SHRI DIGAMBER JAIN ATIKSHAYA KESHTRA,PADAMPUA vs. ITO EXEMPTION WARD 1, KAILASH HEIGHTS

In the result appeal of the assessee is partly allowed

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

12A of the Act, its total income is required to be computed in accordance with section 11, 12 & 13 of the Act and provision of these sections do not envisage any notional application of income. In the case of trusts/institutions, their income is exempt from tax under section 11 and 12 of the Act. Therefore, in these cases national deduction

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

12A of the I.T. Act, 1961. The total income of the trust (before allowing exemption under sections 11 and 12) exceeds the maximum amounts which is not chargeable to tax, it is required to file its return in Form ITR-7, before the date specified in section 139. However, no return of income was filed. There was information with

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR ,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

reassessment\norder passed by Assessing Officer under Section 143(3) read with Section 147 is\nbad in law—Assessee's grounds allowed.\nPrayer: Thus in view of the above facts, circumstances and the legal position of\nlaw the proceedings so initiated and assessment so passed may kindly be\nquashed.\n4. The Id. AO has denied the exemption u/s

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

reassessment\norder passed by Assessing Officer under Section 143(3) read with Section 147 is\nbad in law—Assessee's grounds allowed.\nPrayer: Thus in view of the above facts, circumstances and the legal position of\nlaw the proceedings so initiated and assessment so passed may kindly be\nquashed.\n4. The Id. AO has denied the exemption u/s

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)

reassessment is considered void and illegal without considering the merits of the addition of 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

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 u/s 147/148 of 1.T. Act, 1961 & reopened the case. That the Ld. CIT(A) also erred in upholding the action of Ld. A.O. for reopening of Assessment. 2 OM KOTHARI FOUNDATION VS ITO (EXEMPTION), WARD -1 , JAIPUR 2. That the Ld. A.O. grossly erred on Law and Facts in not accepting the order of Higher Authorities

SHRI PARNAMI PANCHAYAT,JAIPUR vs. ITO, (EXEMPTIONS), WARD-1, JAIPUR, JAIPUR

In the result appeal of the assessee is allowed

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

reassessment 30.09.2017 Page 1 proceedings. Date of filing of appeal by assessee trust 16.11.2017 Page 1 before NFAC Date of grant of registration by ld. CIT(E) to the 27.10.2018 Page 1 assessee trust under section 12AA Date of order passed by NFAC in case of 18.11.2022 Page 1 assessee trust in appellate proceeding 9. At time of passing

MUKESH JAIN HUF,JAIPUR vs. DCIT, JAIPUR

In the result, the appeal of the assessee is allowed

12A, 1st Avenue, Lal Bahadur\nNagar, JLN Marg, Jaipur\n\nबनाम\n\nDCIT,\nCircle-06,\nJaipur\n\nस्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AADHM6397P\n\nअपीलार्थी / Appellant\n\nप्रत्यर्थी / Respondent\n\nनिर्धारिती की ओर से / Assessee by : Sh. Tarun Mittal, CA\nराजस्व की ओर से / Revenue by : MS. Alka Gautam, CIT-DR\n\nसुनवाई की तारीख / Date of Hearing

SETH BADRI PRASAD UMMEDI DEVI PAROPKARI TRUST,JAIPUR vs. INCOME TAX OFFICER (EXEMPTION), JAIPUR

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

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

reassessment order passed u/s 144/147 dated 13/12/2018 and impugned order 5 Seth Badri Prasad Ummedi Devi Paropkari Trust passed by Commissioner (Appeals) u/s 250 dated 30/06/2023 are unjust, not maintainable and liable to be cancelled. 2. That on the facts and In law the impugned order passes by the Id. Commissioner (Appeals) is most arbitrary, unjust, untenable and liable

ARYA SAMAJ MANDIR ,BHILWARA vs. CIT(E) , JAIPUR

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

reassessment [or fresh order under section 92CA, as the case may be],\nsuch effect shall be given within a period of three months from the end of the month in\nwhich order under section 250 or section 254 or section 260 or section 262 is received by\nthe Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or\nCommissioner

BHARTIYA SHIKSHA PRACHAR SAMITI TONK,TONK vs. CIRCLE(EXEMP.), JAIPUR, JAIPUR

In the result ITA No. 1094/JPR/2024 (A

Bench: Shri Gagan Goyal & Shri Narinder Kumar

section 12A(2) specifically provides that no action u/s. 147 shall be taken by the AO in case of such trust or institution for any assessment year preceding the aforesaid assessment year only for non- registration of such trust or institution for the said assessment year and the AO has not made any addition on the basis of information

BHARTIYA SHIKSHA PRACHAR SAMITI TONK,TONK vs. CIRCLE(EXEMP.), JAIPUR, JAIPUR

In the result ITA No. 1094/JPR/2024 (A

Bench: Shri Gagan Goyal & Shri Narinder Kumar

section 12A(2) specifically provides that no action u/s. 147 shall be taken by the AO in case of such trust or institution for any assessment year preceding the aforesaid assessment year only for non- registration of such trust or institution for the said assessment year and the AO has not made any addition on the basis of information

ROHIT LADIWALA,JAIPUR vs. DCIT, CENTRAL CIRCLE-1, JAIPUR

12A) and, therefore, addition u/s 68 can also be made, irrespective of whether credit entries are made in the books of account of the assessee or not. Alternatively, in case the money itself is treated as unexplained as the same is taxable u/s 69A of the Act. It is held accordingly. Based on the material available on file

ARYA SAMAJ MANDIR ,BHILWARA vs. CIT(E), JAIPUR

Bench: The Date Of Hearing.”

reassessment [or fresh order under section 92CA, as the case may be], such effect shall be given within a period of three months from the end of the month in which order under section 250 or section 254 or section 260 or section 262 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner

KAILASH CHAND MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRALCIRCLE-2, JAIPUR

12A) and, therefore, addition u/s 68 can also be made,\nirrespective of whether credit entries are made in the books of account of the\nassessee or not.\nIn view of the above discussion this ground of appeal is dismissed in above terms.\nGround No. 3\nUnder the facts and circumstances of the case the Learned CIT(A) has erred

KAILASH CHAND MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

12A) and, therefore, addition u/s 68 can also be made, irrespective of whether credit entries are made in the books of account of the assessee or not. In view of the above discussion this ground of appeal is dismissed in above terms. Ground No. 3 Under the facts and circumstances of the case the Assessing Officer has erred in making

KAILASH CHAND MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , JAIPUR

12A) and, therefore, addition u/s 68 can also be made,\nirrespective of whether credit entries are made in the books of account of the\nassessee or not.\nIn view of the above discussion this ground of appeal is dismissed in above terms.\nGround No. 3\nUnder the facts and circumstances of the case the Assessing Officer has erred in\nmaking

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

section u/s 147/148\nof 1.T. Act, 1961 & reopened the case. That the Ld. CIT(A)\nalso erred in upholding the action of Ld. A.O. for reopening of\nAssessment.\n2. That the Ld. A.O. grossly erred on Law and Facts in not\naccepting the order of Higher Authorities on the same issues\nwhich got finality and on which he again