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

depreciation and salary/interest to partners is separately allowable. x x x x b. DCIT vs. Allied Construction (2007) 105 ITDT 1 (Del)(SB) Income from Other Sources-Vis a vis income from business

SHRI JAITESHWAR SEVA SANSTHAN,JODHPUR vs. CIT (EXEMPTION), JAIPUR

In the result, the appeal of the assessee bearing ITA No

Bench: Us By Challenging The Revisional Order.

business. Based on these contentions, the Assessee has contended that the rent income of Assessee from a commercial property cannot be taken as income from house property and even if it is taken as income from other source, the Assessee would be allowed depreciation

DR. MANISH CHHAPARWAL ,UDAIPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

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

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

business income liable to be taxed under the normal tax rates, and only after set off of unabsorbed losses and depreciation

M/S. M.M. CONSTRUCTION COMPANY ,CHURU. vs. ITO, WARD-2,, CHURU.

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

Bench: Shri Saktijit Dey & Shri Girish Agrawal

depreciation. Ld. AO further noticed that assessee had earned interest on FDR amounting to Rs. 6,44,145/- . Before the Ld. AO, assessee claimed that interest receipt on FDR relate to carrying on business of the assessee and it is not an income

THE LAKE PALACE HOTELS & MOTELSPRIVATE LIMITED,UDAIPUR vs. PCIT,CIRCLE-2, UDAIPUR

In the result, appeal of the assessee is allowed

business. For the year under consideration the assessee filed the return of income on 30.10.2017 vide Ack 270620271301017 declaring therein total income of Rs. Nil. (after adjusting b/f unabsorbed depreciation

M/S BHAGIRATH DAIRY PRIVATE LIMITED,NAGAUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,, NAGAUR

The appeal is allowed

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Ble

business of dairy as Proprietor of M/s Bhagirath Dairy,Jasrasar. In support of the loan amount of Rs. 51,00,000/-, the assessee had furnished the following documents for proving the genuineness :- (i) Copy of ledger account (ii) Copies of returns of income from A.Y. 2010-11 to 2017-18 . The perusal of return for A.Y. 2017-18 discloses vital

MITHILA DRUGS PVT. LTD. ,UDAIPUR vs. ACIT, CIRCLE-1, UDAIPUR

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Kul Bharatshri Manish Boradmithila Drugs Pvt.Ltd., Vs Acit, F-70, Road No.2, Circle-1, 102A, Mewar Industrial Area, Aaykar Bhawan, Sub Madri, Udaipur-313003. City Centre, Savina, Udaipur-313001. (Appellant) (Respondent) Pan No.Aaccm6767B Assessee By None (W/S) Revenue By Shri S.M.Joshi, Jcit Dr Date Of Hearing 22/03/2023 Date Of 23/03/2023 Pronouncement

business loss Rs.1,42,66,828/ and depreciation loss Rs.46,60,897/- respectively without discussing/ mentioning any reason. On further appeal, Id. CIT (A) only allowed the claim of depreciation loss partly to Rs.30,76,508/- and alleged that returns of income

M/S. MOHTA CONSTRUCTION CO.,BIKANER vs. ACIT, BIKANER

In the result, the appeal of the assesee is allowed

Bench: Us. 2. The Assessee Has Raised The Following Grounds Of Appeal:- M/S Mohta Construction Co. “1. That The Assessment Completed By The Assessing Officer Is Against The Law & The Order Of Learned Cit(Appeals) Sustaining The Disallowances/Not Allowing The Deductions Claimed By The Appellant Is Bad At Law.

Depreciation was allowed but deduction on account of interest paid to third parties not allowed and thus the only point disputed in this appeal is regarding deduction of Rs.19,78,944/- on account of interest paid to third parties. 3. The learned CIT(Appeals) not allowed deduction on account of interest to third parties for the reason that

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

depreciation even to stand-by machinery. When that being the case, we do not find any justifiable ground to disturb the reasoning of the majority members of the Income-tax Appellate Tribunal. 21. Under the stated circumstances, on the admitted case that business

SANJU SONI,JODHPUR vs. ITO, WARD-1(1), JODHPUR

14. In view of the above findings, both the appeals deserve to be allowed

Bench: Dr. MITHA LAL MEENA (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

business or profession in which case, option under clause (ii) shall be available. In Arun Gopilal Samnani v. Income-tax Officer * [2025] 174 taxmann.com 33 10. (Ahmedabad - Trib.) , applicability of section 115BAC of the Act was involved. The question was as to whether the assessee despite having opted to pay taxes under the new regime as prescribed under section 115BAC

SANJU SONI,JODHPUR vs. ITO, WARD-1(1), JODHPUR

14. In view of the above findings, both the appeals deserve to be allowed

Bench: Dr. MITHA LAL MEENA (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

business or profession in which case, option under clause (ii) shall be available. In Arun Gopilal Samnani v. Income-tax Officer * [2025] 174 taxmann.com 33 10. (Ahmedabad - Trib.) , applicability of section 115BAC of the Act was involved. The question was as to whether the assessee despite having opted to pay taxes under the new regime as prescribed under section 115BAC

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, JODHPUR, JODHPUR vs. SUNCITY METALS AND TUBES PVT. LTD., JODHPUR

In the result, the revenue appeal is dismissed

Bench: Dr. Mitha Lal Meena, HonʼBle & Dr. S. Seethalakshmi, Hon'Ble

Income Tax, Range- 12, Bangalore (2016) and held that the ruling of SC is limited to issue whether goodwill falls in the category of intangible assets. The ITAT held that judgment of Hon'ble SC does not override the provisions of 5th proviso to section 32(1), now 6th proviso which restricts the claim of depreciation in goodwill

DCIT, CENTRAL CIRCLE-1, UDIPUR vs. M/S. WAGAD CONSTRUTION COMPANY, UDAIPUR

In the result, appeals of the Revenue are dismissed

income chargeable under the head "profits and gains" of business or profession. The onus lies on the assessee to substantiate by documentary evidences when called upon to the effect that all expenditures claimed in the P&L accounts are laid out or expended wholly and exclusively for the purpose of business. The appellant has failed to establish fully the genuineness

NAHAR COLOURS AND COATINHGS PRIVATE LIMITED,UDAIPUR vs. PRINCIPAL COMMISSIONER OFINCOMETAX, UDAIPUR

In the result, appeal of the assessee is allowed

business for which deduction is claimed u/s. 80IA. To support this contention, he drawn our attention to the detailed written submission made before the ld PCIT on this issue and submitted that for this undertaking as there is specific contract of maintenance of the wind / solar plants. He also submitted that separate books of accounts for this undertaking is maintained

SAMBHAV ENERGY LIMITED ,CHENNAI vs. ACIT, CENTRAL CIRCLE-1, JODHPUR

In the result, both the appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri B. R. Baskaran & Shri Sandeep Gosain

depreciation of value even when machines or equipment is merely kept in the store. Looking to the nature of business of that assessee, who Sambhav Energy Ltd., Chennai vs. ACIT, Central Circle-01, Jodhpur was a transporter it was held that keeping spare engines in store to meet emergent situations, was the requirement of business. 7. In Income

SAMBHAV ENERGY LIMITED ,CHENNAI vs. ACIT, CENTRAL CIRCLE-1, JODHPUR

In the result, both the appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri B. R. Baskaran & Shri Sandeep Gosain

depreciation of value even when machines or equipment is merely kept in the store. Looking to the nature of business of that assessee, who Sambhav Energy Ltd., Chennai vs. ACIT, Central Circle-01, Jodhpur was a transporter it was held that keeping spare engines in store to meet emergent situations, was the requirement of business. 7. In Income

DCIT, CIRCLE, PALI vs. SHRI BRIJ BHUSHAN GOYAL, FARIDABAD.

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripotedcit Vs. Shri Brij Bhushan Circle, Pali., Goyal, Jodhpur. House No. 331, Sector Rajasthan. 16A, Faridabad, Haryana.-121002 Pan/Gir No. : Aawpg8405D Appellant .. Respondent Assessee By : Shri Amit Kothari, Ca. Ar Revenue By : Ms. Nidhi Nair, Jcit -Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 14.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) – I, Jodhpur Passed U/S 143(3) & 250 Of The Income Tax Act, 1961. The Revenue Has Raised The Following Grounds Of Appeal:

Business or profession 1,67,81,949 2 Income from other sources 64,33,672 3 Addition on account of depreciation

M/S TARUN CONSTRUCTION COMPANY,WARD NO.24, NEAR BHAGAT SINGH CHOWK, SURATGARH vs. CPC, BANGALORE/ ITO, WARD-1, SRIGANGANAGAR, SRIGANGANAGAR

In the result, appeals are dismissed

Bench: Shri Saktijit Dey, Vice- & Dr. Brr Kumar

business, commercial or professional expenditure, under various heads (including depreciation). Each of these deductions, has its contours, depending upon the expressions used, and the conditions that are to be met. It is therefore necessary to bear in mind that specific enumeration of deductions, dependent upon fulfilment of particular conditions, would qualify as allowable deductions: failure by the assessee to comply