M/S. TIRUPATI MICROTECH PVT. LTD.,UDAIPUR vs. ACIT, UDAIPUR

Bench: Shri Saktijit Dey, Vice- & Dr. Brr Kumarassessment Years: 2010-11 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aaact5483D (Appellant) (Respondent) Assessment Year: 2011-12 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aanpn5358H Appellant) (Respondent) Assessment Year: 2012-13 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aaact5483D Appellant) (Respondent)

149, Bada Bazar, Udaipur. PAN : AANPN5358H (Appellant) (Respondent) Assessee by : Sh. Rakesh Lodha, C.A. Revenue by : Ms. Meenakshi Vohra, CIT-DR Date of hearing : 21.09.2023 Date of pronouncement: 06.10.2023 ORDER Captioned appeals by the Revenue and assessee arise out of separate orders of learned Commissioner of Income-tax (Appeals)- Udaipur pertaining to assessment years

ACIT, UDAIPUR vs. M/S. TIRUPATI MICROTECH P.LTD., UDAIPUR

Bench: Shri Saktijit Dey, Vice- & Dr. Brr Kumarassessment Years: 2010-11 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aaact5483D (Appellant) (Respondent) Assessment Year: 2011-12 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aanpn5358H Appellant) (Respondent) Assessment Year: 2012-13 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aaact5483D Appellant) (Respondent)

149, Bada Bazar, Udaipur. PAN : AANPN5358H (Appellant) (Respondent) Assessee by : Sh. Rakesh Lodha, C.A. Revenue by : Ms. Meenakshi Vohra, CIT-DR Date of hearing : 21.09.2023 Date of pronouncement: 06.10.2023 ORDER Captioned appeals by the Revenue and assessee arise out of separate orders of learned Commissioner of Income-tax (Appeals)- Udaipur pertaining to assessment years

M/S. TIRUPATI MICROTECH PVT. LTD.,UDAIPUR vs. DCIT, UDAIPUR

Bench: Shri Saktijit Dey, Vice- & Dr. Brr Kumarassessment Years: 2010-11 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aaact5483D (Appellant) (Respondent) Assessment Year: 2011-12 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aanpn5358H Appellant) (Respondent) Assessment Year: 2012-13 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aaact5483D Appellant) (Respondent)

149, Bada Bazar, Udaipur. PAN : AANPN5358H (Appellant) (Respondent) Assessee by : Sh. Rakesh Lodha, C.A. Revenue by : Ms. Meenakshi Vohra, CIT-DR Date of hearing : 21.09.2023 Date of pronouncement: 06.10.2023 ORDER Captioned appeals by the Revenue and assessee arise out of separate orders of learned Commissioner of Income-tax (Appeals)- Udaipur pertaining to assessment years

ACIT, UDAIPUR vs. M/S. TIRUPATI MICROTECH P.LTD., UDAIPUR

Bench: Shri Saktijit Dey, Vice- & Dr. Brr Kumarassessment Years: 2010-11 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aaact5483D (Appellant) (Respondent) Assessment Year: 2011-12 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aanpn5358H Appellant) (Respondent) Assessment Year: 2012-13 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aaact5483D Appellant) (Respondent)

149, Bada Bazar, Udaipur. PAN : AANPN5358H (Appellant) (Respondent) Assessee by : Sh. Rakesh Lodha, C.A. Revenue by : Ms. Meenakshi Vohra, CIT-DR Date of hearing : 21.09.2023 Date of pronouncement: 06.10.2023 ORDER Captioned appeals by the Revenue and assessee arise out of separate orders of learned Commissioner of Income-tax (Appeals)- Udaipur pertaining to assessment years

ACIT, UDAIPUR vs. M/S. TIRUPATI MICROTECH P. LTD., UDAIPUR

Bench: Shri Saktijit Dey, Vice- & Dr. Brr Kumarassessment Years: 2010-11 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aaact5483D (Appellant) (Respondent) Assessment Year: 2011-12 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aanpn5358H Appellant) (Respondent) Assessment Year: 2012-13 Acit, Circle-2, Versus M/S. Tirupati Microtech P. Ltd. Udaipur. 1604/1610, Village Thoor, Udaipur. Pan: Aaact5483D Appellant) (Respondent)

149, Bada Bazar, Udaipur. PAN : AANPN5358H (Appellant) (Respondent) Assessee by : Sh. Rakesh Lodha, C.A. Revenue by : Ms. Meenakshi Vohra, CIT-DR Date of hearing : 21.09.2023 Date of pronouncement: 06.10.2023 ORDER Captioned appeals by the Revenue and assessee arise out of separate orders of learned Commissioner of Income-tax (Appeals)- Udaipur pertaining to assessment years

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

149, 151 and 153. However, they do not override the\nmandatory provisions of Sections 142(2) or 143(2)”.\n10\nITA Nos. 706 to 709/Jodh/2024\nAshiana Buildprop Pvt. Ltd., Udaipur.\nIn DCIT Sushil Kumar Jain 134 TTJ 844 (Indore)that “Time-limit of service of notice\nunder s. 143(2) shall also apply in respect of assessments framed under

M.G.B. GRAMIN BANK (THROUGH SUCCESSOR RAJASTHANMARUDHARA GRAMIN BANK),JODHPUR vs. ACIT, PALI

Appeals are disposed off in the terms indicated as above

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

Section 80P of the Act. The appellant is a Gramin Bank Act whose primary object is not to provide financial accommodation to its members who are all other cooperative societies and not member of the public. Thus, Rajasthan Marudhara Gramin Bank Ltd, a Regional Rural Bank and not a co-operative bank would not eligible for deduction

M.G.B. GRAMIN BANK (THROUGH SUCCESSOR RAJASTHANMARUDHARA GRAMIN BANK),JODHPUR vs. ADDITIONAL CIT, PALI

Appeals are disposed off in the terms indicated as above

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

Section 80P of the Act. The appellant is a Gramin Bank Act whose primary object is not to provide financial accommodation to its members who are all other cooperative societies and not member of the public. Thus, Rajasthan Marudhara Gramin Bank Ltd, a Regional Rural Bank and not a co-operative bank would not eligible for deduction

ACIT, CIRCLE, PALI. vs. M/S. RAJASTHAN MARUDHARA GRAMIN BANK, , JODHPUR

Appeals are disposed off in the terms indicated as above

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

Section 80P of the Act. The appellant is a Gramin Bank Act whose primary object is not to provide financial accommodation to its members who are all other cooperative societies and not member of the public. Thus, Rajasthan Marudhara Gramin Bank Ltd, a Regional Rural Bank and not a co-operative bank would not eligible for deduction

M.G.B. GRAMIN BANK (THROUGH SUCCESSOR RAJASTHANMARUDHARA GRAMIN BANK),JODHPUR vs. ACIT, PALI

Appeals are disposed off in the terms indicated as above

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

Section 80P of the Act. The appellant is a Gramin Bank Act whose primary object is not to provide financial accommodation to its members who are all other cooperative societies and not member of the public. Thus, Rajasthan Marudhara Gramin Bank Ltd, a Regional Rural Bank and not a co-operative bank would not eligible for deduction

M.G.B. GRAMIN BANK (THROUGH SUCCESSOR RAJASTHANMARUDHARA GRAMIN BANK),JODHPUR vs. ADDITIONAL CIT, PALI

Appeals are disposed off in the terms indicated as above

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

Section 80P of the Act. The appellant is a Gramin Bank Act whose primary object is not to provide financial accommodation to its members who are all other cooperative societies and not member of the public. Thus, Rajasthan Marudhara Gramin Bank Ltd, a Regional Rural Bank and not a co-operative bank would not eligible for deduction

M.G.B. GRAMIN BANK (THROUGH SUCCESSOR RAJASTHANMARUDHARA GRAMIN BANK),JODHPUR vs. ACIT, PALI

Appeals are disposed off in the terms indicated as above

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

Section 80P of the Act. The appellant is a Gramin Bank Act whose primary object is not to provide financial accommodation to its members who are all other cooperative societies and not member of the public. Thus, Rajasthan Marudhara Gramin Bank Ltd, a Regional Rural Bank and not a co-operative bank would not eligible for deduction

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

149 (SC) 5 ITA 45/Jodh/2019 ACIT Vs Smt. Alpana Gupta.  CIT Vs HDFC Bank Ltd. (2014) 366 ITR 0505 (Bom)(HC)  CIT Vs UTI Bank Ltd. (2013) 215 Taxman 8 (Guj) (HC) (Magz.)  CIT Vs Suzlon Energy Ltd. (2013) 354 ITR 630 (Guj)(HC)  CIT Vs Reliance Utilities & Power Ltd. 313 ITR 340 (Bom(HC). 6.2 Considering the totality

SMT. PUSHPA CHHAJER,JODHPUR vs. ACIT,CIRCLE-1, JODHPUR

In the result, appeal of the assessee is partly allowed

disallowing purchase without considering real & true fact in right perspective and judicious manner. 11. That on the facts and in the circumstances of the case, the authority below grossly erred in making attempt to normal business transaction as something unusual and out of the ordinary only as un-discerningiy which is against the principal of natural justice. 12. That

RACHNA GOYAL,JODHPUR vs. ITO, WARD-1(2), JODHPUR

In the result, appeal of the assessee is dismissed

section 282A, the AO has not authenticated the\nassessment order and notices issued u/s 143(2)/142(1) by printing or stamping his name\nand office. Therefore, the order passed, without authentication is null and void.\n6. Most of the order of CIT (A) is not legible and void.\nIt is, therefore, requested please to delete the addition and quash