DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. M/S WORSHIP INFRAPROJECTS PVT LTD(PREVIOUSLY KNOWN AS OM METALS SPML INFRAPROJECTS PVT LTD), JAIPUR

In the result of the appeal of the assessee is allowed

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

2) of Income Tax Act, the difference should be ignored. 4.2 No disallowance can be made by applying the provisions of Section 40A

WORSHIP INFRAPROJECTS PRIVATE LIMITED,JAIPUR vs. DCIT, CEIRCLE-2, JAIPUR

In the result of the appeal of the assessee is allowed

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

2) of Income Tax Act, the difference should be ignored. 4.2 No disallowance can be made by applying the provisions of Section 40A

MOTHERS EDUCATION HUB,JAIPUR vs. ACIT, CIRCLE-1, JAIPUR, JAIPUR

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

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

section 40A(2)(b), we noticed that for making any disallowance under this section, the AO is under obligation to determine

LALITA KUMARI,ANTA DISTRICT BARAN vs. COMMISSIONER OF INCOME TAX (APPEALS), NFAC, DELHI

In the result, appeal of the assessee is allowed

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

disallowance u/s 40A(2)(a) is not applicable to persons not covered u/s 40A(2)(b). The persons covered,when the assessee is an individual as in the present case, under section

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

2. Whether on the facts and the circumstances of the case the ld CIT(A) was right in restricting the disallowance from Rs.6,83,29,329/- to Rs.3,35,092/- made U/s 40A(3) of the Act without appreciating the fact that this violation of the provision of the Section

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

2 Ors. M/s Skyways Township Pvt. Ltd. Vs DCIT which section 40A(3) has been brought on the statute books has been clearly satisfied in the instant case. Therefore, being a case of genuine business transaction, no disallowance

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

2 Ors. M/s Skyways Township Pvt. Ltd. Vs DCIT which section 40A(3) has been brought on the statute books has been clearly satisfied in the instant case. Therefore, being a case of genuine business transaction, no disallowance

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

2 Ors. M/s Skyways Township Pvt. Ltd. Vs DCIT which section 40A(3) has been brought on the statute books has been clearly satisfied in the instant case. Therefore, being a case of genuine business transaction, no disallowance

SUBHASH PARETA,KOTA vs. ACIT, KOTA

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

disallowance under section 40A(3) has been rightly deleted by the ld CIT(A). The ground no. 2 of revenue

M/S MORANI CARS PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, WARD-6, JAIPUR

In the result the appeal of the assessee is partly allowed

2. The assessee has marched this appeal on following grounds of appeal; “1. On the facts and in the circumstances of the case Ld. ACIT erred in disallowing and Ld. CIT(A) erred in sustaining the disallowances of the entire payment of rent by invoking of section 40A

BANSAL CLASSES PVIVATE LTD.,KOTA vs. JCIT, KOTA

In the result, revenue’s ground of appeal is allowed for statistical purposes

disallowed under section 40A(2)(b) of the Act. ITA No. ITA No. 698-JP-14, 738-JP-14, 699-JP-14, 739-JP-14, 435-JP-16, 298-JP-16, 345-JP-2017, 296-JP-17 M/s Bansal

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

In the result, the appeal of the Department is dismissed

2) to section 9(1) (vil) so as to deemed to accrue or arise in India Revenue's Appeal dismissed." 8.7 NEC HCL System Technologies Ltd. vs. ACIT (2016) 46 CCH 0396 DelTrib "TDS-Non-deduction-Disallowance u/s 40a

OCEAN EXIM INDIA PRIVATE LTD,JAIPUR vs. ITO WARD 1(2), JAIPUR

In the result, the appeal of the assessee is dismissed

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

disallowances. In terms of this scheme, Section 40 (which too starts with a non obstante clause overriding Sections 30-38), deals with what cannot be deducted in computing income under the head “Profits and Gains of Business and Profession”. Likewise, Section 40A(2

M/S GANPATI EXCLUSIVE DESIGNER SAREES PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

40A(2) (b) of the Act is not commensurate with the experience of such ladies. 14. As per our considered view, to apply the provisions of section 145(3) of Income Tax Act, there must be finding of the Assessing Officer that books of account are not correct or incomplete or the assessee is not following the proper method

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR vs. M/S GANPATI EXCLUSIVE DESIGNER SAREES PVT. LTD., JAIPUR

In the result, appeal of the assessee is allowed

40A(2) (b) of the Act is not commensurate with the experience of such ladies. 14. As per our considered view, to apply the provisions of section 145(3) of Income Tax Act, there must be finding of the Assessing Officer that books of account are not correct or incomplete or the assessee is not following the proper method

AMIT COLONIZERS LIMITED,JAIPUR vs. ACIT, JAIPUR

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

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

2:- The assessee company has entered into a development agreement with Mr. Jitendra Kumar Yadav on 22.03.2012 for development of Plot No. E-97, Subhash Marg, C-Scheme, Jaipur. During F.Y 2011-12 the assessee paid Rs. 11,00,000/- in cash. Since payments are above Rs. 20,000/- therefore, Section 40A(3) attracted on these payment and same

G.D. MINERALS,JAIPUR vs. ACIT, JAIPUR

In the result, disallowance of supervision charges of Rs

section 40A(2)(b) was excessive or any comparable instances in respect of fair market value of interest are cited, no disallowance

SHRI ANIL KUMAR GUPTA,JHUNJHUNU vs. INCOME TAX OFFICER , JAIPUR

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

2)(a) of the Act. Once the A.O. has crossed the Section 37(1), it assumes the expense is genuine and allowable. The A.O. can invoke section 40A when the expense is otherwise allowable under Section 30 to 37 and for disallowance