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127 results for “disallowance”+ Section 171clear

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Key Topics

Section 271(1)(c)92Section 153A86Addition to Income74Section 143(3)72Disallowance43Section 14734Section 26328Penalty25Section 14821Section 68

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

ITA 330/JPR/2023[2018-19]Status: DisposedITAT Jaipur28 Aug 2023AY 2018-19

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri PC Parwal, CAFor Respondent: Shri Arvind Kumar (CIT)
Section 142(1)Section 143(2)Section 14ASection 263

disallowance under section 14A of the Act is misconceived and contrary to the evidences on record. 11 Girnar Software Pvt. Ltd., Jaipur. It is submitted that, where the AO has considered explanations and material submitted by the Appellant, it cannot be said that the AO has not applied his mind, so as to clothe the PCIT with necessary jurisdiction

Showing 1–20 of 127 · Page 1 of 7

20
Section 80I20
Natural Justice15

CAREER POINT LIMITED,KOTA, RAJASTHAN vs. PRINCIPAL COMMISSIONER OF INCOME TAX, UDAIPUR, RAJASTHAN

In the result, the appeal of the assessee is allowed

ITA 242/JPR/2023[2018-19]Status: DisposedITAT Jaipur22 Aug 2023AY 2018-19

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Vijay Goyal, CA &For Respondent: Shri Ajey Malik (CIT)
Section 143(2)Section 143(3)Section 14ASection 263

disallowance u.s. 14A of Income Tax Act,1961 should be made. This fact can be easily verifiable from the Balance Sheet available before ld FAO. Ld PCIT has not specifically pointed out any credible defects in that. The ld. AO satisfied himself about the genuineness of the 27 Career Point Limited, Kota. explanation of assessee. When the legislature has empowered

M/S TRIVENI QUALITY MINERALS PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER, WARD-6-3, JAIPUR

In the result, appeal of the assessee is allowed

ITA 531/JPR/2018[2013-14]Status: DisposedITAT Jaipur01 Aug 2018AY 2013-14
For Appellant: Ms. Suhani Mamodia (CA)For Respondent: Smt. Poonam Rai (DCIT)
Section 139(1)Section 143(2)Section 271(1)(c)Section 43B

171 Taxman 156 (Delhi) and submitted that once the assessee has disclosed all the relevant facts and details relating to the issue and books of accounts were accepted by the AO which were duly audited, then the disallowance made under section

AGRASEN ENGINEERING INDUSTRIES PRIVATE LIMITED,JAIPUR vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, the appeal of the assessee is allowed

ITA 1085/JPR/2024[2018-19]Status: DisposedITAT Jaipur08 Jan 2025AY 2018-19

Bench: Him.

For Appellant: Sh. Vijay Goyal, CAFor Respondent: Mrs. Anita Rinesh, JCIT-Sr. DR
Section 111ASection 115JSection 142(1)Section 143(2)Section 143(3)Section 14A

Section 14A is not justified.” The SLP filed against the said judgment has been dismissed by Hon’ble Supreme Court of India, in Principal Commissioner of Income Tax-IV, Ahmedabad V. Sintex Industries Ltd (2018) 93 taxmann.com 24 (SC). (vii) Emtici Engineering Ltd. Versus ACIT (OSD). Anand Circle, Anand 2016 (3) TMI 186 - ITAT Ahmedabad. “It was noted from records

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR vs. M/S. ANAMIKA CONDUCTORS LTD., JAIPUR

In the result, appeal of the Revenue is dismissed and cross objection of the assessee is allowed

ITA 612/JPR/2017[2012-13]Status: DisposedITAT Jaipur26 Oct 2017AY 2012-13
For Appellant: Shri G.M. Mehta (C.A.)For Respondent: Smt. A.S. Nehra (Addl.CIT)
Section 14ASection 201(1)Section 36(1)Section 40Section 43B

171/- was disallowed in terms of section 40(a)(ia) on which provisions of section 194A, 194J and 194C were

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. NARESH KUMAR GUPTA, SRIGANGANAGAR

In the results the appeal of the revenue stands dismissed and the

ITA 458/JPR/2024[2014-15]Status: DisposedITAT Jaipur28 Nov 2024AY 2014-15

Bench: Him The Order Passed Under Section 143(3) Of The Income Tax Act, [ For Short “Act” ] By The Acit, Circle, Sri Ganganagar [

For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Ms. Alka Gautam (CIT) (V.H.)
Section 143(3)Section 14ASection 36(1)(iii)

section 14A, made disallowance of Rs.Rs.2,87,229/-. The appellant has stated that the disallowance u/s 14A is attracted only when exempt income is earned. During the year the assessee has not earned any exempt income from these land or residential house and therefore no disallowance can be made u/s 14A. Reliance is placed on various cases including Supreme

VAIBHAV GLOBAL LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5, JAIPUR

In the result, the penalty is directed to be deleted and appeal of the assessee is allowed

ITA 730/JPR/2018[2009-10]Status: DisposedITAT Jaipur19 Dec 2018AY 2009-10
For Appellant: Shri Vijay Mehta (C.A.) &For Respondent: Smt. Roli Agarwal (CIT)
Section 143(3)Section 271(1)(c)Section 92C

171 taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing officer proposes to invoke the first limb being concealment, then Vaibhav Global Ltd. vs. ACIT the notice has to be appropriately marked. Similar

VAIBHAV GLOBAL LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5, JAIPUR

In the result, the penalty is directed to be deleted and appeal of the assessee is allowed

ITA 731/JPR/2018[2010-11]Status: DisposedITAT Jaipur19 Dec 2018AY 2010-11
For Appellant: Shri Vijay Mehta (C.A.) &For Respondent: Smt. Roli Agarwal (CIT)
Section 143(3)Section 271(1)(c)Section 92C

171 taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing officer proposes to invoke the first limb being concealment, then Vaibhav Global Ltd. vs. ACIT the notice has to be appropriately marked. Similar

M/S P. R. ROLLING MILLS P. LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, JAIPUR

In the result, appeal of the assessee is allowed

ITA 529/JPR/2018[2014-15]Status: DisposedITAT Jaipur05 Jul 2018AY 2014-15

Bench: The Itat By Taking Following

For Appellant: Shri Manish Agarwal (CA) &For Respondent: Smt. Seema Meena (JCIT-DR)
Section 35Section 35(1)Section 35(1)(ii)

171 (Exemption) on 27,10.2004. Registration u/s HOG was initially granted on 27.10.2004 was therefore also available to it since 12,10.2011 till withdrawn. Similarly, registration under section 10(230) had been granted on 27.2.2004, which had been renewed on 16.1.2014, A gazette notification No.4/2010 dated 28.1.2010 had also been issued by the CBDT in the Ministry of Finance under

DCIT, JAIPUR vs. VIGYAN LODHA, JAIPUR

In the result, the appeal of the Department is dismissed

ITA 169/JPR/2022[2014-15]Status: DisposedITAT Jaipur20 Dec 2022AY 2014-15
For Appellant: Shri Rohan Sogani, CA &For Respondent: Shri P.R. Meena, CIT-DR
Section 10(38)Section 143(2)Section 14ASection 68Section 69C

171] Hon’ble Supreme Court held that if the addition was based on third party information gathered by Investigation wing then addition cannot be made unless such information is provided to the assessee and opportunity of cross examination is provided moreso when assessee placed on record all the evidences. The relevant findings are as under: Headnote: Section

MURLI DHAR UPADHYAY,JAIPUR vs. ITO WARD 6(3), JPR, JAIPUR

In the result, stands allowed

ITA 252/JPR/2025[2017-18]Status: DisposedITAT Jaipur16 Sept 2025AY 2017-18

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

For Appellant: Shri Ashok Kumar Gupta, AdvFor Respondent: Shri Gautam Singh Choudhary, JCIT a
Section 143(2)Section 143(3)Section 270A(1)Section 40A(3)

Section 246A of the Act, it is not open to him as of right to withdraw or not press the appeal. In fact the CIT(A) is obliged to dispose of the appeal on merits. 11. Further we observed from the assessment order that the assessee’s case was selected for scrutiny under CASS for examination of cash deposited during

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

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

ITA 1014/JPR/2024[2017-18]Status: DisposedITAT Jaipur28 Jan 2025AY 2017-18
For Appellant: Shri Mahendra Gargieya, (Adv.) &For Respondent: Mrs. Alka Gautam, (CIT-DR)
Section 147Section 263Section 36(1)(va)Section 43B

disallowance of Rs.1,38,95,995/- u/s\n40(a)(ia) of the Act (and the total reassessed income of Rs.\n5,97,80,77,790/-). However, this was followed by a notice u/s 263 with\nreference to the reassessment order passed u/s 143(3) r.w. 147 of the\nAct dated 26.03.2015 on the ground that a further amount of sales

M/S SHIV KUMAR SUSHIL KUMAR TEA ENTERPRISES PVT. LTD.,KOTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTA

In the result, appeal of the assessee is allowed

ITA 75/JPR/2019[2013-14]Status: DisposedITAT Jaipur05 Aug 2019AY 2013-14
For Appellant: Shri B.L. Bhojwani (CA)For Respondent: Shri Kailash Mangal (Addl.CIT)
Section 271(1)(c)Section 44ASection 80ASection 80ISection 80J

disallowance has been made and upheld in appeal, does not justify the imposition of penalty under section 271(1)(c) of the Act. In Laxmi Jewellery vs. CIT (1988) 171

SMT. SUMAN CHOUDHARY,JAIPUR vs. THE INCOME TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 687/JPR/2025[2016-17]Status: DisposedITAT Jaipur30 Sept 2025AY 2016-17

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Sh. Tarun Mittal, CA &For Respondent: Sh. Gautam Singh Choudhary, Addl.CIT
Section 143(2)Section 144Section 250Section 68

171 taxmann.com 500 (Raipur - Trib.)/[2025] 211 ITD 580 (Raipur - Trib.)[29-01-2025] Where case of assessee was selected for limited scrutiny for examination of specific issue, Assessing Officer could not have ventured into a different issue (difference in purchase consideration of property) that did not form basis for taking up case for such scrutiny assessment without getting said

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

ITA 500/JPR/2023[215-16]Status: DisposedITAT Jaipur21 Feb 2024

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case it is mandatory

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

ITA 496/JPR/2023[2016-17]Status: DisposedITAT Jaipur21 Feb 2024AY 2016-17

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case it is mandatory

SHIVALIK KINEMA PVT. LTD.,JAIPUR vs. DCIT, JAIPUR

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

ITA 400/JPR/2016[2010-11]Status: DisposedITAT Jaipur23 Apr 2018AY 2010-11
For Appellant: Shri P.C. Parwal (CA)For Respondent: Smt. Seema Meena (JCIT)
Section 139(1)Section 147Section 148Section 68

section 68 of the Act. In the result, ground no.2 taken by the assessee company is allowed. 25. In Ground No. 3, the assessee has challenged the sustenance of disallowance of Rs. 31,171

LATE SH. BHEEM SEN BATRA,JAIPUR vs. ITO, ALWAR

In the result, appeals of the assessee in ITA Nos

ITA 184/JPR/2015[2009-10]Status: DisposedITAT Jaipur12 Oct 2018AY 2009-10
For Appellant: Shri Rajeev Sogani(CA)For Respondent: Shri J.C. Kulhari (JCIT)
Section 133ASection 139(5)Section 143(1)Section 143(3)Section 147Section 148

171/-. (4) Mobile Charges Rs. 18,482/- : 13.8. We have heard the ld. A/R as well as the ld. D/R and considered the relevant record. The assessee has claimed Mobile charges of Rs. 18,482/-. The AO disallowed Rs. 5,000/- as an adhoc disallowance for want of supporting vouchers and evidence. We find that the adhoc disallowance made

LATE SH. BHIM SEN BATRA L/H SH. HIMANSHU BATRA,ALWAR vs. ITO, ALWAR

In the result, appeals of the assessee in ITA Nos

ITA 439/JPR/2016[2011-12]Status: DisposedITAT Jaipur12 Oct 2018AY 2011-12
For Appellant: Shri Rajeev Sogani(CA)For Respondent: Shri J.C. Kulhari (JCIT)
Section 133ASection 139(5)Section 143(1)Section 143(3)Section 147Section 148

171/-. (4) Mobile Charges Rs. 18,482/- : 13.8. We have heard the ld. A/R as well as the ld. D/R and considered the relevant record. The assessee has claimed Mobile charges of Rs. 18,482/-. The AO disallowed Rs. 5,000/- as an adhoc disallowance for want of supporting vouchers and evidence. We find that the adhoc disallowance made

LATE SH. BHEEM SEN BATRA,JAIPUR vs. ITO, ALWAR

In the result, appeals of the assessee in ITA Nos

ITA 185/JPR/2015[2010-11]Status: DisposedITAT Jaipur12 Oct 2018AY 2010-11
For Appellant: Shri Rajeev Sogani(CA)For Respondent: Shri J.C. Kulhari (JCIT)
Section 133ASection 139(5)Section 143(1)Section 143(3)Section 147Section 148

171/-. (4) Mobile Charges Rs. 18,482/- : 13.8. We have heard the ld. A/R as well as the ld. D/R and considered the relevant record. The assessee has claimed Mobile charges of Rs. 18,482/-. The AO disallowed Rs. 5,000/- as an adhoc disallowance for want of supporting vouchers and evidence. We find that the adhoc disallowance made