GROUP ZERO,JAIPUR vs. INCOME TAX OFFICER WARD 6(2), JAIPUR , JAIPUR

In the result, all these appeals of the assessees are allowed

section 36(1)(va) jof the Act of Rs. 3,97,112 and Rs. 1,73,243 on account of late deposit of employees contribution of PF and ESI respectively without appreciating the fact that the same was deposited before due date of filing of return and by not following the binding decision of jurisdictional High Court of Rajasthan that

DEVI SHANKER,JAIPUR, RAJASTHAN vs. DCIT, CPC, BANGALORE, BANGALORE, KARNATAKA

In the result, all these appeals of the assessees are allowed

section 36(1)(va) jof the Act of Rs. 3,97,112 and Rs. 1,73,243 on account of late deposit of employees contribution of PF and ESI respectively without appreciating the fact that the same was deposited before due date of filing of return and by not following the binding decision of jurisdictional High Court of Rajasthan that

KARNI KEHAR SECURITY CO-OPERATIVE SOCIETY LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1, JAIPUR

In the result, all these appeals of the assessees are allowed

section 36(1)(va) jof the Act of Rs. 3,97,112 and Rs. 1,73,243 on account of late deposit of employees contribution of PF and ESI respectively without appreciating the fact that the same was deposited before due date of filing of return and by not following the binding decision of jurisdictional High Court of Rajasthan that

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated hereinabove

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

73,140 Nil Nil CSR expenses 6,41,42,000 6,41,42,000 1,41,42,000 Deduction u/s 80IA 15,33,95,189 Nil Nil Disallowance u/s 14A 71,75,575 71,75,575 71,75,575 Service Tax Receivable 1,93,00,000 1,93,00,000 Set aside Excess provision

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

In the result, appeal of the revenue is dismissed

section 36(1)(iii) of the Act as under:- S. MF Investment Redemption Dividend Interest No Days Income Disallowed In INR Date In INR Date 1 Birla Sunlife 50,000,000 23-Jun-11 50,000,000 28-Jun-11 44,587.39 5 61,643.84 15-Apr-11 2 Reliance

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

In the result, appeal of the revenue is dismissed

section 36(1)(iii) of the Act as under:- S. MF Investment Redemption Dividend Interest No Days Income Disallowed In INR Date In INR Date 1 Birla Sunlife 50,000,000 23-Jun-11 50,000,000 28-Jun-11 44,587.39 5 61,643.84 15-Apr-11 2 Reliance

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

section 36(1)(iii) of the Act as under:- S. MF Investment Redemption Dividend Interest No Days Income Disallowed In INR Date In INR Date 1 Birla Sunlife 50,000,000 23-Jun-11 50,000,000 28-Jun-11 44,587.39 5 61,643.84 15-Apr-11 2 Reliance

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated\nhereinabove

73,140 | Nil | Nil\n| CSR expenses | 6,41,42,000 | 6,41,42,000 | 1,41,42,000\n| Deduction u/s 80IA | 15,33,95,189 | Nil | Nil\n| Disallowance u/s 14A | 71,75,575 | 71,75,575 | 71,75,575\n| Service Tax Receivable | 1,93,00,000 | 1,93,00,000 | Set aside\n| Excess provision

KANHAIYALAL RAMESHWAR DAS,KOTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

disallowance of unabsorbed depreciation.\nThe assessee filed the appeal before the Id. CIT(A)-4, Jaipur which\nwas disposed off vide order 04-04-2018 by the Id. CIT(A). After giving the\neffect of the above order, the assessed income was reduced to\nRs.1,05,94,050/- which was as declared in the revised return of income\nfiled

DCIT, CENTRAL CIRCLE-2, JAIPUR, CENTRAL CIRCLE-2 JAIPUR vs. SHRI PRAKASH CHAND SHARMA, C-42, GOKUL PATH VAISHALI NAGAR, JAIPUR, JAIPUR

In the result, appeals of the revenue are dismissed

Bench: Ao On The Charge Of Concealment Of Income.

disallowance of certain expenses, since this issue has been set aside by the Tribunal to the record of the AO, therefore the addition itself is no more in existence and consequently the penalty levied under section 271(1)(c) in respect of such addition would not survive. Therefore, the penalty levied by the AO against the additions made

DCIT, CENTRAL CIRCLE-2, JAIPUR, CENTRAL CIRCLE-2 JAIPUR vs. SHRI PRAKASH CHAND SHARMA, C-42, GOKUL PATH VAISHALI NAGAR, JAIPUR, JAIPUR

In the result, appeals of the revenue are dismissed

Bench: Ao On The Charge Of Concealment Of Income.

disallowance of certain expenses, since this issue has been set aside by the Tribunal to the record of the AO, therefore the addition itself is no more in existence and consequently the penalty levied under section 271(1)(c) in respect of such addition would not survive. Therefore, the penalty levied by the AO against the additions made

DCIT, CENTRAL CIRCLE-2, JAIPUR, CENTRAL CIRCLE-2 JAIPUR vs. SHRI PRAKASH CHAND SHARMA, C-42, GOKUL PATH VAISHALI NAGAR, JAIPUR, JAIPUR

In the result, appeals of the revenue are dismissed

Bench: Ao On The Charge Of Concealment Of Income.

disallowance of certain expenses, since this issue has been set aside by the Tribunal to the record of the AO, therefore the addition itself is no more in existence and consequently the penalty levied under section 271(1)(c) in respect of such addition would not survive. Therefore, the penalty levied by the AO against the additions made

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

1,89,47,976.00 Sub Total 50,76,20,693.36 60,18,98,460.00 2010-11 8,37,24,064.55 27,48,064.00 2011-12 8,60,16,075.33 8,75,24,252.00 Total 67,73,60,833.24 69,21,70,776.00 On perusal of above figures, it is clear that over the period of 11 years

ITO, WAR-4(1), JAIPUR vs. SHRI AMIT AGARWAL, JAIPUR

In the result, this appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

73,870.00 51 purchase 27.03.2017 Local Lavis Silver Arts 17,99,670.00 52 purchase 25.03.2017 Local Varndavan Jewellers 18,08,279.44 53 purchase 25.03.2017 Local Varndavan Jewellers 7,72,803.16 54 purchase 17 ITA 267/JP/2020_ ITO Vs Amit Agarwal 25.03.2017 Local Varndavan Jewellers 38,44,500.00 55 purchase 27.03.2017 Local Lavis Silver Arts 21,28,595.56 56 purchase 27.03.2017 Local

VAIBHAV GLOBAL LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5, JAIPUR

In the result, the penalty is directed to be deleted and appeal of the assessee is allowed

73 taxmann.com 241 (Karnataka High Court) c. Mitsu Industries Ltd. ITA No. 216 of 2004, Gujarat High Court Vaibhav Global Ltd. vs. ACIT 18. Further, our reference was drawn to following decisions of Coordinate Benches: a. Narayana Heights & Towers, Vs. I.T.O. Ward – 2- 4 Jaipur (ITA No. 1033/JP/2016) has cancelled the penalty by holding that: - “3.2 We have heard

VAIBHAV GLOBAL LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5, JAIPUR

In the result, the penalty is directed to be deleted and appeal of the assessee is allowed

73 taxmann.com 241 (Karnataka High Court) c. Mitsu Industries Ltd. ITA No. 216 of 2004, Gujarat High Court Vaibhav Global Ltd. vs. ACIT 18. Further, our reference was drawn to following decisions of Coordinate Benches: a. Narayana Heights & Towers, Vs. I.T.O. Ward – 2- 4 Jaipur (ITA No. 1033/JP/2016) has cancelled the penalty by holding that: - “3.2 We have heard

SMT. JYOTI AGARWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

In the result, appeals of the assessee in ITA nos

disallowance of interest claim expenses. The AO then initiated the proceedings for levy of penalty under section 271AAB of the IT Act by issuing a show cause notice dated 27.12.2017. The AO while passing the penalty 3 ITA Nos. 1373(4)-18/JP/2018 Smt. Jyoti Agrawal, Kota. order dated 27st June, 2018 has levied the penalty under section 271AAB(1

OM KOTHARI FOUNDATION,JAIPUR, RAJASTHAN vs. ITO, (EXEMPTION) WARD-1, JAIPUR, JAIPUR, RAJASTHAN

In the result, the appeals of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

section 32(1) would mean double deduction, which is not permissible in view of the decision of the Apex Court in the case of Escorts Ltd. v. Union of India [1993] 199 ITR 43/[1992] 65 Taxman 420. The depreciation being notional expenditure will not fall under the expression 'actually applied' as held by the Apex Court in the case

ALSISAR HOTELS & RESORTS PVT LTD,JAIPUR vs. CIT APPEALS , CIRCLE-1 INCOME TAX DEPARTMENT JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Us.

73,352/- which was processed U/s 143(1) and in terms of intimation dated Alsisar Hotels & Resorts Pvt. ltd. vs. DCIT 07.05.2020 issued by CPC, it made disallowance of Rs. 79,644/- towards employee’s contribution towards ESI and PF. On appeal, the ld. CIT(A), NFAC has confirmed the disallowance made U/s 143(1) on account of assessee