SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

disallowed u/s 37(1) of the Act. It is submitted that section 44AD starts with a non-obstante clause and provides that “Notwithstanding anything to the contrary contained in sections 28 to 43C

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

disallowed u/s 37(1) of the Act. It is submitted that section 44AD starts with a non-obstante clause and provides that “Notwithstanding anything to the contrary contained in sections 28 to 43C

SHRI DINESH OJHA,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result appeal of the assessee is partly allowed

disallowing the same on account of not explaining the cash deposit transaction. The ld CIT(A) has not appreciated the fact that the assesse is earning income from business since long (year 2003) and also filing return of income where the amount of cash in hand at end of the year is declared along with the capital balance

MUKESH SONI,JAIPUR vs. INCOME TAX OFFICER, WARD 5(1), JAIPUR

In the result, appeal of the assessee is allowed

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

disallowance/ addition u/s 68 of the IT Act. Reliance is placed in this regard on various judgments mentioned in the annexed list forming part of judicial pronouncements herewith :- 14. It is respectfully submitted that it is an established fact that only cash credits can be considered u/s. 68 and not trade receipts. In this regard the appellant craves leave

M/S ZEEN -ZAR CHARITABLE FOUNDATION TRUST NOON HOSPITAL & RESEARCH CENTRE,JHALAWAR vs. INCOME TAX OFFICER (EXEMPTION), KOTA

In the result, the appeal filed by the assessee is allowed

disallowing the depreciation which was claimed under Section 32 of the Act was that once the capital expenditure is treated as application of income for charitable purposes, the assessees had virtually enjoyed a 100 per cent write off of the cost of assets and, therefore, the grant of depreciation would amount to giving double benefit to the assessee. Though

AKSH OPTIFIBRE LIMITED,NEW DELHI vs. ACIT, CIRCLE - 2, ALWAR

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

disallowed that claim, that view was upheld..........\n28. This court notices that there are not less than 100 instances. For instance. Section\n35A. 35AB (3), 35ABB, 35D (5): 35DDA; 358; 41 (1) (Any benefit accrued by the\namalgamated co.) from cessation of liability of amalgamating company shall be taxed in\nthe hands of the amalgamated company