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)(d) of the Act, tax shall be levied on the relevant income or a part of the relevant income at the maximum marginal rate. The said analogy is applicable to the facts of the present case”. CIT Vs. Orpat Charitable Trust (2015) 230 Taxman 66 (Guj.) (HC) 9 JAIPUR ENGINEERING COLLEGE JAIPUR RAJASTHAN SOCIETY VS CIT, CIRCLE

ACIT(EXEMPTION), JAIPUR vs. MAHIMA SHIKSHA SAMITI, JAIPUR

In the result, all the grounds taken by the Revenue are dismissed and ground taken by the assessee society is allowed

disallowance relating to salary, foreign travel and treating contribution to Jaipur National University as application of income. The assessee society is in appeal against the order of ld CIT(A) for not treating the allowance of depreciation as application of income. 4. The first question that arises in the present appeal is the entitlement of the assessee society to exemption

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

disallowed. We therefore find that both the provisions of section 195(1) as well as section 40(a)(i) of the Act talks about deduction of tax at source where the sum is chargeable under the Act. 13. As per provisions of Section 5(2) of the Act, the total income of non- resident includes all income from whatsoever source

GETTWELL HEALTH & EDUCATION SAMITI,BHARATPUR vs. CIT-EXEMPTION, JAIPUR

In the result, appeal of the assessee is allowed

disallowed, therefore, file explanation of the same. Therefore, an opportunity of being heard is given to file reply of this notice on 20/01/2018 at my office situated at 3rd Floor, Kailash Heights, Lal Kothi, Tonk Road, Jaipur.” ITA 638/JP/2018_ 7 Getwell Health & Education Samiti Vs CIT(E) As regards the income of M/s Getwell Medical Agency, we note that during

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)

disallowing the P.F. Expenses 10,135.00 8. That the Ld. A.O. grossly erred in making the addition on A/c of Building Fund Rs. 35,50,000.00 which has been transferred from, Income and Expenditure A/c being the amount invested in Building construction That the Ld. CIT(A) also erred in not considering the ground & Submission of Appellant. 9. That

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)

disallowed deductions u/s 11 and 12 on ground that there was violation of 21 ACIT (EXEMPTIONS), CIRCLE-JAIPUR VS NAVRATAN VIDHA MANDIR SHIKSHA SAMITI provisions of Section 13 on account of interest free loans given to three societies.CIT(A) upheld findings of AO, However Tribunal held that two societies were registered u/s 12AA and were charitable societies engaged in providing

GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE, JAIPUR

In the result, appeal of the assessee is partly allowed

disallowances made by the Assessing Officer were deleted by the ld. CIT(A) on the ground that the payment was not found to excessive or unreasonable having regard to the services rendered by those persons or fair market price of the services. Even the interest paid to the specified persons was considered by the ld. CIT(A) as reasonable

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

GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY,JAIPUR vs. DCIT-CIRCLE-EXEMPTION, JAIPUR

In the result the appeal of the revenue in ITA no

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

Disallowance of interest in relation Interest free advances to trustees. 9 GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY, JAIPUR VS DCIT-CIRCLE (EXEMPTION), JAIPUR Addition of Rs. 60,60,000/- was made by the AO on account of violation of section 13

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.

9,52,831/- M.A. Secretary/Principal There is no dispute that these payments are not made first time during the year under consideration but are regular payments of salary to these persons from the financial years 2008-09 to 2012- 13. The Assessing Officer while completing the assessment u/s 143(3) never doubted or question these payments as excessive or unreasonable

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.

9,52,831/- M.A. Secretary/Principal There is no dispute that these payments are not made first time during the year under consideration but are regular payments of salary to these persons from the financial years 2008-09 to 2012- 13. The Assessing Officer while completing the assessment u/s 143(3) never doubted or question these payments as excessive or unreasonable

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.

9,52,831/- M.A. Secretary/Principal There is no dispute that these payments are not made first time during the year under consideration but are regular payments of salary to these persons from the financial years 2008-09 to 2012- 13. The Assessing Officer while completing the assessment u/s 143(3) never doubted or question these payments as excessive or unreasonable

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

In the result, appeal of the revenue is dismissed

13% p.a. on rupee funds borrowed from various persons. The AO found 9% p.a. to be fair and reasonable as interest on funds were utilized by the assessee for the purpose of making investments in mutual fund units. The AO calculated interest at 9% p.a. amounting to Rs. 90,14,794/- which was disallowed as the assessee cannot be said

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

In the result, appeal of the revenue is dismissed

13% p.a. on rupee funds borrowed from various persons. The AO found 9% p.a. to be fair and reasonable as interest on funds were utilized by the assessee for the purpose of making investments in mutual fund units. The AO calculated interest at 9% p.a. amounting to Rs. 90,14,794/- which was disallowed as the assessee cannot be said

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

13% p.a. on rupee funds borrowed from various persons. The AO found 9% p.a. to be fair and reasonable as interest on funds were utilized by the assessee for the purpose of making investments in mutual fund units. The AO calculated interest at 9% p.a. amounting to Rs. 90,14,794/- which was disallowed as the assessee cannot be said

ICON FOUNDATION,JAIPUR vs. CIT EXEMPTION, JAIPUR

In the result, both the appeals of the assessee are allowed for\nstatistical purposes

disallowed only on basis that\nagreement entered into by assessee with its sister concern benefited said concern in\nviolation of section 13(1) - Held, yes [Para 28] [In favour of assessee]\nThe above order was challenged by Principal Commissioner of Income Tax before the\nHon'ble High Court of Bombay [2019] 104 taxmann.com 167 (Bombay) where the\nhon'ble court

ICON FOUNDATION,JAIPUR vs. CIT EXEMPTION, JAIPUR

In the result, both the appeals of the assessee are allowed for\nstatistical purposes

disallowed only on basis that\nagreement entered into by assessee with its sister concern benefited said concern in\nviolation of section 13(1) - Held, yes [Para 28] [In favour of assessee]\nThe above order was challenged by Principal Commissioner of Income Tax before the\nHon'ble High Court of Bombay [2019] 104 taxmann.com 167 (Bombay) where the\nhon'ble court

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

In the result, appeal of the assessee is allowed

9. We have duly considered the rival contentions and gone through the record\ncarefully. The basic issue is, whether surplus funds of a charitable institution can be\nused for the purpose of other than objectives of the Trust. We are of the view that\nsurplus funds of a charitable Institution who enjoys benefit of Section 11 and12, are\nnot akin

DCIT, C-4, JAIPUR vs. M/S. JLC ELECTROMET PVT. LTD., JAIPUR

In the result, the appeal of the Department is dismissed

disallowance at all was made u/s 40(a)(ia) in those years and also even in 2013 14 when the disallowance was made u/s 195, the AO did not term such commission payment as fees for technical services. Thus, there being no special reason and without bringing any change in facts & circumstances, the AO wrongly considered such commission payment