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12 results for “depreciation”+ Section 41(1)(b)clear

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Key Topics

Section 26319Section 143(3)13Addition to Income9Depreciation7Section 80I5Disallowance5Section 32(1)3Section 145(3)3Section 115B3Deduction

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

In the result, appeals of the Revenue are dismissed

ITA 30/JODH/2020[2014-15]Status: DisposedITAT Jodhpur12 Jan 2023AY 2014-15
For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Shri Venkatesh V. (JCIT-Sr.DR)
Section 143(1)

B) with respect to deleting the addition made under Section 41(1) of the Act are answered against the revenue.” Thus the Hon’ble High Court has held that addition under section 41(1) cannot be made simply by doubting the creditor or his creditworthiness or his identity. Further, no addition can be made simply because the creditors

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

ITA 267/JODH/2024[2020-21]Status: Disposed
3
Section 801A2
Section 143(1)2
ITAT Jodhpur
24 Jun 2025
AY 2020-21

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

Section 32(1)Section 32(1)(ii)Section 43(1)Section 55(2)(a)

41,69,103/- instead of the correct returned income of Rs. 14,09,89,472/-. This error led to an apparent addition of Rs. 2,31 to the assessed income. It states that the return of income was filed correctly, declaring the total income of Rs. 14,09,89,472/-. The error in assessing the income occurred because

SATYA NARAYAN DHOOT,JODHPUR vs. ACIT, CIRCLE-3, JODHPUR

In the result, the appeal of the assessee is allowed

ITA 35/JODH/2021[2015-16]Status: DisposedITAT Jodhpur07 Sept 2021AY 2015-16
For Appellant: Sh. Mohit Soni (Adv.)For Respondent: Smt. Sanchita Kumar (CIT-DR)
Section 143(3)Section 263

41 and in this section, unless the context otherwise requires “Actual Cost” means the actual cost of the assets to the assessee, reduced by that portion of the cost thereof, if any, has been met directly or indirectly by any other person or authority. In response to the show cause notice, the assessee filed a reply relying on the judgment

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

In the result, appeal of the assessee is allowed

ITA 140/JODH/2023[2018-19]Status: DisposedITAT Jodhpur09 Aug 2023AY 2018-19
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 263Section 801ASection 80I

b) of the Explanation (2) of section 263 of the Act. 8 Nahar Colours and Coatings Private Ltd 5. Aggrieved from the order of the PCIT, assessee preferred an appeal before this tribunal on the grounds as reiterated here in above in para 2. A propose to the grounds so raised the assessee has filed a paper book containing

THAR HEAT TRANSFER EQUIPMENT PVT. LTD. ,JODHPUR vs. PR. CIT-1, JODHPUR

Appeal of the assessee is allowed

ITA 113/JODH/2020[2015-16]Status: DisposedITAT Jodhpur02 Sept 2021AY 2015-16

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadavthar Heat Transfer Equipments Vs. Pr.Cit-1, Pvt. Ltd., Jodhpur. B-13 To 16, Industrial Area, Jodhpur. Pan No. Aacct 7832 L Assessee By Shri Amit Kothari, Ca & Shri Abhinav Kothari, Ca Revenue By Smt. Sanchita Kumar, Cit-Dr Date Of Hearing 09/08/2021 Date Of Pronouncement 06/09/2021 O R D E R Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit-1, Jodhpur Dated 20/03/2020 For A.Y. 2015-16 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) Wherein Following Grounds Have Been Raised: “1. The Ld. Pr. Cit Has Erred In Invoking Section 263 & The Setting Aside Of The Order Passed U/S 143(3), Is Bad In Law & Bad On Facts. The Order Made U/S 143(3) Cannot Be Said To Erroneous Or Prejudicial To Interest Of Revenue. 2. The Order Passed U/S 143(3), Was Made After Duly Examining The Issue Relating To Capital Gains & The Said Order Cannot Be Said To Be Erroneous Or Prejudicial To The Interest Or Revenue. The Allocation Of Value Of Sale Of Land Was On The Basis Of Valuation Adopted By The Stamp Authorities & Was Also Verifiable. The Ld. Pr. Cit Had Erred In Observing That The Appellant Had Taken The Higher Value Of Agriculture Land. 3. The Appellant Crave Liberty To Add, Amend, Alter, Or Modify Any Of The Ground Of Appeal On Or Before Its Hearing Before Your Honour.”

Section 143(3)Section 154Section 263Section 50

41,389/- X 1992 per sq. mts. b. Agriculture land [2.65 X1936 sq.yards X9] (46173.60 sq. fts. X 1,75,45,968/- 380 sq. fts) c. Other assets :  RCC Construction 1% 13,68,000/- Depreciation each year 2280X 600  Stone Patti 1 % 8,36,800/- Depreciation each year  Tinsheet 20718 fts. X .0929 28,87,053/- + 1924.70 X 1500  Boundary

BALAJI MARBLES AND TILES PVT LIMITED,KATNI vs. DCIT CENTRAL CIRCLE 1, UDAIPUR

In the result, the appeal of the assessee is allowed

ITA 304/JODH/2024[2017-2018]Status: DisposedITAT Jodhpur26 Feb 2026AY 2017-2018

Bench: Dr. Mitha Lal Meena, Hon’Ble & Sudhir Pareek, Hon’Blebalaji Marbles & Tiles Pvt. Ltd. Dcit, Central Circle -1, 12 Dunne Market, Bargawan, Udaipur. Jabalpur Road, Madhya Pradesh – 483501. Pan No. Aaccb 4886 C Assessee By Shri Rahul Bardia, Ca (Virtual) Revenue By Shri P.R. Mirdha, Addl. Cit (Virtual) Date Of Hearing 18.02.2026. Date Of Pronouncement 26.02.2026. Order Dr. Mitha Lal Meena, A.M.: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), Udaipur–2 [Cit(A)], Dated 28.02.2024 For The Assessment Year 2017–18. 2. The Assessee Has Taken Following Grounds Of Appeal: 1. The Ld Cit Erred In Law & Facts Of The Case In Rejecting The Books Of Account During Appellate Proceedings. 2. The Ld Cit Appeals Erred In Law & Facts Of The Case In Enhancing The Addition On Account Of Gp Addition Of Rs 94,24,706/-. 3. The Ld Cit Appeals Erred In Law & Facts Of The Case In Comparing The Gp Ratio Of Assessee As 2.07% Whereas The Assessee Explained

Section 143(3)Section 145Section 145(3)Section 69A

b) of sub-section (4) of that section to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under this Act. On perusal of above section, it may be observed that the term 'Assessing Officer' does not include the CIT(A). So, the obvious question arises, whether in the first

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

In the result, the appeal of the revenue is dismissed

ITA 160/JODH/2024[2017-18]Status: DisposedITAT Jodhpur01 Jan 2025AY 2017-18

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

Section 142(1)Section 143(2)Section 143(3)Section 40

sections is mandatory but consequential to Income. The A O is directed to allow consequential relief to the assessee while giving effect to this appeal order. 9 The fifth ground of appeal is as under "The Ld. AO has erred in initiating penalty proceedings uis 274 and 271(1)(C) 9.1 The initiation of penalty is not appealable. The ground

DCIT,CIRCLE, SRIGANGANAGAR vs. M/S. KANDA EDIBLE OIL P. LTD. , SRIGANGANAGAR

In the result, appeal of the revenue is dismissed and CO of the assessee is partly allowed

ITA 190/JODH/2019[2014-15]Status: DisposedITAT Jodhpur01 Feb 2021AY 2014-15

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwald.C.I.T. Vs. M/S Kanda Edible Oil Pvt. Ltd. Circle, E 173, Udyog Vihar Sriganganagar. Sriganganagar. Pan No. Aacck 7754 Q

Section 36(1)(iii)Section 40A(2)(b)

section 36(1)(iii) of the Income Tax Act, 1961 is not as per law. He placed reliance on the decisions referred in the order of Ld. CIT(A) (supra). 7. The Ld. D/R relied on the order of AO by arguing that assessee has not filed any evidence linking that own funds have been utilised for giving the interest

M/S. PYROTECH ELECTRONICS PVT. LTD.,UDAIPUR vs. PR. CIT, UDAIPUR

In the result, appeal of the assessee is allowed

ITA 3/JODH/2021[2017-18]Status: DisposedITAT Jodhpur10 Jan 2023AY 2017-18

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

Section 143(3)Section 263Section 40A(2)(b)Section 44A

Section 263 of the Act. The grounds of appeal raised by the assessee are as under:- 2 ITA 3/JODH/2021 PYEROTECH ELECTRONICS PVT LTD VS PR. CIT, UDAIPUR 1. That the Impugned order u/s 263 of the Act dated 18.02.2020 and notice u/s 263 are bad in law and on facts of the case and hence the same may kindly

ACIT, CIRCLE-1, JODHPUR vs. M/S. VISHNU PRAKASH R PUGALIA, JODHPUR

In the result, this appeal of the Revenue is dismissed

ITA 9/JODH/2019[2013-14]Status: DisposedITAT Jodhpur01 Feb 2021AY 2013-14

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwala.C.I.T. Vs. M/S Vishnu Prakash R Pugalia, Circle-1, P. No. 22, Subhash Colony, New Jodhpur. Pali Road, Bhagat Ki Kothi, Jodhpur. Pan No. Aadfv 4672 J

depreciation and interest third party & interest and salary to partners. A survey proceeding was conducted at the business premises of the assessee on 27.08.2013, 3 ITA 09/Jodh/2019 ACIT Vs M/s Vishnu Prakash R Pugalia. where some incrementing documents has been found and seized. After making enquiry and verifications, the AO assessed total income of the assessee at Rs.9

M/S. BABU LAL & COMPANY,BIKANER vs. ACIT, CIRCLE-1, BIKANER

In the result, appeal of the assessee is partly allowed

ITA 205/JODH/2018[2014-15]Status: DisposedITAT Jodhpur03 May 2019AY 2014-15

Bench: Shri N.K. Saini, Hon’Ble Vice- & Shri N.K. Choudhry, Hon’Ble Judicial Mebmer M/S. Babu Lal & Company, Vs Acit, Circle-1, C/O. Sh. Rajendra Jain, Advocate, Bikaner. 106, Akshay Deep Complex, 5Th B Road, Sardarprua, Jodhpur. Pan No. Aagfb3045A

For Appellant: Shri Rajendra Jain, AdvocateFor Respondent: Sh. P.K. Singi, JCIT-DR
Section 145(3)Section 234A

B Road, Sardarprua, Jodhpur. PAN NO. AAGFB3045A (Appellant) (Respondent) Date of hearing : 03/05/2019 Date of pronouncement : 03/05/2019 Assessee by : Shri Rajendra Jain, Advocate. Department by : Sh. P.K. Singi, JCIT-DR. ORDER PER N. K. SAINI, V.P.: This appeal by the assessee is directed against the order dated 07.12.2017 of the CIT(A), Bikaner. Following grounds have been raised in this

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

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

ITA 53/JODH/2022[2018-19]Status: DisposedITAT Jodhpur10 Nov 2023AY 2018-19

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

For Appellant: Sh. Amit Kothari, Chartered AccountantFor Respondent: Sh. Rajesh Ojha, CIT-DR
Section 115BSection 250

B, Saheli Marg, Udaipur-313001 [PAN: ACKPC2610E] (Appellant) (Respondent) Appellant by : Sh. Amit Kothari, Chartered Accountant Respondent by : Sh. Rajesh Ojha, CIT-DR Date of Hearing : 12.10.2023 Date of Pronouncement : 10.11.2023 ORDER Per Dr. M. L. Meena, AM: This captioned appeal has been filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-2, Udaipur