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

vii) Reliance is placed on the judgement dated 30.10.2017 of Hon’ble ITAT, Jaipur in the case of M/s. Motisons Buildtech Pvt. Ltd. Vs ACIT in ITA No. 481 /JP/2017 for AY 2009-10, wherein the appeal of the revenue on the same issue was dismissed. Further, the above judgement was followed by the Hon’ble ITAT, Jaipur

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

vii) Reliance is placed on the judgement dated 30.10.2017 of Hon’ble ITAT, Jaipur in the case of M/s. Motisons Buildtech Pvt. Ltd. Vs ACIT in ITA No. 481 /JP/2017 for AY 2009-10, wherein the appeal of the revenue on the same issue was dismissed. Further, the above judgement was followed by the Hon’ble ITAT, Jaipur

CHAMBAL FERTILISERS AND CHEMICALS LIMITED,KOTA vs. DCIT, KOTA

In the result, appeal of the revenue is dismissed

vii) Allowing rent of Rs. 7,13,862/- paid to a person specified u/s 40A(2)(b); viii) Holding that the donation of Rs. 76,15,213/- made by the assessee to DAV Trust was expenditure incurred wholly and exclusively for the purpose of business of the assessee; ix) Deleting the addition of Rs. 13,31,39,886/- made

CHAMBAL FERTILISERS AND CHEMICALS LIMITED,KOTA vs. ACIT, KOTA

In the result, appeal of the revenue is dismissed

vii) Allowing rent of Rs. 7,13,862/- paid to a person specified u/s 40A(2)(b); viii) Holding that the donation of Rs. 76,15,213/- made by the assessee to DAV Trust was expenditure incurred wholly and exclusively for the purpose of business of the assessee; ix) Deleting the addition of Rs. 13,31,39,886/- made

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

vii) Allowing rent of Rs. 7,13,862/- paid to a person specified u/s 40A(2)(b); viii) Holding that the donation of Rs. 76,15,213/- made by the assessee to DAV Trust was expenditure incurred wholly and exclusively for the purpose of business of the assessee; ix) Deleting the addition of Rs. 13,31,39,886/- made

ASSOCIATED SOAPSTONE DISTRIBUTING CO PRIVATE LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -2, JAIPUR, JAIPUR

vii) Accordingly the disallowance u/s 14A r.w. Rule 8D(2) of\nthe Act should have been added in the income of the assessee.\nSince the AO has not considered this issue while completing\nthe assessment in this case, the assessment order passed under\nsection 143(3) dated 17.03.2021 is held to be erroneous and\nprejudicial to the interest

M/S. MAHARAJA SHREE UMAID MILLS LTD. JAIPUR,JAIPUR vs. DCIT CIRCLE-6, JAIPUR, CIRCLE-6, JAIPUR

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

disallowed commission payment of Rs.19,56,000/- u/s 40(a)(ia) of IT Act. The Ld. CIT(A) confirmed the order of AO stating that as per Explanation 2 to section 195, assessee is required to deduct tax at source on payment made to non-residents whether or not he has a residence or place of business or business connection

CASTAMET WORKS PRIVATE LIMITED,KHARWA vs. PRINCIPLE COMMISSIONER OF INCOME TAX, UDAIPUR

disallowance u/s 14A of the Act as these expenditure are incurred purely for business purpose and not for making investments. 81. Accordingly, being satisfied with the basis of computation of disallowance u/s 14A of the Act, the Ld.AO taken a plausible view on allowability of the same which is legally allowed as it is usual that interest free funds would

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

disallowance of\nRs.5,26,000/- confirmed by the Ld. CIT(A) is against the provisions of the Act and\nthe same be deleted.\n7.\nThe Id. AR of the assessee in addition to the above written\nsubmission so filed vehemently argued that it is not disputed by the revenue\nthat the case was reopened by ITO, Ward 4(1), Chandigarh

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)

disallowance of Sh. Hari Prakash Gupta vs. ITO Rs.5,26,000/- confirmed by the Ld. CIT(A) is against the provisions of the Act and the same be deleted. 7. The ld. AR of the assessee in addition to the above written submission so filed vehemently argued that it is not disputed by the revenue that the case was reopened

SHREE CEMENT LIMITED,BANGUR NAGAR vs. ACIT, CENTRAL CIRCLE, AJMER

In the result, the appeal of the assessee - appellant in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

56 Shree Cement Limited vs. ACIT 45. After considering submissions of the both the sides, we find that though the Hon'ble Gujarat High Court in the case of Gujarat State Road Transport Corporation (supra) has held that if the payment to PF and ESI are not being made within the due date prescribed under those Act, then deduction will

DEPUTY COMMISSIONER OF INCOME TAX,, CIRCLE-1, JAIPUR vs. PRAKASH CHANDRA MISHRA, JAIPUR

Appeal of the revenue is dismissed

vii), read in its plain, same envisages the fulfilment of two conditions: services, which are source of income sought to be taxed in India must be (1) utilized in India and (ii) rendered in India. In the present case, both these conditions have not been satisfied simultaneously. Thus, it has been proved by the ld. AR of the assessee that

HOLIDAY TRIANGLE TRAVEL PRIVATE LIMITED,GURGAON vs. INCOME TAX OFFICER, JAIPUR

In the result, appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

disallowance vide his order dated 05.12.2023. 4. Aggrieved by the said order of the CIT(A), the assessee preferred appeal before us. At the time of hearing before us, the ld. A/R of the assessee has submitted his written submission as under :- “ The assessee, during the year had sold 1013 equity shares of the company, and had received share premium

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

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

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

disallowing loss incurred by the assessee in the 16 Lovely promoters Pvt. Ltd. vs. ACIT transaction on stock exchange and addition of Rs. 2,19,763/- u/s. 69C of the Act by alleging that such expenses ought to be incurred on accommodation entry of loss. 7. The said order of the AO was confirmed by the ld. CIT(A), Jaipur

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD., KOTA

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

56,08,94,534/-, made by the Assessing Officer on account of disallowance of interest , u/s 36(1)(iii) of the Act. Club Expenses o6 ITA No. 1090, 1097 TO 1099 & 1091/JPR/2024 Chambal Fertilizers and Chemicals Ltd., Kota Department has also challenged the impugned order whereby Learned CIT(A) deleted addition of Rs. 16,25,226/-, made by the Assessing

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD, KOTA

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

56,08,94,534/-, made by the Assessing Officer on account of disallowance of interest , u/s 36(1)(iii) of the Act. Club Expenses o6 ITA No. 1090, 1097 TO 1099 & 1091/JPR/2024 Chambal Fertilizers and Chemicals Ltd., Kota Department has also challenged the impugned order whereby Learned CIT(A) deleted addition of Rs. 16,25,226/-, made by the Assessing

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD, KOTA

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

56,08,94,534/-, made by the Assessing Officer on account of disallowance of interest , u/s 36(1)(iii) of the Act. Club Expenses o6 ITA No. 1090, 1097 TO 1099 & 1091/JPR/2024 Chambal Fertilizers and Chemicals Ltd., Kota Department has also challenged the impugned order whereby Learned CIT(A) deleted addition of Rs. 16,25,226/-, made by the Assessing

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

56. Section 153A of the Act is titled "Assessment in case of search or requisition". It is connected to Section 132 which deals with 'search and seizure'. Both these provisions, therefore, have to be read together. Section 153A is indeed an extremely potent power which enables the Revenue to re open at least six years of assessments earlier