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

In the result, appeal of the revenue is dismissed

disallowance out of interest paid on borrowed funds to Rs. 22,45,000/- as against that of Rs. 55,92,19,845/- made by AO since the decision of ld. CIT (A) is not in conformity with the ratio laid down by the Hon’ble Punjab & Haryana High Court in the case of CIT vs. Abhishek Industries

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

disallowance out of interest paid on borrowed funds to Rs. 22,45,000/- as against that of Rs. 55,92,19,845/- made by AO since the decision of ld. CIT (A) is not in conformity with the ratio laid down by the Hon’ble Punjab & Haryana High Court in the case of CIT vs. Abhishek Industries

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

In the result, appeal of the revenue is dismissed

disallowance out of interest paid on borrowed funds to Rs. 22,45,000/- as against that of Rs. 55,92,19,845/- made by AO since the decision of ld. CIT (A) is not in conformity with the ratio laid down by the Hon’ble Punjab & Haryana High Court in the case of CIT vs. Abhishek Industries

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 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,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

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, U/S 194C and 40(a)(ia) would get attracted. On this aspect, as indicated above a reading of provisions of Section 194C (6), prior to the amendment of by Finance Act, 2015 (w.e.f. 1- 06-2015), makes it clear that that during the relevant Assessment year, if the sub- contractors have supplied their PAN to the person making payments

ASSOCIATED SOAPSTONE DISTRIBUTING CO PRIVATE LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -2, JAIPUR, JAIPUR

disallowance under Section 14A in the case of the assessee\ncompany.\n19\nITA243/JP/2023\nASSOCIATED SOAPSTONE DISTRIBUTING CO. PVT LTD. VS Pr.CIT-2, JAIPUR\n1.3.v In the below mentioned cases, Explanation inserted to Section 14A,\nvideFinance Act, 2022, is held to have a prospective effect.\n•\nERA Infrastructure (India) Ltd. [2022] 448 ITR 674 (Delhi) [CLC -\nPages 18,19 and 22

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

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

disallowance is warranted under section 14A of the Act. The view of the AO is duly supported by the decisions of Hon’ble High Courts and Tribunals relied upon by the assessee. SLP filed by the revenue in this regard against the decisions of Hon’ble High Courts have been 22

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

In the result, the appeal of the assessee is allowed

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

22 Career Point Limited, Kota. free funds out of which concerned investments had been made, disallowance under Section 14A is not justified

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

disallowance of Rs. 1,45,12,666/- made by\nthe Id. AO considering the provision of section 80P(2)(d) of the Act. The\nbrief facts being not disputed by both the parties the same are not repeated\nand we directly deal with the allowability of deduction claimed by the\nassessee for an amount

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

section 2(22)(e) of the Act during the A.Y. 2014-15.” Grounds of ITA No. 824/JP/2019 A.Y. 2014-15. “ 1. On the facts & circumstances of the case Ld. Lower Authorities grossly erred in making and confirming addition of Rs 58,78,803/- in hands of assessee company, despite of this fact that assessee company is not the shareholder

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

section 2(22)(e) of the Act during the A.Y. 2014-15.” Grounds of ITA No. 824/JP/2019 A.Y. 2014-15. “ 1. On the facts & circumstances of the case Ld. Lower Authorities grossly erred in making and confirming addition of Rs 58,78,803/- in hands of assessee company, despite of this fact that assessee company is not the shareholder

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

section 2(22)(e) of the Act during the A.Y. 2014-15.” Grounds of ITA No. 824/JP/2019 A.Y. 2014-15. “ 1. On the facts & circumstances of the case Ld. Lower Authorities grossly erred in making and confirming addition of Rs 58,78,803/- in hands of assessee company, despite of this fact that assessee company is not the shareholder

NIRMAL KUMAR BARDIYA,JAIPUR vs. ACIT, CIRCLE-1, JAIPUR, JAIPUR

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

disallowance of Rs. 3,42,412/- made by Ld. AO and confirmed by Ld. CIT(A) may kindly be deleted.’’ 4.6 On the other hand, the ld. DR supported the orders of the lower authorities. 4.7 We have heard both the parties and perused the materials available on record. The Bench noted during the course of hearing that

RMC GEMS INDIA LTD,JAIPUR vs. ADIT, CPC, BANGLORE

In the result, the appeal of the assessee is allowed

disallowance of Rs. 3,93,122/- made by Ld. AO and confirmed by Ld. CIT(A) may kindly be deleted.’’ 4.6 On the other hand, the ld. DR supported the orders of the lower authorities. 4.7 We have heard both the parties and perused the materials available on record. The Bench noted during the course of hearing that

GOSIL EXPORTS PVT LTD,JAIPUR vs. DCIT, CIRCLE -I, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Due Date Of Filing Return.’’

disallowance for late deposit of contribution to PF and ESI debatable in nature hence adjustments u/s 143(1)(a) can not be made. The latest judgment in case S.V. Engineering Constructions India (P) Ltd. Vs DCIT (ITAT Visakhapatnam) 1.T.A.No.130/Viz/2021 on same facts with referring decision in the case of Andhra Trade Development Corporation in LT.A No.434/Viz/2019 dated 05.05.2021 taken

THIKARIYA GRAM SEWA SAHKARI SAMITI LTD ,THIKARIYA vs. AO CPCITO WARD SIKAR, SIKAR

In the result, both the appeals filed by the assessee are allowed

22,704/- under section 80P of the\nAct. The issue for consideration before us is that whether once the\nreturn of income is filed beyond the prescribed date under section\n139(1) of the Act, can the deduction under section 80P of the Act be\ndenied to the assessee, by way of adjustment under section 143(1) of\nthe

VAIBHAV GLOBAL LIMITED,JAIPUR vs. DCIT, CENTRAL CIRCLE-4, JAIPUR , JAIPUR

In the result, the appeal of the assessee is allowed

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

disallowance of the claim of the assessee which was held by the different Hon’ble High Courts on different decisions but there is no change in the law that intimation issued u/s 143(1)(a) of the Act has to make adjustment for which opportunity as provided in the Act has to be granted to the assessee. He further submitted