NIMBUS PIPES LIMITED,JAIPUR vs. ACIT CIRCLE-4, JAIPUR

In the result, the appeal of the assessee is dismissed

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

161 149 15-02-2019 310 20-03-2019 7 Fund Provident 15-03-2019 84,323 20-03-2019 8 13,784 70,539 Fund Provident 17,256 70,214 15-04-2018 87,470 15-04-2019 9 Fund

M/S READY ROTI INDIA PVT. LTD.,F-28, RIICO INDUSTRIAL AREA, SARE KHURD, ALWAR vs. ACIT/DCIT, CIRCLE-6, JAIPUR

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)

161/-and ESI amounting to Rs.4,34,636/- after the due date prescribed under the relevant Acts. Accordingly, the AO made addition of Rs.50,48,797/- u/s 36(1)(va) r.w.s. 2(24(x) of Income Tax Act. 2.2 In first appeal, the after considering the amendment made by Finance Act, 2021 and the decision of Hon’ble Supreme Court

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

AHLUWALIA ERECTORS & FABRICATORS PRIVATE LIMITED, KOTA,KOTA vs. DCIT/ACIT CIR-2, KOTA, KOTA

In the result the appeal of\nthe assessee in ITA no 199/JP/2025 is allowed for statistical purposes

section has been enacted to enforce that taxes and Government dues are\nactually paid when the same is claimed as expenditure, including in respect of\nassessee who maintain accounts on mercantile basis. The AO has disallowed\nthe amount by noting that Government dues have remained unpaid hence the\nsame was disallowed. On the other hand the appellant has applied

AHLUWALIA ERECTORS & FABRICATORS PRIVATE LIMITED, KOTA,KOTA vs. DCIT/ACIT CIR-2, KOTA

In the result the appeal of\nthe assessee in ITA no 199/JP/2025 is allowed for statistical purposes

section has been enacted to enforce that taxes and Government dues are\nactually paid when the same is claimed as expenditure, including in respect of\nassessee who maintain accounts on mercantile basis. The AO has disallowed\nthe amount by noting that Government dues have remained unpaid hence the\nsame was disallowed. On the other hand the appellant has applied

AHLUWALIA ERECTORS & FABRICATORS PRIVATE LIMITED,KOTA vs. DCIT/ACIT CIR-2, KOTA

In the result the appeal of\nthe assessee in ITA no 199/JP/2025 is allowed for statistical purposes

section has been enacted to enforce that taxes and Government dues are\nactually paid when the same is claimed as expenditure, including in respect of\nassessee who maintain accounts on mercantile basis. The AO has disallowed\nthe amount by noting that Government dues have remained unpaid hence the\nsame was disallowed. On the other hand the appellant has applied

RADHAKISHNA BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

161-164 NA Kumar Bose vs ITO [2024] 158 taxmann.com 282 (Calcutta) 10. Copy of decision of Mumbai Tribunal in the case of Sapphire 165-176 NA Land Development (P) Ltd vs DCIT [2023] 147 taxmann.com 50 (Mumbai - Trib.) 11. Remand report dated 16 August 2024 obtained by CIT(A) from 177-178 NA the AO 12. Rejoinder submission

RADHAKISHAN BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

161-164 NA Kumar Bose vs ITO [2024] 158 taxmann.com 282 (Calcutta) 10. Copy of decision of Mumbai Tribunal in the case of Sapphire 165-176 NA Land Development (P) Ltd vs DCIT [2023] 147 taxmann.com 50 (Mumbai - Trib.) 11. Remand report dated 16 August 2024 obtained by CIT(A) from 177-178 NA the AO 12. Rejoinder 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)

disallowance of donation of Rs. 40,00,000/- paid to Amma Chandrawati Educational & Charitable Trust on the ground that exemption u/s 11 is denied. 4. The Ld. CIT(A), NFAC has erred on facts and in law in neither allowing the capital expenditure and repayment of loan claimed as application of income of Rs. 62,31,505/- nor depreciation

RSD CONTAINERS PRIVATE LIMITED,JAIPUR vs. ITO, WARD 7(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

disallowed interest paid by the appellant to these companies and claimed as a business expenditure. This all shows that the ld. AO was having pre conceived notion for making addition in the income of the assessee. The way which he has followed 20 RSD Containers Pvt Ltd. vs ITO and confirmed by ld. CIT (A) is not valid

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

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

161 Taxman 316 (SC) and subsequently reiterated in Dy. CIT v. Zuari Estate Development & Investment Co. Ltd. [2015] 63 taxmann.com 177/[2016] 236 Taxman 1 (SC). 2.2 As per 2nd proviso to section 153A, assessment proceedings pending on the date of search shall abate. Further, in view of the provisions of section 153A(2), only the abated assessment proceedings could

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

161 Taxman 316 (SC) and subsequently reiterated in Dy. CIT v. Zuari Estate Development & Investment Co. Ltd. [2015] 63 taxmann.com 177/[2016] 236 Taxman 1 (SC). 2.2 As per 2nd proviso to section 153A, assessment proceedings pending on the date of search shall abate. Further, in view of the provisions of section 153A(2), only the abated assessment proceedings could

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

161 Taxman 316 (SC) and subsequently reiterated in Dy. CIT v. Zuari Estate Development & Investment Co. Ltd. [2015] 63 taxmann.com 177/[2016] 236 Taxman 1 (SC). 2.2 As per 2nd proviso to section 153A, assessment proceedings pending on the date of search shall abate. Further, in view of the provisions of section 153A(2), only the abated assessment proceedings could

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)

161 (ii) Harish Krishnakanta Bhatt (2004) 91 ITD 311 (iii) S.G. Investments and Industries Ltd. (2004) 89 ITD 44 (iv) Everplus Securities & Finance Ltd. (2006) 285 ITR (AT) 112 The AO thus held that all expenses connected with the exempt income have to be necessarily disallowed regardless of whether they are direct or indirect, fixed or variable and managerial

RAMDULARI BANSAL WELFARE SOCIETY,JAIPUR vs. CIT(E), JAIPUR, JAIPUR

In the result, appeal of the assessee society is dismissed

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyal

161 taxmann.com 511 (Mum. - Trib.) IPCA Laboratories Ltd. v. DCIT held as under: “It is noted that the Supreme Court in the case of Apex Laboratories (P.) Ltd. v. Dy. CIT [2022] 135 taxmann.com 286/286 Taxman 200/442 ITR 1 has held that incentives or freebies given to doctors was punishable as per the Circular issued by the Medical Council

RAMDULARI BANSAL WELFARE SOCIETY,JAIPUR vs. CIT(E), JAIPUR, JAIPUR

In the result, appeal of the assessee society is dismissed

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyal

161 taxmann.com 511 (Mum. - Trib.) IPCA Laboratories Ltd. v. DCIT held as under: “It is noted that the Supreme Court in the case of Apex Laboratories (P.) Ltd. v. Dy. CIT [2022] 135 taxmann.com 286/286 Taxman 200/442 ITR 1 has held that incentives or freebies given to doctors was punishable as per the Circular issued by the Medical Council

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

disallowance of section 10A benefit claimed in the covering letter of the return filed u/s 148 of the Income Tax Act. It is also well-settled on the anvil of Hon'ble Apex Court decision in SunEngineering Works (P) Ltd 's case (supra) that no fresh exemption/benefit can be claimed by the assessee in the course of reassessment proceedings

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA Nos.931 to 936/JP/2024 निर्धारण वर्ष / Assessment Years : 2012-13 & 2014-15 to 2018-19 Dheeraj Singh Sisodiya 005, (Nayagaun) Ram Ganmandi, Kota बनाम DCIT, Vill. Beedmandi Vs. Central Circle, Kota स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: APAPS 6392 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by : Sh. P. C. Parwal, CA राजस्व की ओर से / Revenue by : Mrs. Alka Gautam,

disallowance of section 10A benefit claimed in the covering letter of the return filed u/s 148 of the Income Tax Act. It is also well-settled on the anvil of Hon'ble Apex Court decision in SunEngineering Works (P) Ltd 's case (supra) that no fresh exemption/benefit can be claimed by the assessee in the course of reassessment proceedings