M/S. JAIPUR ZILA DUGDH UTPADAK SAHAKARI SANGH LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR

In the result, both the appeal of the assessee and the Revenue are disposed off with above directions

disallowed the claim u/s 80P(2)(d) to that extent. 7. In this regard, it was submitted that assessee has not incurred any interest expenditure in earning the interest income on FDR with Jaipur Central Co-operative Bank. This is because assessee has interest free funds by way of share capital and accumulated profit of Ms Jaipur Zila Dugdh Utpadak

M/S. AJMER ZILA DUGDH UTPADAK SAHAKARI SANGH LTD.,AJMER vs. PR.CIT, AJMER

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

d) is bad in law. 2 Ajmer Zila Dugdh Utpadak Sahkari Sangh Ltd, Ajmer Vs. Pr. CIT, Ajmer 4. Considering the society as covered by provision of section 80(P)(4) is also bad in law. 5. Considering payment of bonus Rs. 13,00,000/- u/sec. 43B for disallowances

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)

13 Shri Keshoraipatan Sahkari Sugar Mills Ltd., Kota vs. PCIT 2.3 Selection of the case under CASS: Moreover, the very fact of selection of the case under CASS on the ground of deduction claimed u/s 80P(2)(d) followed by the issuance of the notices u/s 143(2), 142(1) along with questionnaire to the assessee. The AO raised very

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 to the assessee. ‘’2.2 Submission of Appellant:- The provision of Section 13(1)(d) of the Income Tax Act, 1961 is reproduced as under:- (d) in the case of a trust for charitable or religious purposes or a charitable or religious institution, any income thereof, if for any period during the previous year— (i) any funds of the trust

DCIT, JAIPUR vs. RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD, JAIPUR

In the result the appeal of the revenue in ITA No

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

d) of Section 80P(2). In view of above, Ld. CIT(A) has rightly deleted the addition and thus the ground of the department be dismissed.” Rajasthan Cooperative Dairy Federation Ltd. The ld. AR of the assessee in support of disallowance for ESI & PF also 9. filed additional written submission and same is reiterated in here in below: Further Submission

DCIT, JAIPUR vs. RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD, JAIPUR

In the result the appeal of the revenue in ITA No

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

d) of Section 80P(2). In view of above, Ld. CIT(A) has rightly deleted the addition and thus the ground of the department be dismissed.” Rajasthan Cooperative Dairy Federation Ltd. The ld. AR of the assessee in support of disallowance for ESI & PF also 9. filed additional written submission and same is reiterated in here in below: Further Submission

DCIT, JAIPUR vs. RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD, JAIPUR

In the result the appeal of the revenue in ITA No

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

d) of Section 80P(2). In view of above, Ld. CIT(A) has rightly deleted the addition and thus the ground of the department be dismissed.” Rajasthan Cooperative Dairy Federation Ltd. The ld. AR of the assessee in support of disallowance for ESI & PF also 9. filed additional written submission and same is reiterated in here in below: Further Submission

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

SHIKSHA VIBHAG KARMACHARIGAN SAHAKARI SAMITI LIMITED,KOTA vs. INCOME TAX OFFICER, KOTA

In the result, all the appeals of the assessee are allowed

13-14 & 14-15. cuke Shiksha Vibhag Karmacharigan The Income Tax Officer, Vs. Sahakari Samiti Ltd., Ward 2(3), Near ING School, Shripura, Kota. Kota. LFkk;h ys[kk la-@thvkbZvkj la-@PAN No. AACAS 3060 P vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri S.R. Sharma (CA) & Shri R.K. Bhatra (CA) jktLo dh vksj

SHIKSHA VIBHAG KARMACHARIGAN SAHAKARI SAMITI LIMITED,KOTA vs. ITO, KOTA

In the result, all the appeals of the assessee are allowed

13-14 & 14-15. cuke Shiksha Vibhag Karmacharigan The Income Tax Officer, Vs. Sahakari Samiti Ltd., Ward 2(3), Near ING School, Shripura, Kota. Kota. LFkk;h ys[kk la-@thvkbZvkj la-@PAN No. AACAS 3060 P vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri S.R. Sharma (CA) & Shri R.K. Bhatra (CA) jktLo dh vksj

ASSISTANT COMMISSIONER OF INCOME TAX,EXEMPTIONS,CIRCLE,JAIPUR, JAIPUR vs. GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY, JAIPUR RAJASTHAN

In the results the appeal of the revenue stands dismissed

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

disallowing the exemption u/s 11 of the Income Tax Act, 1961 claimed by the assessee .The assessee has not violated any condition laid down in provisions of section 13 of the Income Tax Act, 1961. The provisions of section 13 are quoted below- Section 11 not to apply in certain cases. Section 13. (1) Nothing contained in section

THE AJMER COOPERATIVE THRIFT AND SAVING SOCIETY LIMITED AJMER,AJMER vs. CIT(A), NFAC, AJMER

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

disallowed the deduction claimed under section 80P(2)(a)(i) whereas on the contrary the assessee claimed that the business of the appellant society is to provide credit facility to its members and accepts the deposits from its members only to develop the habits of saving amongst themselves. The ld. A/R of the assessee has also argued that the surplus

ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS, CIRCLE, JAIPUR, JAIPUR RAJASTHAN vs. NAVRATAN VIDHA MANDIR SHIKSHA SAMITI, JAIPUR RAJASTHAN

In the result appeal filed by the Department is dismissed and the C

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

2) of the Act and the advance given is also not investment/deposits referred to u/s 11(5) and thus there is no violation of section 11(5) r.w.s. 13(1)(d) of the Act. 5. The decisions relied by the AO are not applicable to the facts of the case as discussed here under:- CIT V/s. Sri.M.Visveswaraya Educational Trust (Karn

RESERVE BANK COOPERATIVE SOCIETY LTD.,JAIPUR vs. ITO, WARD-6(2), JAIPUR, JAIPUR

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

Bench: Sh. Sandep Gosain & Dr. M. L. Meena

disallowing claim of deduction u / s 80P(2)(a)(i) as well as under section 80P(2)(d) have been discussed at Para 4 to 4.1 above. It is an undisputed fact that during the year under consideration, the appellant had earned interest income of Rs. from FDRs with the 5,17,43,725/- DEPARTMEN Rajasthan State Co-operative Bank

THE JEWELLERS ASSOCIATION,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, JAIPUR

In the result, the appeal of the assessee is allowed

Section 13 (8) are inapplicable. Accordingly the ground Nos. 1 and 2 of the assessee are allowed. 3.1 The ground No 3 of the assessee is regarding life membership fees/ corpus donation which are in the nature of capital receipt and not chargeable to tax. This issue has been decided by the ld. CIT(A) by observing as under

SCHOLARS EDUCATION TRUST OF INDIA,JAIPUR vs. CIT EXEMPTION, JAIPUR , JAIPUR

In the result, appeal of the assessee is allowed

d), 13(1)(c), 13(2) and 13(3),\nit will reveal that the status of the Institution cannot be changed from 'charitable' to\n'non charitable' Institution if a minor violation is there. Sub-clause (3) of Section 13\nwould provide that if undue benefit is being provided to any Institution or individual\nbecause of its proximity with

M/S. RAJDHANI CRAFTS,JAIPUR vs. ACIT, CIRCLE-4 JAIPUR

In the result, this appeal of the assessee is allowed

disallowance of deduction U/s 10B of the Act. The assessee files its return on income in 5 ITA 1281/JP/2019 M/s Rajdhani Crafts Vs ACIT response to notice issued U/s 148 of the Act declaring NIL income which is duly recorded by the A.O. in para 2 of the assessment order. The A.O. further stated that in response to notice

INCOME TAX OFFICER, WARD-2(2), KOTA , RAWATBHATA ROAD vs. HITKARI VIDYALAYA SHAKARI SHIKSHA SAMITI LIMITED, BHATAPARA, KOTA

13 of the order of the Hon'ble High court of Karnataka in\nthe case of PCIT Hubbaali V/s Totagars Co-operative Sales Society [2017] 83\ntaxmann.com 140 (Karnataka) dated June 16, 2017.\nIn this way the judgement of the Hon'ble Apex Court support the stand of the\nrevenue on this issue.\n3.4 Section