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17 results for “disallowance”+ Section 14A(2)clear

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Key Topics

Section 26344Section 143(3)29Section 14A25Section 80I15Disallowance14Section 36(1)(viia)12Revision u/s 2639Section 1477Section 143(2)6Section 148

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

disallowance u/s 14A has to be calculated, read with Rule 8D of the IT Rules, 1962 Further, sub section (3) of Section 14A only clarifies that even if the assessee claims that no expenditure has been incurred in relation to the exempt income then also, sub section (2

6
Reassessment6
Addition to Income4

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

In the result, appeal of the assessee is allowed

ITA 52/JODH/2022[2017-18]Status: DisposedITAT Jodhpur27 Sept 2023AY 2017-18
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 14ASection 263Section 36(1)(va)Section 43

14A of the I T Act for disallowance of expenses related to investments which may be in the form of dividend on shares. 2. Disallowance of employee’s contributions to provident fund u/s 36(1)(va) r.w.s. 2(24)(x) after the prescribed time under relevant PF Act. Submissions (1) Disallowance under section

SUNIL KUMAR DOSHI,BARMER vs. DCIT, CPC / ITO, WARD-1,, BANGALORE / BARMER

In the result, appeal of the assessee is allowed

ITA 124/JODH/2022[2018-19]Status: DisposedITAT Jodhpur31 Jul 2023AY 2018-19

Bench: Making Assessment, Which Is Beyond Jurisdiction Of The Present Proceedings. 2. A. The Ld. Ao Has Erred In Not Deleting The Addition Of Rs. 62,641/- Made By The Ld. Ao In 143(1) Order On Account Of Depreciation Claimed. B. The Ld. Cit(A) Has Erred In Not Following The Decision Of Hon’Ble

Section 143(1)Section 154Section 56

section 14A is applicable to the facts of the case. Further, it has been held in the case of Godrej & Boyce Mfg. Co. Ltd. v. Dy. CIT [2010] 194 Taxman 203 (Bom.) that all facts may be taken into consideration for determining the quantum of disallowance to be made. This portion of the judgment is applicable only in respect

AJMER DEVELOPMENT AUTHORITY,AJMER vs. CIT(EXEMPTION)/ ITO (EXEMPTION), JAIPUR / JODHPUR

In the result, the stay application filed by the assessee is dismissed

ITA 89/JODH/2022[2012-13]Status: DisposedITAT Jodhpur22 Mar 2023AY 2012-13

Bench: Shri Kul Bharatshri Manish Borad

Section 143(3)Section 147Section 263

2(a)) to Sec 263 4.2 In CIT vs. Chemsworth Pvt. Ltd. (2020) 275 Taxman 408 (Kar), it was held that: "Revision—Erroneous and prejudicial order—AO taking plausible view—A0 completed the assessment without considering expenditure which was not allowable under s. 14A—CIT held that non-consideration of disallowable expenditure under s. 14A was erroneous and is prejudicial

SMT. LEELA DEVI SANKHLECHA,JODHPUR vs. ITO,WARD-3(4), JODHPUR

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

ITA 64/JODH/2018[2009-10]Status: DisposedITAT Jodhpur13 Apr 2023AY 2009-10

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmismt. Leela Devi Sankhlecha Vs The Ito C-133, Kamla Nehru Nagar Ward 3(4) X-1, Jodhpur Jodhpur (Appellant) (Respondent) Pan No. Aobps 7384 G

Section 143(3)Section 14ASection 234BSection 244A

2 are disposed of. The grounds are treated as allowed. 07. Vide ground no. 3, the appellant contended that the provisions of section 14A are not applicable in the case of the appellant as the expenditure of interest on borrowed funds is allowable under section 36(1)(iii) of the Act. I find no force in this claim

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

Appeals are disposed off in the terms indicated as above

ITA 504/JODH/2018[2010-11]Status: DisposedITAT Jodhpur10 Nov 2023AY 2010-11

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

For Appellant: Sh. Goutam Chand Baid, C.AFor Respondent: Sh. Lovish Kumar, CIT-DR
Section 143(3)Section 147Section 148Section 14ASection 263Section 36(1)(viia)

2. That on the facts and in the circumstances of the case, the ld. CIT(A) 1, Jodhpur erred in sustaining disallowance of Rs.56,70,000/- being Provision for Standard Assets allowable on provision basis as per the provisions of section 36(1)(viia) on the finding that Hon'ble ITAT in the assessee's own case in appeal against

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

Appeals are disposed off in the terms indicated as above

ITA 517/JODH/2018[2007-08]Status: DisposedITAT Jodhpur10 Nov 2023AY 2007-08

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

For Appellant: Sh. Goutam Chand Baid, C.AFor Respondent: Sh. Lovish Kumar, CIT-DR
Section 143(3)Section 147Section 148Section 14ASection 263Section 36(1)(viia)

2. That on the facts and in the circumstances of the case, the ld. CIT(A) 1, Jodhpur erred in sustaining disallowance of Rs.56,70,000/- being Provision for Standard Assets allowable on provision basis as per the provisions of section 36(1)(viia) on the finding that Hon'ble ITAT in the assessee's own case in appeal against

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

Appeals are disposed off in the terms indicated as above

ITA 518/JODH/2018[2010-11]Status: DisposedITAT Jodhpur10 Nov 2023AY 2010-11

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

For Appellant: Sh. Goutam Chand Baid, C.AFor Respondent: Sh. Lovish Kumar, CIT-DR
Section 143(3)Section 147Section 148Section 14ASection 263Section 36(1)(viia)

2. That on the facts and in the circumstances of the case, the ld. CIT(A) 1, Jodhpur erred in sustaining disallowance of Rs.56,70,000/- being Provision for Standard Assets allowable on provision basis as per the provisions of section 36(1)(viia) on the finding that Hon'ble ITAT in the assessee's own case in appeal against

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

Appeals are disposed off in the terms indicated as above

ITA 519/JODH/2018[2011-12]Status: DisposedITAT Jodhpur10 Nov 2023AY 2011-12

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

For Appellant: Sh. Goutam Chand Baid, C.AFor Respondent: Sh. Lovish Kumar, CIT-DR
Section 143(3)Section 147Section 148Section 14ASection 263Section 36(1)(viia)

2. That on the facts and in the circumstances of the case, the ld. CIT(A) 1, Jodhpur erred in sustaining disallowance of Rs.56,70,000/- being Provision for Standard Assets allowable on provision basis as per the provisions of section 36(1)(viia) on the finding that Hon'ble ITAT in the assessee's own case in appeal against

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

ITA 520/JODH/2018[2012-13]Status: DisposedITAT Jodhpur10 Nov 2023AY 2012-13

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

For Appellant: Sh. Goutam Chand Baid, C.AFor Respondent: Sh. Lovish Kumar, CIT-DR
Section 143(3)Section 147Section 148Section 14ASection 263Section 36(1)(viia)

2. That on the facts and in the circumstances of the case, the ld. CIT(A) 1, Jodhpur erred in sustaining disallowance of Rs.56,70,000/- being Provision for Standard Assets allowable on provision basis as per the provisions of section 36(1)(viia) on the finding that Hon'ble ITAT in the assessee's own case in appeal against

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

ITA 521/JODH/2018[2013-14]Status: DisposedITAT Jodhpur10 Nov 2023AY 2013-14

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

For Appellant: Sh. Goutam Chand Baid, C.AFor Respondent: Sh. Lovish Kumar, CIT-DR
Section 143(3)Section 147Section 148Section 14ASection 263Section 36(1)(viia)

2. That on the facts and in the circumstances of the case, the ld. CIT(A) 1, Jodhpur erred in sustaining disallowance of Rs.56,70,000/- being Provision for Standard Assets allowable on provision basis as per the provisions of section 36(1)(viia) on the finding that Hon'ble ITAT in the assessee's own case in appeal against

PRIME SUITINGS PRIVATE LIMITED,BHILWARA vs. ITO, WARD-4, BHILWARA

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

ITA 440/JODH/2018[2015-16]Status: DisposedITAT Jodhpur17 Aug 2023AY 2015-16

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteassessment Year : 2015-16 M/S Prime Suitings Pvt. Ltd., D- Income Tax Officer, 5-6, Bhilwara Textile Market, Vs Ward-4, Bhilwara Pur Road, Bhilwara Pan: Aaacp8447P Appellant / Assessee Respondent / Revenue Assessee By None Revenue By Ms. Prerana Choudhary-Jcit-Dr Date Of Hearing 17.08.2023 Date Of Pronouncement 17.08.2023 Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Ajmer Dated 06Th June, 2018 Emanating From Assessment Order Under Section 143(3) Passed By Ito, Ward-4, Bhilwara On 30.11.2017. The Assessee Has Raised The Following Grounds Of Appeal:-

Section 143(3)Section 14ASection 271(1)(C)

2. None appeared for the assessee. However, the assessee has filed a written submission and requested to consider the written submission. 3. Ld. DR supported the order of the Lower Authorities. Findings & Analysis 4. In this case, the only issue involved is disallowance under section 14A

O.S. MOTORS PVT. LTD.,JODHPUR` vs. PRINCIPAL COMMISSIONER OF INCOME , JODHPUR

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

ITA 54/JODH/2022[2017-18]Status: DisposedITAT Jodhpur16 Jan 2023AY 2017-18

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmim/S. O.S. Motors Pvt. Ltd. Vs The Pr. Cit Sainiks Motor Building, Chopasani Jodhpur-1 Road, Jodhpur-342001 (Raj) Jodhpur (Appellant) (Respondent) Pan No. Aaaco 1896 R

Section 143(3)Section 14ASection 194HSection 263Section 36(1)(v)Section 40

2. The facts relating to the case are that the assessee is an authorized dealer of Mahindra & Mahindra Ltd. The assessment u/s 143(3) of the Act was completed in the hands of the assessee on 10.12.2019 accepting the total income of Rs.6.00 crores declared by the assessee. The Ld PCIT, upon examination of assessment record, took the view that

RAJASTHAN MARUDHARA GRAMIN BANK ,JODHPUR vs. ACIT, CIRCLE-3, JODHPUR

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

ITA 125/JODH/2022[2015-16]Status: DisposedITAT Jodhpur12 Oct 2023AY 2015-16

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

Section 143(3)Section 14ASection 250Section 250(6)

2. a. That in the facts and circumstances of the case the ld. CIT(A) has erred in law and facts in maintaining the working of the ld. A.O of disallowed sum of Rs. 89,18,157/- u/s 14A of the Act r.w. Rule 8D of the Rules as against (0) Zero disallowance worked out by the appellant because factually

SATYA NARAYAN DHOOT,JODHPUR vs. PR. CIT-1, JODHPUR

In the result, the appeal of the assessee is allowed in respect of above said three issues

ITA 49/JODH/2022[2017-18]Status: DisposedITAT Jodhpur17 Jan 2023AY 2017-18

Bench: Shri B.R. Baskaran (Am) & Shri Sandeep Gosain (Jm) I.T.A. No. 49/Jodh/2022 (A.Y. 2017-18) Vs. Pcit-1 Satya Narayan Dhoot C/O Rajendra Jain Advocate Jodhpur 106, Akshay Deep Complex 5Th B Road, Sardarpura Jodhpur, Rajasthan-342 001. Pan : Aanpd4945L (Appellant) (Respondent) Assessee By Shri Rajendra Jain Department By Smt. Alka Rajvanshi Jain Date Of Hearing 03.11.2022 Date Of Pronouncement 17 .01.2023 O R D E R Per B.R.Baskaran (Am) :-

Section 10(38)Section 143(3)Section 14ASection 263Section 80I

2 Satya Narayan Dhoot (c) AO has allowed set off of unabsorbed depreciation of Rs.71,31,099/- pertaining to M-77 unit, which was not eligible for set off, since this unit commenced operation from current year, i.e., AY 2017-18 only. (d) The AO has allowed benefit of exemption u/s sec. 10(38) on the gains arising on sale

HITKARI AND SWARAJ ENTERPRISES PRIVATE LIMITED,BARMER vs. PR. CIT-1, JODHPUR

In the result, the appeal of the assessee is allowed

ITA 61/JODH/2022[2016-17]Status: DisposedITAT Jodhpur24 Jan 2023AY 2016-17

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

Section 142(1)Section 143(2)Section 263

disallowance as per the provisions of Section 14A of the Act, the said assessment order will be an erroneous one and prejudicial to the interest of the Revenue, as envisaged under the provisions of Section 263 of the Act. 70. In the case of CIT vs Amitabh Bachchan (2016) 384 ITR 200 (SC), the Hon’ble Supreme Court has held

VIMLA DEVI BHATTAR,PHALODI vs. ITO, WARD, PHALODI

In the result, the appeal of the assessee is allowed

ITA 809/JODH/2024[2017-18]Status: DisposedITAT Jodhpur17 Feb 2026AY 2017-18

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Blevimla Devi Bhattar Ito, Ward E-51, Industrial Area Khichan Phalodi - 342301 (Phalodi) Jodhpur - 342301 Pan No. Amjpb 6652 J Assessee By Shri Kapil Hirani, Advocate (Virtual) Revenue By Shri Lalit Kumar Bishnoi, Addl. Cit-Dr (Virtual) Date Of Hearing 28.01.2026. Date Of Pronouncement 17.02.2026. Order Dr. Mitha Lal Meena, A.M.:

Section 115BSection 143(3)Section 234BSection 69A

2. On the facts and circumstances of the case and in law, the Assessing Officer grossly erred in making and CIT(A) grossly erred in confirming an addition of Rs. 56,48,000/- representing cash so deposited in bank accounts on mere assumption and presumptions and ignoring the facts and evidence that the Appellant ahs justifiable sources of cash