ASSISTANT COMMISSIONER OF INCOME TAX,EXEMPTIONS,CIRCLE,JAIPUR, JAIPUR vs. GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY, JAIPUR RAJASTHAN

In the results the appeal of the revenue stands dismissed

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

disallowances from interest expenditure of Rs.47,13,333/-". j. "Appellant craves the right to add, alter or amend any grounds of appeal before the Hon. ITAT in the interest of justice." 3. The fact as culled out from the records is that the assessee is registered as a society under the Registration on Societies Act, 1958. The assessee is also

ACIT(EXEMPTION), JAIPUR vs. MAHIMA SHIKSHA SAMITI, JAIPUR

In the result, all the grounds taken by the Revenue are dismissed and ground taken by the assessee society is allowed

section 12AA as a charitable entity undertaking educational activity and thus qualify as an eligible entity for receiving contributions from the assessee society. The contribution of Rs 3,86,84,912 is made by the assessee society out of income generated during the year under consideration as apparent from the return of income and computation of income available

RAMAKANT SHARMA,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 264/Jp/2017 Assessment Year: 2007-08 Shri Ramakant Sharma, Cuke I.T.O., Vs. S/O- Shri Ramesh Chand Sharma, 1 Ward-3(5), Vimal Kunaj, Vidyut Nagar, Behind Jaipur. Bharat Petrol Pump, Jaipur. Pan No.: Bjrps 5130 A Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Vedant Agarwal (Adv) & Shri Satish Gupta (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 26/11/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 07/12/2020 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)-1, Jaipur Dated 05/12/2016 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. On The Facts & Circumstances Of The Case & In Law Also Ld. Lower Authorities Grossly Erred In Initiating Reassessment Proceedings U/S 147 Of The Act. 2. On The Facts & Circumstances Of The Case & In Law Also Ld. A.O. Grossly Erred In Resuming Jurisdiction Without Serving Notice U/S 148 On The Appellant Assessee As Notice Issued U/S 148 Was Not Served On The Appellant.

section 50C ignoring the fact that transfer was made vide sale agreement on dated 22.01.2006. 12. On the facts & circumstances of the case and law also ld. Ld. CIT (A) grossly erred in modifying the assessment order passed u/s 147/143(3) of the Act to the order passed u/s 147/144 of the Act without giving any opportunity for same

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

3 raised by the Assessee are allowed." (xvi) In view of the above discussion and the judicial pronouncements, it is held that the AO was not justified in making disallowance u/s 40(a) (ia) of the Act, in respect of persons whose PAN have been obtained as in view of the provision of section 194C

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

3 raised by the Assessee are allowed." (xvi) In view of the above discussion and the judicial pronouncements, it is held that the AO was not justified in making disallowance u/s 40(a) (ia) of the Act, in respect of persons whose PAN have been obtained as in view of the provision of section 194C

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

3 raised by the Assessee are allowed." (xvi) In view of the above discussion and the judicial pronouncements, it is held that the AO was not justified in making disallowance u/s 40(a) (ia) of the Act, in respect of persons whose PAN have been obtained as in view of the provision of section 194C

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

3 raised by the Assessee are allowed." (xvi) In view of the above discussion and the judicial pronouncements, it is held that the AO was not justified in making disallowance u/s 40(a) (ia) of the Act, in respect of persons whose PAN have been obtained as in view of the provision of section 194C

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

70,02,212 4477.20 9% 305 3,74,24,514 6 5.00 9% India Steamship Limited 233 28,726 510.00 9% 233 29,30,055 Total Disallowance 35,92,45,372 21 ITA NO. 201(6)/JP/2017 M/s. Chambal Fertilizers & Chemicals Ltd. Hence, the AO held that the assessee had utilized a part of its borrowing for making investments

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

In the result, appeal of the revenue is dismissed

70,02,212 4477.20 9% 305 3,74,24,514 6 5.00 9% India Steamship Limited 233 28,726 510.00 9% 233 29,30,055 Total Disallowance 35,92,45,372 21 ITA NO. 201(6)/JP/2017 M/s. Chambal Fertilizers & Chemicals Ltd. Hence, the AO held that the assessee had utilized a part of its borrowing for making investments

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

In the result, appeal of the revenue is dismissed

70,02,212 4477.20 9% 305 3,74,24,514 6 5.00 9% India Steamship Limited 233 28,726 510.00 9% 233 29,30,055 Total Disallowance 35,92,45,372 21 ITA NO. 201(6)/JP/2017 M/s. Chambal Fertilizers & Chemicals Ltd. Hence, the AO held that the assessee had utilized a part of its borrowing for making investments

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTA vs. M/S SHIV VEGPRO PVT. LTD., KOTA

In the result, appeal of the revenue is dismissed

disallowance of commission payment and freight payment total amounting to Rs. 12,83,51,717/-. The assessee challenged the action of the AO before the ld. CIT (A) both on merits of the addition as well as validity of reopening of the assessment. The ld. CIT (A) deleted the addition made by the AO. However, the ground raised

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

70,090/-.\n5.1.3 I have considered the reasoning of the assessing officer and the\nexplanation offered by the appellant. As per the provisions of section 43B,\nPayments in respect of taxes and Government dues can be claimed as\nexpenditure only on actual payment on or before the due date of return. This\nsection has been enacted to enforce.\nThis section

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

70,090/-.\n5.1.3 I have considered the reasoning of the assessing officer and the\nexplanation offered by the appellant. As per the provisions of section 43B,\nPayments in respect of taxes and Government dues can be claimed as\nexpenditure only on actual payment on or before the due date of return. This\nsection has been enacted to enforce.\nThis section

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

70,090/-.\n5.1.3 I have considered the reasoning of the assessing officer and the\nexplanation offered by the appellant. As per the provisions of section 43B,\nPayments in respect of taxes and Government dues can be claimed as\nexpenditure only on actual payment on or before the due date of return. This\nsection has been enacted to enforce.\nThis section

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

In the result, the ground No

disallowances so made by the Assessing officer. 11. The Co-ordinate Bench in case of ITO vs. Anthelio Business Technologies Pvt. Ltd. 78 taxmann.com 203 (Mumbai) in context of deduction under section 10B relying on the aforesaid CBDT Circular has taken a similar view and it would be relevant to refer to the findings of the Co-ordinate Bench which

CAREER POINT LIMITED,KOTA, RAJASTHAN vs. PRINCIPAL COMMISSIONER OF INCOME TAX, UDAIPUR, RAJASTHAN

In the result, the appeal of the assessee is allowed

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

3) read with Section 143(3A) and 143(3B) of the Income Tax Act, 1961.” The ld. A/R now raised the main issue in this case is whether the ld. Pr. CIT was justified in invoking jurisdiction under section 263 of the I.T. Act, 1961 and thereby proposing to make disallowance of Rs. 2,53,26,820/- under section

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

disallowance of Rs 44,02,650/- u/s 40(a)(ia) of the Act on account of non-deduction of TDS. 3. As is evident from the grounds of appeal that the issue raised in all these bunch of appeal are identical and of the same assessee, we have heard these cases together with the consent of the parties and have

ST. WILFRED EDUCATIONAL SOCIETY,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) RAJASTHAN, JAIPUR

3,180 cleared on 17.02.2014 respectively and copy of their confirmations addressed to DCIT(Exemption), Circle 1, Jaipur are available on record. Therefore, there is nothing on record to suggest that the scholarship payments are not genuine and the amount has been withdrawn by the assessee society in the guise of scholarship expenses. ITA 09 & 10/JP/2019_ 29 St. Wilfred Education