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

In the result, the appeal of the assessee is allowed

Bench: Him.

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

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

In the result, the appeals of the assessee in ITA no

disallowance of benefit of\nsection 11 of the Income Tax Act questions all receipts of the assessee\nassociation and addition is made on net surplus amount after allowing the\nexpenditure allowable. Hence, the receipts as per 26AS and services as per\nservice tax return were considered while making addition.\nThe case of the association has to be viewed from

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

disallowance of benefit of\nsection 11 of the Income Tax Act questions all receipts of the assessee\nassociation and addition is made on net surplus amount after allowing the\nexpenditure allowable. Hence, the receipts as per 26AS and services as per\nservice tax return were considered while making addition.\n\nThe case of the association has to be viewed from

INCOME TAX OFFICER, WARD-1(2), JAIPUR, JAIPUR vs. MUKESH KUMAR SONI, JAIPUR

In the result appeal of the revenue is dismissed and the cross

Bench: Moving Towards The Facts Of The Case We Would Like To Mention

274 ITR 443 (P&H) An Opportunity which is earlier granted cannot justify lack of reasonable opportunity during last occasion. 18. Dwijendra Kumar Bhattacharjee Vs Superintendent of Taxes (1990) 78 STC 593 (Gau) Opportunity must be real and effective : The opportunity given to the assessee to be heard must be real and reasonable. If an assessee, who is asked

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated hereinabove

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

2,13,17,575/- added or disallowed by the AO which has reached finality in computing the total income of the assessee shall, for the purpose of clause (c) of this subsection (1) of section 271, be deemed to represent the income in respect of which particulars have been concealed. Thus, I confirm the penalty levied

PARAS MAL JAIN,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JAIPUR

In the result, the appeal of the assesee is allowed

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

2 SHRI PARAS MAL JAIN VS DCIT, CENTRAL CIRCLE-1, JAIPUR 3. That the ld. CIT(A) is wrong and has erred in law in confirming the said penalty of Rs.2.50 lacs u/s 271AAB imposed by the AO although the notice issued by AO for initiating the penalty u/s 271AAB of the I.T. Act, 1961 is not in accordance with

PARAS MAL JAIN,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result, the appeal of the assessee is allowed

disallowance of expenses\non account of personal element/unverifiable expenses. The A.O. simultaneously\ninitiated penalty proceedings u/s 271AAB of the Act. The assessee filed his\nexplanation to the said notice which was rejected by A.O. and vide impugned\npenalty order dated levied a penalty of Rs.1,00,11,335/- on assessee firm. The\npresent appeal is against said penalty imposed

RAM RATAN JANGIR,AMER vs. INCOME TAX OFFICER, WARD -7(2), JAIPUR

In the result ground no. 1 raised by the

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 147 into the Act – ABCAUS case law citation – 939 2016 (06) ITAT (June 2016) Inductotherm ndia Pvt Ltd vs. CIT (Special Civil application No. 858 of 2006) (GUJ HC), it has been held that The assessing officerin the guise of power to reopen an assessment cannot seek to undertake a fishing or roving enquiry and seek to verify claims

OM INFRA LIMITED,JAIPUR RAJASTHAN vs. DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR, RAJASTHAN

In the result, we find no substantial question of law being involved in this appeal

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

2) b- III. That allowing or disallowing the deduction is a matter of discussion and legal matter which cannot be rectified in order u/s 154. Thus it is debatable issue hence cannot be covered u/s 154 of I.T. Act, 1961. Section 154, scope of.-Section 154 confers jurisdiction on the Assessing Officer carry out rectification in respect of apparent mistakes

DWARKA GEMS LIMITED ,JAIPUR vs. ASST. COMMISSIONER OF INCOME TAX , JAIPUR

In the result, the appeal of the assessee is allowed

2-11) and whereby disallowance of Rs.15,672/-\nin\nrespect of deduction u/s 80IB and disallowance of Rs.1,44,263/- made u/s 40(a)(ia)\nhas been deleted. Further, tradition addition of Rs. 3,00,000 which is being\nconfirmed by ld. CIT(A) is solely on estimate basis and accordingly no penalty\nwas levied by ld. AO on this

PINCITY JEWLHOUSE PVT. LTD.,JAIPUR vs. PCIT, CC, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: the date of hearing." 3. At the outset of hearing, the Bench observed that there is delay of 58 days in filing of the present appeal by the assessee for which the Id. AR of 3

disallowing the advertisement expenditure claimed by the assessee - There is nothing on record to suggest that the order of AO is not sustainable in law – the order of the CIT is set aside – Decided in favour of assessee. 22 Pinkcity Jewelhouse Pvt. Ltd. vs. PCIT 29. Further it is settled law that initiation of 263 proceedings should

GILLETTE INDIA LIMITED,SPA-65A, INDUSTRIAL AREA, BHIWADI, DISTRICT- ALWAR vs. PCIT, JAIPUR-1, JAIPUR

In the result, the appeal of the assessee is partly allowed

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

2. It is submitted that expenditure incurred on payment of club membership fees is towards business expediency as it provides an opportunity to develop business contacts. The reporting in clause 21(a) of Form No.3CD is only for disclosure. There is no section in the Income Tax Act to disallow the club membership fees. Hon’ble ITAT Jaipur Branch

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated\nhereinabove

2,00,00,000 | Nil | Nil\n| Development of Stones\n| (CDOS)\n| Prior period expenses | 36,73,140 | Nil | Nil\n| CSR expenses | 6,41,42,000 | 6,41,42,000 | 1,41,42,000\n| Deduction u/s 80IA | 15,33,95,189 | Nil | Nil\n| Disallowance

KULDEEP SINGH SHEKHAWAT,KOTA vs. ITO W-2(1), KOTA, KOTA

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Gagan Goyalkuldeep Singh Shekhawat, 11, Samridhi Traders, Police Line, Gopal Vihar, Baran Road-324001 Pan No. Araps0973M ...... Appellant Vs. Income Tax Officer, Ward-2(1), Kota …... Respondent

274 (Gau.) to substantiate its claim under section 54 of the Act. Whereas AO relied upon the literal interpretation of section 54 of the Act which speaks about section 139(1) only. AO was not convinced with the argument advanced by the assessee in her favour and disallowed the claim of the assessee. Being aggrieved, assessee preferred an appeal before

RAJASTHAN STATE BHARAT SCOUT AND GUIDE,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX HOLDING CHARGE OF ITO EXEMPTIONS, JAIPUR

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

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

disallowing the appellant the benefit of accumulation of funds and investment u/s. 11(5) of the Income Tax Act. Hence, the order of the Assessing Officer is confirmed and appeal of the appellant is dismissed. However, the appellant may file condonation petition for delay before the Commission of Income Tax (Exemption). 7. In the result, the appeal of the appellant

RAJASTHAN STATE BHARAT SCOUT AND GUIDE,JAIPUR vs. INCOME-TAX OFFICER (EXEMPTION), JAIPUR

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

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

disallowing the appellant the benefit of accumulation of funds and investment u/s. 11(5) of the Income Tax Act. Hence, the order of the Assessing Officer is confirmed and appeal of the appellant is dismissed. However, the appellant may file condonation petition for delay before the Commission of Income Tax (Exemption). 7. In the result, the appeal of the appellant

RUPESH TAMBI,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

In the result, the appeal of the assessee is Partly allowed

2. To support the various grounds raised by\nthe Id. AR of the assessee, has filed the written submissions in respect of\nthe grounds raised by the assessee and the same is reproduced herein\nbelow:\nThe above appeal has been filed by assessee against the appeal order dated 29-\n10-2024 passed by the Ld. CIT(A)-4, Jaipur

JAIPUR TELECOM PVT. LTD,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

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

2,37,85,408/- making disallowance of Rs. 19,59,272/- on account of excess depreciation debited in the P&L account and Rs. 66,466/- on account of disallowance of claim of interest on TDS. During the course of assessment proceedings, penalty proceedings u/s. 270A of the I.T. Act were initiated and accordingly Show cause Notice u/s. 274 r.w.s

JAIPUR TELECOM PRIVATE LIMITED,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

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

2,37,85,408/- making disallowance of Rs. 19,59,272/- on account of excess depreciation debited in the P&L account and Rs. 66,466/- on account of disallowance of claim of interest on TDS. During the course of assessment proceedings, penalty proceedings u/s. 270A of the I.T. Act were initiated and accordingly Show cause Notice u/s. 274 r.w.s