DCIT, JAIPUR vs. RAJASTHAN COOPERATIVE DAIRY FEDERATION LTD, JAIPUR

In the result the appeal of the revenue in ITA No

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

68 : (2010) 321 ITR 508 (Del) , (Delhi High Court); CIT vs. Sabari Enterprises (2007) 213 CTR (Kar) 269 : (2008) 2 DTR (Kar) 394 : (2008) 298 ITR 141 (Kar) (Karnataka High Court).; CIT vs. Pamwi Tissues Ltd. (2008) 215 CTR (Bom) 150 : (2008) 3 DTR (Bom) 66 : (2009) 313 ITR 137 (Bom) (Bombay High Court); CIT vs. Udaipur Dugdh Utpadak Sahakari

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

36. It was further submitted that it is an established legal position that granting of loan or financial assistance by a charitable trust/institution for advancement of its own objectives is application of income under section 11(1)(a) of the Act. It has also been clarified in the CBDT Circular No. 100 Mahima Shiksha Samiti, Jaipur vs. ACIT,(Exemption

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)

VIA. It has also been reported by AO that a survey action was initiated in the case of the assessee on 21.06.2023. During the survey, it was found out that there was no Solid Waste Management System and Water Treatment System as envisaged under section 80-IA of the Act in existence anywhere in the plants of the assessee

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)

36(1)(iii) of the Act in respect of the amounts said to have been invested in subsidiaries/group companies/associates , and to remit the matter to Learned Assessing Officer for decision afresh so as to record finding as to interest free funds available with the assessee during the assessment years under consideration, after verification of all relevant documents relied on behalf

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)

36(1)(iii) of the Act in respect of the amounts said to have been invested in subsidiaries/group companies/associates , and to remit the matter to Learned Assessing Officer for decision afresh so as to record finding as to interest free funds available with the assessee during the assessment years under consideration, after verification of all relevant documents relied on behalf

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)

36(1)(iii) of the Act in respect of the amounts said to have been invested in subsidiaries/group companies/associates , and to remit the matter to Learned Assessing Officer for decision afresh so as to record finding as to interest free funds available with the assessee during the assessment years under consideration, after verification of all relevant documents relied on behalf

RSD CONTAINERS PRIVATE LIMITED,JAIPUR vs. ITO, WARD 7(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

via letter dated 01.06.2022), Passed speaking order u/s 148A(d) on 28.07.2022, Issued fresh notice u/s 148 with proper sanction. 2.2 Section 149(1)(b)- Condition of Escapement Represented in Form of 'Asset' Satisfied Section 149 Explanation defines "asser" to include "loans and advances." The Insight Portal flagged the assessee for accommodation entries of ₹1.37 crore, categorized

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

36(1)(iii) of the Act\nin respect of the amounts said to have been invested in subsidiaries/group\ncompanies/associates\nand to remit the matter to Learned Assessing\nOfficer for decision afresh so as to record finding as to interest free funds\navailable with the assessee during the assessment years under\nconsideration, after verification of all relevant documents relied on behalf

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

36(1)(iii) of the Act\nin respect of the amounts said to have been invested in subsidiaries/group\ncompanies/associates\nand to remit the matter to Learned Assessing\nOfficer for decision afresh so as to record finding as to interest free funds\navailable with the assessee during the assessment years under\nconsideration, after verification of all relevant documents relied on behalf

CENTRE FOR DEVELOPMENT COMMUNICATION TRUST,JAIPUR vs. COMMISSIONER OF INCOME TAX EXEMPTION, JAIPUR

68,932/- to the\nperson covered u/s. 13(3) of the Act and the same was considered as diversion of\nfunds for the benefit of the trustees. Thus, the notice no where suggested that the\naction of the PCIT is proposed to cancel the registration of the trust in a new law\nand that too retrospectively. He also pointed

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

VIA of the Act. Thus only after initiation of enquiries by the Department\nu/s 133(6) of the Act on 12.03.2018 and after issue of notice u/s 148 of the Act\non 26.03.2018 appellant has revised his return 09.06.2018.\n6.8 Thus in view of above, the action of the assessee in respect of claim of such\nillegitimate deduction, loss under

AJOY SHARMA,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

VIA of the Act. Thus only after initiation of enquiries by the Department\nu/s 133(6) of the Act on 12.03.2018 and after issue of notice u/s 148 of the Act\non 26.03.2018 appellant has revised his return 09.06.2018.\n6.8 Thus in view of above, the action of the assessee in respect of claim of such\nillegitimate deduction, loss under

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

VIA of the Act. Thus only after initiation of enquiries by the Department\nu/s 133(6) of the Act on 12.03.2018 and after issue of notice u/s 148 of the Act\non 26.03.2018 appellant has revised his return 09.06.2018.\n6.8 Thus in view of above, the action of the assessee in respect of claim of such\nillegitimate deduction, loss under

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

VIA of the Act. Thus only after initiation of enquiries by the Department\nu/s 133(6) of the Act on 12.03.2018 and after issue of notice u/s 148 of the Act\non 26.03.2018 appellant has revised his return 09.06.2018.\n6.8 Thus in view of above, the action of the assessee in respect of claim of such\nillegitimate deduction, loss under

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

VIA of the Act. Thus only after initiation of enquiries by the Department\nu/s 133(6) of the Act on 12.03.2018 and after issue of notice u/s 148 of the Act\non 26.03.2018 appellant has revised his return 09.06.2018.\n6.8 Thus in view of above, the action of the assessee in respect of claim of such\nillegitimate deduction, loss under

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

via layering of fund through banking channel and funds during F.Y. 2011-12. Thereafter, the above information have been matched with assessment record and found to be correct as the assessee has taken unsecured loan of (i) Rs. 90,00,385/- from M/s Agarani Credit and Finvest Pvt Ltd, M/s Darshan Enclave Pvt Ltd, M/s Harsharatna Finance & Investment

SHREE CEMENT LIMITED,BEAWAR vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

In the result, this appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

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

68,08,695/-, - Reduction in claim u/s 80IA on Rail System due to modification in transfer price of logistic services (Rs. 36,32,56,010/-, - Disallowance of Sales Tax Subsidy (Rs. 62,29,26,819/-) and Electricity Duty Exemption (Rs. 5,14,748/-) - Disallowance of Education Cess (Rs. 5,21,67,086/-) - Disallowance of Profit on sale of fixed assets

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

via order dated 20.09.2019. 29 Lovely promoters Pvt. Ltd. vs. ACIT 16. The final assessment order was passed by the Assessing Officer (AO) on 15.10.2019, under Section 147/144(C)(13)/143(3) of the Act. Concededly, the final assessment order does not bear a DIN. There is nothing on record to show that the appellant/revenue took steps to demonstrate