SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

57,218/- Interest from LIC Rs. 24,487/- Interest from unsecured loan Rs. 66,275/- Rs. 4,46,980/-” Interest from total loan 11.2 The ld. AO based on total area of building with that of area given on rent has allowed. The interest claim to the assessee contending that the balance property is not completed and therefore, proportionally

SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

57,218/- Interest from LIC Rs. 24,487/- Interest from unsecured loan Rs. 66,275/- Rs. 4,46,980/-” Interest from total loan 11.2 The ld. AO based on total area of building with that of area given on rent has allowed. The interest claim to the assessee contending that the balance property is not completed and therefore, proportionally

BHOOP SINGH POONIA,NOHAR vs. ITO WARD, NOHAR, NOHAR

57,413/-and the\namount of surrender to be credited into books would be 45,00,000/-.\nThe net result would be same. Therefore, according to this aspect also\nthe act of the assessee is correct for making the entry into the books\nof accounts out of the surrendered income. Hence the addition of Rs.\n25,00,000/- may kindly

SHRI RAMESHWAR LAL SAMDANI,BHILWARA vs. ITO, BHILWARA

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwalshri Rameshwar Lal Samdani, Vs. I.T.O., D-43, Shastri Nagar, Bhilwara Ward-3, (Raj)-311001. Bhilwara. Pan No. Adqps 6311 K Assessee By Shri Ajay Moondra Revenue By Shri K.C. Badhok, Cit-Dr Date Of Hearing 03.11.2020 Date Of Pronouncement 29/01/2021

section 57(iii), may have a direct or indirect connection with the making or earned of such income. If the assessee has bona fide and voluntarily incurred expenditure out of commercial expediency, the expenditure is deductible and it is immaterial whether it is beneficial for the assessee to incur such expenditure or whether it is expedient on his part

JAGDISH CHANDRA CHHAPARWAL,BHILWARA vs. ITO, WARD-5, BHILWARA

In the result, the appeal filed by the assessee is allowed

Bench: Shri Kul Bharatshri Manish Boradjagdish Chandra Chhaparwal, Vs Ito, House No.D-500/01, Nehru Ward-5, Road, Sanjay Colony, Bhilwara- Bhilwara, Rajasthan-311001 (Rajasthan) (Appellant) (Respondent) Pan No. Ahppc6573N Assessee By Shri Goutam Chand Baid, Ca Revenue By Shri S.M.Joshi, Jcit Dr Date Of Hearing 20/03/2023 Date Of 21/03/2023 Pronouncement

section 44AB for the assessment year 1994-95 could not be sustained as the assessee was under a bonafide belief that it did not have to get its accounts audited. Necessary direction to delete the penalty u/s 271F imposed by Ld. AO and sustained by Ld. CIT(A) may kindly be issue. 2. That on the facts

PARASMAL SAREMAL GOGAD,PALI vs. ITO, , PALI

In the result, appeal of the assessee is allowed

57,51,720,\nthat the properties were not shown in the stock-in-trade and capital\naccount and that he also derived income from job work. The\nAssessing Officer assessed his income at Rs.27,93,750. The Principal\nCommissioner passed an order under section 263 of the Income-tax\nAct, 1961 on the ground that the Assessing Officer had passed

ITO, WARD-2, HANUMANGARH vs. SMT. LALITA SARAF , HANUMANGARH TOWN

In the result, the appeals of the Department are dismissed and the Cross objections of the assessees are allowed

Bench: Shri N.K. Sainithe Income Tax Officer, Vs Smt. Lalita Saraf, Ward-2, Hanumangarh C/O Mangi Lal Saraf, In Front Of Mandi Studio, Hanumangarh Town

section 145(3) of the Act, considered the purchases of Rs. 85,18,926/- from following two parties as bogus:- 1. M/s Bhoomi Sales Corporation Rs. 57,91,028/- 2. M/s Saj Enterprises Rs. 27,27,898/- Total Rs. 85,18,926/- The Assessing Officer added 25% of the aforesaid purchases amounting to Rs. 21,29,732/- in the income

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, UDIAPUR, UDAIPUR

Bench: DR. MITHA LAL MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

gain or u/s 48, 56 or u/s 68 or 69. Thus the addition so made without any provision of act is also against the law and liable to be deleted on this ground alone. When the ld. AO has not invoked any provision of Act/law then also how the ld.AO can make the addition. When

ASSTT. COMMISSIONER OF INCOME-TAX, CIRCLE-1, JODHPUR , JODHPUR vs. JODHPUR HEALTHCARE PVT. LTD., JODHPUR

In the result, the revenue appeals in ITA Nos

57,83,448/-made on account of disallowance of deduction\nclaimed u/s 35AD r.w.s. 80-IA of the Income-tax Act, 1961 by holding that\nthe assessee has fulfilled all the conditions for claiming deduction u/s\n35AD, by not appreciating the fact the assessee has failed to comply with\nstatutory requirement of provision of section 35AD(7) read with section

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, JODHPUR , JODHPUR vs. JODHPUR HEALTHCARE PVT. LTD., JODHPUR

In the result, the revenue appeals in ITA Nos

Bench: Dr. Mitha Lal Meena, Hon'Ble & Anikesh Banerjee, Hon'Ble

57,83,448/-made on account of disallowance of deduction claimed u/s 35AD r.w.s. 80-IA of the Income-tax Act, 1961 by holding that the assessee has fulfilled all the conditions for claiming deduction u/s 35AD, by not appreciating the fact the assessee has failed to comply with statutory requirement of provision of section 35AD(7) read with section

ASSTT. COMMISSIONER OF INCOME-TAX, CIRCLE-1, JODHPUR , JODHPUR vs. JODHPUR HEALTHCARE PVT. LTD., JODHPUR

In the result, the revenue appeals in ITA Nos

57,83,448/-made on account of disallowance of deduction\nclaimed u/s 35AD r.w.s. 80-IA of the Income-tax Act, 1961 by holding that\nthe assessee has fulfilled all the conditions for claiming deduction u/s\n35AD, by not appreciating the fact the assessee has failed to comply with\nstatutory requirement of provision of section 35AD(7) read with section

ACIT, PAOTA C ROAD vs. VARAHA INFRA LIMITED, PAOTA B ROAD

In the result, the appeal of the revenue is dismissed

Bench: Dr. S. Seethalakshmi & Shri Rathod Kamlesh Jayantbhaithe Acit Vs M/S. Vardha Infra Ltd. Room No. 215, Aayakar Bhawan 6 Jalam Vilas Scheme Paota C Road, Jodhpur Paota B Road, Jodhpur (Appellant) (Respondent) Pan No. Aaccv 7972 K

gains of business or profession" The judicial pronouncements relied upon by the appellant also approve this view. Ld ITAT in its order for AY 2016-17 in the case of appellant has also computed income of the appellant without making separate addition on account of section 40(a)(ia) of the Act though the appellant had disallowed amount

SHRI DEVKRIPA TEXTILE MILLS (P) LTD. ,BHILWARA vs. ACIT, BHILWARA CIRCLE, BHILWARA

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

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmi

57,07,558/-. The return was processed u/s 143(1) on 26.02.2016 at the declared income. The case was selected for complete scrutiny under CASS. Notice u/s 143(2) of the Income Tax Act, 1961 was issued on 12.04.2016 duly served upon the assessee on 20.04.2016, fixing the case for hearing on 22.04.2016. Subsequently, notice

ACIT, CENTRAL CIRCLE, BIKANER vs. SMT. ALPANA GUPTA, SRIGANGANAGAR

In the result, this appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwala.C.I.T. Vs. Smt. Alpana Gupta, 4-A-15, Central Circle, Jawahar Nagar, Bikaner. Sriganganagar. Pan No. Aiepg 8893 R

capital of the assessee and the AO 6 ITA 45/Jodh/2019 ACIT Vs Smt. Alpana Gupta. was not able to pin pointedly come to a definite conclusion which proves the nexus between interest bearing loans vis-à-vis interest free loan/advances, disallowance has been rightly deleted. Further, when there was no agreement to charge interest from the persons to whom