DCIT, JAIPUR vs. JADAU JEWELLERS & MFG (P) LTD., JAIPUR

In the result, the appeals filed by the assessee are partly allowed and that of the Revenue are dismissed

section 145(3) of I.T. Act. Further, the fact remains that the assessee itself has disallowed Rs. 4,81,614/- u/s 40(a)(ia) in the return filed u/s 153A (copy of computation is at PB page 77). Thus, the disallowance to the extent of Rs. 4,81,614/- cannot be deleted. Therefore in view of the above facts

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

disallowance under section 40(a)(ia) read with section 194C of the Act. IN this regard, he placed reliance on the judgement of ITAT Kolkata in the case of Soma Rani Ghosh Vs DCIT Kolkata, ITA No. 1420/KOL/2015. Once the conditions of Section 194C(6) is satisfied, the liability to deduct the TDS would cease and accordingly, application of section

SUBHASH PARETA,KOTA vs. ACIT, KOTA

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

section 29 of the Act and is thus not vitiated by estimation of net profit. A detailed discussion in this regard is contained in subsequent paragraphs in relation to addition u/s 40A(3) and 69C of the Act and the same should be read alongwith the present findings. Hence, we confirm the order

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)

disallowance before initiation of the reassessment proceedings for this assessment year. Thus, the appellant asserts that the matter was covered in the appeal, precluding the AO from exercising jurisdiction under section 147 read with 148 of the Act. In this circumstance, the AO should have followed the decision of the Hon'ble Tribunal. In this context, it is important

M/S SKYWAYS TOWNSHIP PVT. LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-4-2, JAIPUR

In the result, the ground of the assessee's appeal is allowed

disallowance of Rs. 42,00,000/- U/s 40A(3) of the Act.” 3 ITA No. 250/JP/2019 & 2 Ors. M/s Skyways Township Pvt. Ltd. Vs DCIT Grounds of ITA No. 251/JP/2019 A.Y. 2015-16. “ 1. On the facts & circumstances of the case Ld. Lower Authorities grossly erred in making and confirming addition

SMT. MANJU GUPTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, JAIPUR

In the result, the ground of the assessee's appeal is allowed

disallowance of Rs. 42,00,000/- U/s 40A(3) of the Act.” 3 ITA No. 250/JP/2019 & 2 Ors. M/s Skyways Township Pvt. Ltd. Vs DCIT Grounds of ITA No. 251/JP/2019 A.Y. 2015-16. “ 1. On the facts & circumstances of the case Ld. Lower Authorities grossly erred in making and confirming addition

M/S SKYWAYS TOWNSHIP PVT LTD. 1/2 LIC FLATS, VIDYADHAR NAGAR, SECTOR-6, JAIPUR,JAIPUR vs. DCIT CIRCLE-4, JAIPUR, JAIPUR

In the result, the ground of the assessee's appeal is allowed

disallowance of Rs. 42,00,000/- U/s 40A(3) of the Act.” 3 ITA No. 250/JP/2019 & 2 Ors. M/s Skyways Township Pvt. Ltd. Vs DCIT Grounds of ITA No. 251/JP/2019 A.Y. 2015-16. “ 1. On the facts & circumstances of the case Ld. Lower Authorities grossly erred in making and confirming addition

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

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

section 12AA as a charitable entity undertaking educational activity and thus qualify as an eligible entity for receiving contributions from the assessee society. The contribution of Rs 3,86,84,912 is made by the assessee society out of income generated during the year under consideration as apparent from the return of income and computation of income available

RAMAKANT SHARMA,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 264/Jp/2017 Assessment Year: 2007-08 Shri Ramakant Sharma, Cuke I.T.O., Vs. S/O- Shri Ramesh Chand Sharma, 1 Ward-3(5), Vimal Kunaj, Vidyut Nagar, Behind Jaipur. Bharat Petrol Pump, Jaipur. Pan No.: Bjrps 5130 A Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Vedant Agarwal (Adv) & Shri Satish Gupta (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 26/11/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 07/12/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 05/12/2016 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. On The Facts & Circumstances Of The Case & In Law Also Ld. Lower Authorities Grossly Erred In Initiating Reassessment Proceedings U/S 147 Of The Act. 2. On The Facts & Circumstances Of The Case & In Law Also Ld. A.O. Grossly Erred In Resuming Jurisdiction Without Serving Notice U/S 148 On The Appellant Assessee As Notice Issued U/S 148 Was Not Served On The Appellant.

section 50C ignoring the fact that transfer was made vide sale agreement on dated 22.01.2006. 12. On the facts & circumstances of the case and law also ld. Ld. CIT (A) grossly erred in modifying the assessment order passed u/s 147/143(3) of the Act to the order passed u/s 147/144 of the Act without giving any opportunity for same

SHRI GOVIND NARAIN JOHARI,JAIPUR vs. DCIT, CENTRAL CIRCLE-3, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Although The Second Round Of Assessment Was Completed At The Directions Of Hon’Ble Itat.

disallowance of Rs. 16,02,991/- on account of interest paid for funds used in the WIP construction without any valid ground and hence needs to be deleted. 9. The assessee carves the right to add, delete, amend or abandon any ground of appeal before or during the course of hearing. The ld. A/R of the assessee has submitted that

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

disallowance made U/s 40(a)(ia) of the Act is deleted. 16.1 As regards the disallowance sustained by the ld. CIT(A), we find merits in the alternative plea of the ld AR that the amendment brought into the provisions of Section 40(a)(ia) of the Act by the Finance Act, 2015 has been held as remedial in nature

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR vs. ZUBERI ENGINEERING COMPANY, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

disallowance made U/s 40(a)(ia) of the Act is deleted. 16.1 As regards the disallowance sustained by the ld. CIT(A), we find merits in the alternative plea of the ld AR that the amendment brought into the provisions of Section 40(a)(ia) of the Act by the Finance Act, 2015 has been held as remedial in nature

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

disallowance made U/s 40(a)(ia) of the Act is deleted. 16.1 As regards the disallowance sustained by the ld. CIT(A), we find merits in the alternative plea of the ld AR that the amendment brought into the provisions of Section 40(a)(ia) of the Act by the Finance Act, 2015 has been held as remedial in nature

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DCIT, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

disallowance made U/s 40(a)(ia) of the Act is deleted. 16.1 As regards the disallowance sustained by the ld. CIT(A), we find merits in the alternative plea of the ld AR that the amendment brought into the provisions of Section 40(a)(ia) of the Act by the Finance Act, 2015 has been held as remedial in nature

AMIT COLONIZERS LIMITED,JAIPUR vs. ACIT, JAIPUR

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

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

disallowance is called for under section 40A(3) of the Act and the same is directed to be deleted. In the result, the ground of the assessee’s appeal is allowed. In the result, appeal of the assessee is allowed. On a similar issue there is a judgement of the Delhi Benches of the ITAT in ITA no. 2896/Del/2018

RADHEY SHYAM AGARWAL,JAIPUR vs. ITO, WARD 7(1), JAIPUR, JAIPUR

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

17-12-2021 & 21-12-2021 for the assessment years 2017-2018 & 2018-19. 2. The hearing of the appeal was concluded through audio- visual medium on account of Government guidelines on account of prevalent situation of Covid-19 Pandemic, both the parties have placed their written as well as oral arguments during this online hearing process. 3. Since

RUKMANI DEVI AGARWAL,JAIPUR vs. ITO, WARD 7(1), JAIPUR, JAIPUR

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

17-12-2021 & 21-12-2021 for the assessment years 2017-2018 & 2018-19. 2. The hearing of the appeal was concluded through audio- visual medium on account of Government guidelines on account of prevalent situation of Covid-19 Pandemic, both the parties have placed their written as well as oral arguments during this online hearing process. 3. Since