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 43B since paid before the due date of filling ITR\nleaving balance disallowable Rs.42,03,553/-\nThe Id. AO will verify the above figures with challans and delete the\namount in accordance with the law as discussed herein above.\nIn terms of these observations, the appeal of the assessee in ITA no.\n197/JP/2025 is allowed for statistical purpose

LAKHANI SHOEE CO. PVT. LTD vs. ACIT, ALWAR

In the result, appeal of the assessee in ITA No

disallowance can be made under section 14A of the Act. Both Ld. AO and ld. CIT(A) have failed to appreciate that there is no nexus between the interest bearing funds with the investment in shares of Lakhni Footwear Ltd. The observations of the Ld. CIT(A) that only selected pages of the order of the Hon’ble Company

M/S HOTEL GAUDAVAN PVT. LTD.,PLOT NO.1, HOTEL COMPLEX, JODHPUR BARMER LINK ROAD, JAISALMER vs. CPC, BENGALURU/ ACIT/DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, all these appeals of the assessees are allowed

Section 36(1)(va) of the IT Act, 1961 on account of late deposit of PF and ESI employee’s contribution. 8. Being aggrieved by the order issued U/s 143(1) of the IT Act, the assessee preferred an appeal before the ld. CIT(A). The assessee filed complete details of the entire payments i.e. employee’s PF & ESI contribution

M/S HOTEL GAUDAVAN PVT. LTD.,PLOT NO.1, HOTEL COMPLEX, JODHPUR BARMER LINK ROAD, JAISALMER vs. CPC, BENGALURU/ ACIT/DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, all these appeals of the assessees are allowed

Section 36(1)(va) of the IT Act, 1961 on account of late deposit of PF and ESI employee’s contribution. 8. Being aggrieved by the order issued U/s 143(1) of the IT Act, the assessee preferred an appeal before the ld. CIT(A). The assessee filed complete details of the entire payments i.e. employee’s PF & ESI contribution

RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, both set of cross appeals for the respective assessment years are disposed off with above directions

391 ITR 218 (P&H) • CCI Ltd. Vs DCIT (2012) 206 Taxmann 563 (Kar): • DCIT Vs. Gulshan Investment Company Ltd. (2013) 86 DTR 262 (Kol-Trib) In view of above, the disallowance of Rs.71,75,575/- made by AO under Rule 8D(2)(iii) is incorrect and against the provisions of the Act. 5.4 It was further submitted that this

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

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

OM INFRA LIMITED,JAIPUR, RAJASTHAN vs. ADIT (CPC) BANGALORE, BENGALURU, KARNATAKA

In the result, both appeals of the assessee are dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 534 & 536/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2019-20 & 2018-19 Om Infra Limited Om Tower, M. I. Road Church Road, Rajasthan cuke Vs. ADIT (CPC), Bangalore, Bengaluru, Karnataka LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACO 8245 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri B. V. Maheshwari (F.C.A.) jktLo dh vksj ls@ Revenue by : Sh. A. S. Nehra

391 and Amror Co-operaive Urban Society v Dy. CIT (2023) 221 TT (Coch followed......." (vii) The disallowance has rightly been made on the basis of the relevant law viz-a vir the due dates of depositing of the amounts which are held by the employer, the appellant in trust since these are the contributions of the employees

OM INFRA LIMITED,JAIPUR RAJASTHAN vs. ADIT (CPC) BANGALORE, BENGALURU KARNATAKA

In the result, both appeals of the assessee are dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 534 & 536/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2019-20 & 2018-19 Om Infra Limited Om Tower, M. I. Road Church Road, Rajasthan cuke Vs. ADIT (CPC), Bangalore, Bengaluru, Karnataka LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACO 8245 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri B. V. Maheshwari (F.C.A.) jktLo dh vksj ls@ Revenue by : Sh. A. S. Nehra

391 and Amror Co-operaive Urban Society v Dy. CIT (2023) 221 TT (Coch followed......." (vii) The disallowance has rightly been made on the basis of the relevant law viz-a vir the due dates of depositing of the amounts which are held by the employer, the appellant in trust since these are the contributions of the employees

RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

section 14A cannot be invoked for disallowance merely because the assessee has incidental dividend income. He has further contended that even otherwise when the assessee has not incurred any expenditure for earning the dividend income then, no disallowance is called for. The ld. AR has referred to the assessee’s own interest free funds which is more than 14 times

RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP. LTD.,JAIPUR vs. DCIT, JAIPUR

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

section 14A cannot be invoked for disallowance merely because the assessee has incidental dividend income. He has further contended that even otherwise when the assessee has not incurred any expenditure for earning the dividend income then, no disallowance is called for. The ld. AR has referred to the assessee’s own interest free funds which is more than 14 times

DCIT, JAIPUR vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORTATION LTD., JAIPUR

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

section 14A cannot be invoked for disallowance merely because the assessee has incidental dividend income. He has further contended that even otherwise when the assessee has not incurred any expenditure for earning the dividend income then, no disallowance is called for. The ld. AR has referred to the assessee’s own interest free funds which is more than 14 times

ACIT, JAIPUR vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP., JAIPUR

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

section 14A cannot be invoked for disallowance merely because the assessee has incidental dividend income. He has further contended that even otherwise when the assessee has not incurred any expenditure for earning the dividend income then, no disallowance is called for. The ld. AR has referred to the assessee’s own interest free funds which is more than 14 times

ACIT, JAIPUR vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP., JAIPUR

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

section 14A cannot be invoked for disallowance merely because the assessee has incidental dividend income. He has further contended that even otherwise when the assessee has not incurred any expenditure for earning the dividend income then, no disallowance is called for. The ld. AR has referred to the assessee’s own interest free funds which is more than 14 times

ACIT, JAIPUR vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LTD., JAIPUR

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

section 14A cannot be invoked for disallowance merely because the assessee has incidental dividend income. He has further contended that even otherwise when the assessee has not incurred any expenditure for earning the dividend income then, no disallowance is called for. The ld. AR has referred to the assessee’s own interest free funds which is more than 14 times

RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

section 14A cannot be invoked for disallowance merely because the assessee has incidental dividend income. He has further contended that even otherwise when the assessee has not incurred any expenditure for earning the dividend income then, no disallowance is called for. The ld. AR has referred to the assessee’s own interest free funds which is more than 14 times

DCIT, JAIPUR vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORTATION LTD., JAIPUR

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

section 14A cannot be invoked for disallowance merely because the assessee has incidental dividend income. He has further contended that even otherwise when the assessee has not incurred any expenditure for earning the dividend income then, no disallowance is called for. The ld. AR has referred to the assessee’s own interest free funds which is more than 14 times

RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

section 14A cannot be invoked for disallowance merely because the assessee has incidental dividend income. He has further contended that even otherwise when the assessee has not incurred any expenditure for earning the dividend income then, no disallowance is called for. The ld. AR has referred to the assessee’s own interest free funds which is more than 14 times

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

disallowed u/s 40(A)(3), 40(a)(ia) etc.) found recorded in the books of accounts named as “Jadavji” Total Addition 129351691 102524909 26773564 Further, ld CIT(A) directed that the seized cash lying in PD account be adjusted against self assessment tax liability and interest u/s 234B be computed accordingly. 4.1 Now we take up the grounds of appeal