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 under section 40(a) (ia)of the Act, in our opinion there is violation of section 194C(7) and disallowance

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 under section 40(a) (ia)of the Act, in our opinion there is violation of section 194C(7) and disallowance

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 under section 40(a) (ia)of the Act, in our opinion there is violation of section 194C(7) and disallowance

M/S. RATAN CONDUCTORS,JAIPUR vs. ACIT, CIRCLE-4, JAIPUR

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

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1259/Jp/2019 Assessment Year: 2012-13 M/S Ratan Conductors, Cuke A.C.I.T., Vs. H-377(B), Road No. 17, Vki Area, Circle-4, Jaipur. Jaipur. Pan No.: Aabfr 8166 P Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Ashok Kr. Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 05/08/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 02/09/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Jaipur Dated 21/08/2019 For The A.Y. 2012-13 Wherein Following Grounds Have Been Taken By The Assessee: “1. Disallowance Of Interest Of Rs. 17,73,769/- On Account Of Non Tds:- That On The Facts & In The Circumstances Of The Case Ld. Cit(A) Has Grossly Erred In Law & Facts In Confirming Disallowance Of Interest Of Rs.17,73,769/- Paid To M/S Barelays Investment & Loan (India) Ltd. (Rs. 298826/-) & M/S Future Capital (Rs. 1474943/-) On Account Of Non Deduction Of Tds Thereon By Invoking Provisions Of Section 40(A)(Ia) Of The It Act 1961. (A) The Assessee Firm Paid, Interest Of Rs. 2,98,826/- To Nbfc. M/S Barelays Investment & Loan (India) Ltd. & Rs.14,74,943/- To M/S Future Capital Another Nbfc. The Assessee Firm Raised Loan

Section 40 (a) (ia) no disallowance could be made in the hands of assessee u/s 40 (a) (ia) so the 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

disallow the same by invoking the provisions of section 40(a)(ia) of the Act. The assessee objected to the disallowance

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE, BHARATPUR vs. M/S ARIHANT TRADING CO., BHARATPUR

In the result, appeal of the Revenue is dismissed

disallowance under section 40(a)(ia) does not arise if the assessee complies with the provisions of section 194C(6). 33. In view

M/S AMRAPALI EXPORTS,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, the ground No

disallowances pertaining to Sections 32, 40(a)(ia), 40A(3), 43B etc., of the Act. At times disallowance out of specific

SHRI VIKRAM SINGH SHEKHAWAT,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE, SIKAR

In the result, the appeals filed by the assessee in ITA No

disallowance u/s 40(a)(ia). And in the Act also there is an amendment of Sec. 40(a)(ia) and u/s 201(1) in the finance Act 2012 which provides Second proviso to Section

DCIT, C-4, JAIPUR vs. M/S. JLC ELECTROMET PVT. LTD., JAIPUR

In the result, the appeal of the Department is dismissed

Section 195 by Finance Act, 20212 with retrospective effect from 01- 04-1962. Therefore, a show cause notice was issued to the assessee on 26-11-2018 mentioning therein as to why the above expenses shall not be disallowed u/s 40

ACIT, KOTA vs. VASTUVEDIK COLONIZERS & DEVLOPERS PVT. LTD., KOTA

In the result, ground no. (ii) of the revenue is dismissed and ground no

Bench: The Hon’Ble High Court Was Disallowance

40(a)(ia) cannot be invoked when the assessee has deducted the tax at source as 8 M/s. Vastuvedik Colonizers & Developers Pvt. Ltd., Kota. per provisions of section 194C, as per the boanfide decision of the assessee even if the AO has held that the provisions of section 194J are applicable in respect of the said payment. Hence, the disallowance

ITO, JAIPUR vs. SHYAM APPARELS PVT. LTD., JAIPUR

40(a)(ia), no disallowance there under could be made, particularly when the recipients banking companies had included these payments in their respective incomes, therefore, the disallowance so made deserves to be deleted. 1.3 That, the Ld. AO has further erred in not appreciating the fact that the second proviso to section

SHYAM APPARELS P.LTD.,JAIPUR vs. ITO, JAIPUR

40(a)(ia), no disallowance there under could be made, particularly when the recipients banking companies had included these payments in their respective incomes, therefore, the disallowance so made deserves to be deleted. 1.3 That, the Ld. AO has further erred in not appreciating the fact that the second proviso to section

SHIV KRIPA HOTELS PRIVATE LIMITED,JAIPUR vs. THE DCIT, CIRCLE-3

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

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

disallowance u/s 40(a)(ia) could be made. It is submitted that both the provisos to section 40(a)(ia) were

M/S MODERN THREADS (INDIA) LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR

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

section 40(a)(i) cannot be invoked for making the disallowance. In the facts and circumstances of the case the disallowance

MODERN THREADS (INDIA) LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR

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

section 40(a)(i) cannot be invoked for making the disallowance. In the facts and circumstances of the case the disallowance

M/S. PRIME OCEANIC PVT. LTD. GANDHI NAGAR, UPLA SONAVA, SCHEME NO.8, ALWAR,ALWAR vs. ITO WARD-2(3), ALWAR, ALWAR

In the result, the disallowance so made is directed to be deleted and the ground of appeal is allowed

disallowed due to contravention of section 40(a)(ia) of the Act r/w section 195 of the Act. On perusal

M/S N. M. ROOF DESIGNERS LTD,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR

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

Bench: The Date Of Hearing.”

40(a)(ia) read with proviso to Section 201 of the Act, no disallowance is called for U/s 40(a)(ia) of the Act. The ld. CIT(A) did not accept

M/S JLC ELECTROMET PVT. LTD.,JAIPUR vs. ASSISTANAT COMMISSIONER OF INCOME TAX, CIRCLE-4, JAIPUR

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

disallowed u/s 40(a)(ia) in view of insertion of Explanation 2 to Section 195 by the Finance Act, 2012 with