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 was computed under section 14A r.w.r 8D and confirmed an addition of Rs. 24.90 lakhs (i.e. proportionate expenditure of Rs. 22.03 lakhs and half percent of average investments of Rs. 2.86 lakhs) and directed the AO to delete the balance addition of Rs. 35,67,55

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

disallowance made\nunder provisions of section 43B of the Act in respect of Goods & Service Tax payable.\nThe short contention of the assessee is that GST amounting to Rs.3,55

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

disallowance made\nunder provisions of section 43B of the Act in respect of Goods & Service Tax payable.\nThe short contention of the assessee is that GST amounting to Rs.3,55

AHLUWALIA ERECTORS & FABRICATORS PRIVATE LIMITED, KOTA,KOTA vs. DCIT/ACIT CIR-2, KOTA, KOTA

In the result the appeal of\nthe assessee in ITA no 199/JP/2025 is allowed for statistical purposes

disallowance made\nunder provisions of section 43B of the Act in respect of Goods & Service Tax payable.\nThe short contention of the assessee is that GST amounting to Rs.3,55

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

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

MODERN INSULATORS LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR

In the result, appeal of the assessee is allowed

section 14A of the Act. He has also submitted that the assessee’s own funds are more than sufficient to source the investments and, therefore, the disallowance made by the AO without considering the fact of availability of assessee’s own funds is not sustainable in law. In support of his contention, he has relied upon the decision

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

disallowance is called for under section 40(a)(ia) of the Act. However, since these declarations were not verified by the AO, therefore, for this limited purpose we set aside the issue to the record of the AO to verify the correctness and genuineness of the declaration. Ground No. 3 is regarding an addition

M/S TRIVENI QUALITY MINERALS PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER, WARD-6-3, JAIPUR

In the result, appeal of the assessee is allowed

disallowance under section 43B of Rs. 5,55,346/-. The AO initiated the penalty proceedings under section 271(1)(c) and levied

FEDERATION OF RAJASTHAN TRADE AND INDUSTRY,JAIPUR vs. ITO-EXEMPTION WARD-2, JAIPUR

In the result, the appeal filed by the assessee is allowed for statistical purposes

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

55(2)(b) (i) & (ii) of Income Tax Act. 6. That the Ld. Commissioner Appeals has grossly erred in not allowing the opportunity of personal hearing on 29.12.2023 considering the fact that the Notice U/s 250 was issued to file the written submission on or before 28.12.2023 and further passed the order on 29.12.2023 as such rule of principle

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

AGRASEN ENGINEERING INDUSTRIES PRIVATE LIMITED,JAIPUR vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, the appeal of the assessee is allowed

Bench: Him.

55,037/- the assessee was asked show cause as to why disallowance u/s 14A of the Act read with rule 8D of the IT Rules, 1962 should not be made. In that matter, the assessee filed a reply on 16.02.2021. Ld. AO considered that reply of the assessee but found that same was not tenable as the assessee had made

A DAGA ROYAL ARTS,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

disallowed u/s 40A(3) of the Act. The Hon’ble High Court held that rule 6DD(j) is not exhaustive of the circumstances in which the proviso to section 40A(3) is applicable and it only illustrative. The Hon’ble High Court refers to the decision of the Hon’ble Rajasthan High Court in case of Smt. Harshila Chordia

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

In the result, appeal of the assessee in ITA No

disallowance under section 14A of the Act read with Rule 8D is warranted. 4. That the appellant craves leave to add, amend and/or alter the grounds of appeal at a later date.” 2. Grounds no. 1 to 3 are against invoking the provisions of Section 14A of the Income Tax Act, 1961 (hereinafter referred to as the Act) read with

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 could be made. In support, reliance is placed on the decision of Hon’ble Punjab and Haryana High Court in case of Gurdas Garg vs. CIT [2015] 63 taxmann.com 289. It was submitted that the provisions of section 40A(3) have been enacted as one of the measures for countering evasion of tax. The provisions were enacted to enable

SANJIV PRAKASHAN,JAIPUR vs. ACIT, CIRCLE-1, JAIPUR

section 143(1)(a) makes it very clear that no such adjustment shall be made unless an intimation is given to assessee of such adjustment either in writing or in electronic mode - Held, yes [Para 7] [In favour of assessee] 52-54 5 Siddhi Vinayaka Graphics (P.) Ltd. v. ADIT/ACIT [2023] 150 taxmann.com 297 (Kolkata - Trib. SMC) In this case