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

In the result, the appeal of the assessees is allowed

119 (Kerala) is as under: "Section 36(1)(va), read with sections 2(24)(x) and 43B,. of the Income-tax Act, 1961 - Employee's contributions (Section 36(1)(va) v. section 43B) 7 Assessment year 2010-11 - Whether section 36(1)(va) and section 43B(b) operate in different fields i.e. former takes care of employee's contribution

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)

b) of Explanation 2 to Section 263 of I. Tax Act. Against the applicability of section 14A the contention of the assessee was that addition u/s 14A cannot be made where the own capital and surplus of the assessee was i.e. share capital and reserves are much more than the investment which may result the exempted income

HOLIDAY TRIANGLE TRAVEL PRIVATE LIMITED,GURGAON vs. INCOME TAX OFFICER, JAIPUR

In the result, appeal of the assessee is allowed

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

disallowance vide his order dated 05.12.2023. 4. Aggrieved by the said order of the CIT(A), the assessee preferred appeal before us. At the time of hearing before us, the ld. A/R of the assessee has submitted his written submission as under :- “ The assessee, during the year had sold 1013 equity shares of the company, and had received share premium

SHRI KESHORAIPATAN SAHKARI SUGAR MILLS LIMITED,KOTA vs. PCIT, UDAIPUR

In the result, appeal of the assessee is allowed

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

disallowance of the assessee's claim for deduction under section 80P(2)(d) is vacated. Thus, this Ground of appeal is allowed in terms of the aforesaid observations. [Para 22] ii. Solitaire CHS Ltd. vs. Pr. CIT [IT Appeal No. 3155 (Mum.) of 2019, dated 29-11-2019]; (ITAT "G" Bench, Mumbai); iii. Kaliandas Udyog Bhavan Premises Co-Op. Society

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

B and such tax has not been deducted or, after deduction, has not been paid on or before the due date specified in sub- section(i) of Section 139". Section 194C/3): No deduction shall be made under sub-section (1) or sub- section(2) from (1) the amount of any sum credited or paid or likely to be credited

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

disallowing loss incurred by the assessee in transaction on stock exchange. Further, the addition of Rs. 2,19,763/- has been made invoking provisions of section 69C on the presumption that for alleged accommodation entry of loss such expenses ought to be incurred. 4. Aggrieved from the order of the assessing officer, assessee preferred an appeal before

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:

119 of the Act dated 06.09.2021 provided exclusions to section 144B of the Act. Thus, in view of the above background, pending assessment proceedings were taken further. A notice u/s 142(1) of the Act seeking details/justification/explanation was issued on 10.09.2021. This notice was sent through ITBA on the given e- mail Id in the latest ROI filed

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)

119 of the Act dated 06.09.2021 provided exclusions to section 144B of the Act. Thus, in view of the above background, pending assessment proceedings were taken further. A notice u/s 142(1) of the Act seeking details/justification/explanation was issued on 10.09.2021. This notice was sent through ITBA on the given e- mail Id in the latest ROI filed

M/S. PRIME OCEANIC PVT. LTD. GANDHI NAGAR, UPLA SONAVA, SCHEME NO.8, ALWAR,ALWAR vs. ITO WARD-2(3), ALWAR, ALWAR

In the result, the disallowance so made is directed to be deleted and the ground of appeal is allowed

119 of the Act, hereby clarified that for the purpose of making disallowance of ‘other sum chargeable’ u/s 40(a)(i) of the Act, the appropriate portion of the sum which is chargeable to tax under the Act shall form the basis of such disallowance and shall be the same as determined by the Assessing Officer having jurisdiction

M/S. RAMBHOJO'S,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

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

119 of the Act from 30th September, 2014 for the Assessment Year 2014-15 for all purposes of the Act. Accordingly, the AO levied the penalty @ 10% on the undisclosed income of Rs. 5,73,33,348/- U/s 271AAB(1)(a) of the Act. Regarding the additional income of Rs. 1,77,039/- disclosed in the ITR, the AO levied

SHIV VEGPRO PRIVATE LIMITED ,KOTA vs. PCIT-UDAIPUR , UDAIPUR

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

b) to Explanation 2 of Section 263 says\nabout “if the order is passed allowing anyrelief without inquiring into the\nclaim\". It reads as under:-\n(Amendment of section 263 w.e.f 01.06.2015).\nX\nX\nX\n7.2 In reaching such conclusion, I rely on the following judicial rulings:\n9.2 Submissions:\n9.3.1Even the amendment (Expl. 2(a)) does not confer blind powers

RAJASTHAN OPHTHALMOLOGICAL SOCIETY, JAIPUR,JAIPUR vs. ITO , JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. M.L. MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

b) the money so accumulated or set apart is invested or deposited in the forms or modes specified in sub-section (5); (c) the statement referred to in clause (a) is furnished on or before the due date specified under sub-section (1) of section 139 for furnishing the return of income for the previous year:” It can be clearly

RAJASTHAN TRANSMAT PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER ,WARD 7(2),, JAIPUR

In the result, the appeal of the assessee partly allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MEETHA LAL MEENA (Accountant Member)

119 (Mumbai- Trib) the Hon'ble ITAT MUMBAI BENCH 'G' in the case of Income-tax Officer 1(3)(2) v. General Traders (P) Ltd. vide IT APPEAL NO. 4197 (MUM) OF 2017 ASSESSMENT YEAR 2012-13 on FEBRUARY 24, 2020, wherein it was held as under- ‘’14. From the above decision of honourable jurisdictional High Court it is abundantly

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)

119; or (d) the order has not been passed in accordance with any decision which is prejudicial to the assessee, rendered by the jurisdictional High Court or Supreme Court in the case of the assessee or any other person. Explanation 3. (2) No order shall be made under sub-section (1) after the expiry of two years from

GILLETTE INDIA LIMITED,SPA-65A, INDUSTRIAL AREA, BHIWADI, DISTRICT- ALWAR vs. PCIT, JAIPUR-1, JAIPUR

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

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

2 inserted in section 263 by Finance Act, 2015, w.e.f. 01.06.2015, which has widened the powers of CIT to revise the already completed assessment. In the present case ld. PCIT has taken shelter of clause (a) and (b) of the same, which reads as under: Explanation 2.—For the purposes of this section, it is hereby declared that an order

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

In the result, appeal of the revenue is dismissed

b). 23. This ground of the Revenue is covered by the decision of the Coordinate Bench of the Tribunal in ITA Nos. 461 & 575/JP/2015 for the Assessmemt Year 2011-12 at page 12 para 31 as under :- “31. We have heard the rival contentions of both the parties and perused the material available on the record

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

b). 23. This ground of the Revenue is covered by the decision of the Coordinate Bench of the Tribunal in ITA Nos. 461 & 575/JP/2015 for the Assessmemt Year 2011-12 at page 12 para 31 as under :- “31. We have heard the rival contentions of both the parties and perused the material available on the record

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

In the result, appeal of the revenue is dismissed

b). 23. This ground of the Revenue is covered by the decision of the Coordinate Bench of the Tribunal in ITA Nos. 461 & 575/JP/2015 for the Assessmemt Year 2011-12 at page 12 para 31 as under :- “31. We have heard the rival contentions of both the parties and perused the material available on the record