particulars have been furnished: Provided that where the amount of income in respect of which particulars have been concealed or inaccurate particulars have been furnished on any issue is considered both under the provisions contained in section 11518 or section 1151C

ASSISTANT COMMISSIONER OF INCOME TA , JAIPUR vs. SHRI NATH CORPORATION, JAIPUR

In the result, the appeals filed by the Revenue are dismissed

115]C been reduced by the amount of income in respect of which particulars have been concealed or inaccurate particulars have been furnished:\nProvided that where the amount of income in respect of which particulars have been concealed or inaccurate particulars have been furnished on any issue is considered both under the provisions contained in section 11518 or section 1151C

ASSISTANT COMMISSIONER OF INCOME-TAX, JAIPUR vs. ROYAL JEWELLERS, JAIPUR

In the result, the appeals filed by the Revenue are dismissed

115]C been reduced by\nthe amount of income in respect of which particulars have been concealed or\ninaccurate particulars have been furnished:\nProvided that where the amount of income in respect of which particulars have\nbeen concealed or inaccurate particulars have been furnished on any issue is\nconsidered both under the provisions contained in section 11518 or section 1151C