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

29 if admission is sought at this stage.\n4. Disallowance Under Section 43B is Fully Justified\nThe disallowance of ₹1,95,27,206/-is based

SUBHASH PARETA,KOTA vs. ACIT, KOTA

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

29 which states that the income from profits and gains of business shall be computed in accordance with the provisions contained in sections 30 to 43D. Section 40 provides for certain disallowances

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

In the result, appeal of the revenue is dismissed

disallowance under section 14A of the Act of any amount is not permissible. 29 ITA NO. 201(6)/JP/2017 M/s. Chambal

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 under section 14A of the Act of any amount is not permissible. 29 ITA NO. 201(6)/JP/2017 M/s. Chambal

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

In the result, appeal of the revenue is dismissed

disallowance under section 14A of the Act of any amount is not permissible. 29 ITA NO. 201(6)/JP/2017 M/s. Chambal

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

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

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

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)

section 14A of the Act. At para 3.1 of the order dated 29 March 2023 passed by the PCIT, the PCIT has mentioned that the AO did not raise the issue of disallowance

M/S DANISH PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR

In the result, appeal of the assessee is allowed for statistical purposes

section 139 of the Act. He has further submitted that the assessee has obtained confirmation from Central Power Research Institute dated 07.11.2018 in this respect for which the assessee is seeking the leave of the Tribunal to file the same as additional evidence. The ld. A/R of the assessee has also filed an application under Rule 29 of the Income

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)

section 14A will also apply on the shares held as stock in trade. Thus simply because disallowance is confirmed in appeal does not mean that the assesse has concealed the particulars of income. All the facts relating to the investment in shares and exempt income earned therefrom are duly shown in the financial statement which was not found incorrect

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)

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

MAYUR UNIQUOTERS LIMITED,JAIPUR vs. COMMISSIONER OF INCOME TAX NFAC, NEW DELHI

Appeals of the assesse are disposed of in the terms indicated as above

disallowable expense. TheFinance Act 2022 has amended section 40 by inserting Explanation 3 with effectfrom 1-4-2005 to provide that the term ‘tax’ shall include and shall be deemed tohave always included any surcharge or cess. In light of the amendment effectedretrospectively, it is held that Education cess is not an allowable Expense and theadditional ground raised

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

section 14A will\nalso apply on the shares held as stock in trade. Thus simply because disallowance\nis confirmed in appeal does not mean that the assesse has concealed the particulars\nof income. All the facts relating to the investment in shares and exempt income\nearned therefrom are duly shown in the financial statement which was not found\nincorrect

M/S VIJAYETA BUILDCON PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

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

disallowance as contemplated under section 40A(3) of the Act so long as the intention of the legislature is not violated. We find that our said view find resonance in decisions of various authorities, which we have discussed below and thus seems fortified by the said decisions. 29

M/S MAHALAXMI SAWS PRIVATE LTD.,JAIPUR vs. DCIT CPC, BANGALORE

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

Section 143(1)(a) of the Act, the intimation issued deserves to be quashed. 1.1 On the facts and in circumstances of the case the ld. CIT(A) has grossly erred in confirming the disallowance of Rs.1,29