M/S SUMERU ENTERPROSES,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

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

68,90,955/- 113 22 2007-08 (1,10,85,390) 96,08,164/- &117 6,000/- 2,06,57,878/- 95,72,490/- 121&126 27 2008-09 (1,36,88,648) 1,09,52,068/- 9,738/- 2,51,64,779/- 1,14,76,130/- 129&133 32 2009-10 (1,66,00,101) 1

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

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

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

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

section 14A(1), deduction of that expenditure is not to be allowed which has been incurred by the assessee in relation to income which does not form part of the total income under this Act. Axiomatically, it is that expenditure alone which has been incurred in relation to the income which is includible in total income that

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SNEHLATA AGARWAL, SIKAR

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

68 and 69C are without jurisdiction.\n\nIn the assessment order, with respect to the first addition, the learned AO has\nreferred to the following material in support of the conclusion drawn regarding the\naddition made in the assessment order: (i) Report of Compliance Officer, Bombay\nStock Exchange, Mumbai regarding details of Counter Parties/Exit Operators\n(Para No.5.3.2 of assessment

M/S RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD.,VIDYUT BHAWAN, JAN PATH, JYOTI NAGAR, JAIPUR vs. DCIT, CIRCLE-6, , JAIPUR

In the result,the appeal of the assessee is partly allowed

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

68).This write off is allowable u/s 36(1)(vii) of the Act. 4. The AO for disallowing the claim of bad debts has made certain observations which are incorrect and irrelevant. The fact that the amount written off has earlier been taken into account in computing the income of the assessee is verifiable from the ledger account of AVVNL

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

vii) investment or deposit in any public sector company: Provided that where an investment or deposit in any public sector company has been made and such public sector company ceases to be a public sector company,— (A) such investment made in the shares of such company shall be deemed to be an investment made under this clause for a period

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

SUWALKA AND SUWALKA PROPERTIES AND BUILDERS PVT LTD,KOTA, RAJASTHAN vs. ACIT, CENTRAL CIRLCE, KOTA, KOTA, RAJASTHAN

Bench: Him Challenging The 2 Suwalka & Suwalka Properties & Builders Pvt. Ltd. Vs. Acit Assessment Order Dated 22.12.2019 Passed U/S.143(3)Of The Income Tax

36: - 1. On the facts and in the circumstances of the case, the order CIT (A) erred in in rejecting the books of account of the assessee by applying the provision of Section 145(3) of the Income Tax Act, 1961 without asking the assessee to produce the books of account and without examining the books of accounts

MAHESH KUMAR GUPTA,JAIPUR vs. ACIT ,CIRCLE-4, JAIPUR

In the result, appeal of the assessee is allowed

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

vii) is reproduced hereunder: “It is not the case of the revenue that assessee has not shown the relevant stock register before the assessing officer. The assessee has maintained the complete stock tally in its accounting software. Such books of accounts are audited, quantitative records produced before the tax auditor, such quantitative records are certified by tax audit

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)

68,397/- was flagged on Insight portal for FY 2018-19 relevant to AY 2019-20 as per Risk Management Strategy of CBDT. 4.1 On the basis of above information, notice u/s 148A(b) was issued on 27.03.2023 and after considering the reply of the assessee, order u/s 148A(d) was passed on 17.04.2023 with prior approval of PCIT, Udaipur

SANDEEP SETHI ,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1,JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed

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

vii) Further in regard to the contention of the appellant that the provisions of section 115BBE have been invoked without any opportunity provided by the AO, it is held that the CIT(A) holds concurrent jurisdiction with that of the AO. Due opportunity has been provided to the appellant by me on this issue, in compliance to which

RAJIV NIGOTIYA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1, JAIPUR

In the result, both the appeals of the assessee are allowed

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

vii) Further in regard to the contention of the appellant that the provisions of section 115BBE have been invoked without any opportunity provided by the AO, it is held that the CIT(A) holds concurrent jurisdiction with that of the AO. Due opportunity has been provided to the appellant by me on this issue, in compliance to which

ABHAY CHORDIA,JAIPUR vs. THE ACIT, JAIPUR

In the result the appeal filed by the assessee is allowed

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

36 of appeal inter- alia containing grounds of appeal, the humble appellant craves leave to make following submissions in respect of grounds of appeal for the kind consideration of the hon'ble bench: Background 1. That the appellant assessee carries on business of precious and semi- precious Stones, Gold ornaments and Jewelleryunder the name and style of M/s. Ashok Jewelsas

RAJENDRA KUMAR AGRAWAL,JAIPUR vs. ACIT CEN CIR 1 , C-SCHEME, JAIPUR

In the result, the appeal of the assessee is partly allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

36(1)(va) of the Act. Thus, Respondent No.1 made the total addition of Rs. 2,03,34,571/- to the returned income of Rs. 48,63,850/-, thereby assessing the income of the Appellant at Rs. 2,51,98,421/- Vide its Assessment Order dated 13.12.2019 and confirming the demand of Rs. 2,09,44,100/-. (Refer to page