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34 results for “disallowance”+ Section 2(24)(x)clear

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Key Topics

Section 143(3)58Section 36(1)(va)35Addition to Income29Section 26319Disallowance19Section 143(1)15Section 139(1)14Section 43B12Section 15411

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

ITA 108/JODH/2023[2018-19]Status: DisposedITAT Jodhpur21 Sept 2023AY 2018-19

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

For Appellant: Sh. P.C. Parwal, C.AFor Respondent: Sh. Rajeev Mohan, JCIT-DR
Section 10ASection 139Section 142Section 143(1)Section 143(1)(a)Section 36(1)(va)

2(24)(x) of the Act. In accordance with the statutory provision, the departmental authorities have made the disallowances. 7. The assessee has contested the disallowance broadly on the following grounds: • In the tax audit report, the auditor has only mentioned the details of contribution received from employees for various as to attract adjustment under section

Showing 1–20 of 34 · Page 1 of 2

Section 14A9
Deduction8
Rectification u/s 1545

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

ITA 109/JODH/2023[2019-20]Status: DisposedITAT Jodhpur21 Sept 2023AY 2019-20

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

For Appellant: Sh. P.C. Parwal, C.AFor Respondent: Sh. Rajeev Mohan, JCIT-DR
Section 10ASection 139Section 142Section 143(1)Section 143(1)(a)Section 36(1)(va)

2(24)(x) of the Act. In accordance with the statutory provision, the departmental authorities have made the disallowances. 7. The assessee has contested the disallowance broadly on the following grounds: • In the tax audit report, the auditor has only mentioned the details of contribution received from employees for various as to attract adjustment under section

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

2(24)(x) of the IT. Act, 1961. It was categorically observed by the undersigned that during the assessment proceedings the FAO neither made any query in this regard nor examined the case of disallowance of Rs. 15,24,003/- in terms of section

SHRI SHESHAVTAR 1008 SHRI KALLAJI VEDPITH EVAM SHODH SANSTHAN,NIMBAHERA, CHITTORGARH vs. ITO EXEMPTION WARD, UDAIPUR, AAYKAR BHAWAN, UDAIPUR

In the result, appeal of the assessee is partly allowed

ITA 268/JODH/2024[2017-18]Status: DisposedITAT Jodhpur01 Apr 2025AY 2017-18

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

For Appellant: Shri Sunil Surana, CA &For Respondent: Shri Karni Dan, Addl. CIT, Sr.DR
Section 115BSection 12ASection 142Section 143(1)Section 143(2)Section 234BSection 234DSection 250

disallowing the legal and legitimate claim of the appellant solely on the ground that the claim was made during the assessment proceedings i.e. Acquisition of Fixed Assets, Purchase of Books and Periodicals and Payment of endowment fund to university of. This approach is arbitrary, unjustified, and against the principles of natural justice. The circular specifically emphasizes the duty

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

section 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

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

x................ 5.2 In the view of the above discussion, it is very evident the there is no merit in the claim of assessee and the AO is correct in denying the benefits of Section 11 and 12 to the assessee trust vide amended provisions of section 13(8)(effective from 01.04.2009) read with first and second proviso of section 2

PUSHAPRAJ KOTHARI,JASOL vs. ACIT, CIRCLE, BARMER, BARMER

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

ITA 111/JODH/2021[2018-19]Status: DisposedITAT Jodhpur25 Jan 2022AY 2018-19

Bench: Shri N.K.Saini & Shri Sudhanshu Srivastavaassessment Years : 2018-19 Puspapraj Kothari Vs. The Acit, Yashwal, Nakoda Road, Jasol, Barmer Circle, 344024 Barmer Pan No: Aaupk1365N Appellant Respondent

For Appellant: NoneFor Respondent: Sh. S.M. Joshi, Sr. DR
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43

24)(x) of the Act was correct or not. It appears that the Tribunal below, in view of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After

MONA MARBLES PVT. LTD. ,UDAIPUR vs. ACIT/DCIT, CIRCLE-2, UDAIPUR

In the result, the captioned appeals filed by the assessees are allowed

ITA 139/JODH/2021[2018-19]Status: DisposedITAT Jodhpur18 Jan 2022AY 2018-19

Bench: Shri N.K.Saini & Shri Sudhanshu Srivastavahearing Though Video Conferencing

For Appellant: Shri Amit Kothari, CAFor Respondent: Sh. S.M. Joshi, Sr. DR
Section 139(1)Section 2Section 36(1)(va)

24)(x) of the Act was correct or not. It appears that the Tribunal below, in view of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After

MEGA TEX PRINTS,PALI vs. DCIT, CPC, BANGALORE / ITO, WARD-1, PALI

In the result, the captioned appeals filed by the assessees are allowed

ITA 105/JODH/2021[2018-19]Status: DisposedITAT Jodhpur18 Jan 2022AY 2018-19

Bench: Shri N.K.Saini & Shri Sudhanshu Srivastavahearing Though Video Conferencing

For Appellant: Shri Amit Kothari, CAFor Respondent: Sh. S.M. Joshi, Sr. DR
Section 139(1)Section 2Section 36(1)(va)

24)(x) of the Act was correct or not. It appears that the Tribunal below, in view of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After

MEGA TEX PRINTS,PALI vs. DCIT, CPC, BANGALORE / ITO, WARD-1, PALI

In the result, the captioned appeals filed by the assessees are allowed

ITA 106/JODH/2021[2019-20]Status: DisposedITAT Jodhpur18 Jan 2022AY 2019-20

Bench: Shri N.K.Saini & Shri Sudhanshu Srivastavahearing Though Video Conferencing

For Appellant: Shri Amit Kothari, CAFor Respondent: Sh. S.M. Joshi, Sr. DR
Section 139(1)Section 2Section 36(1)(va)

24)(x) of the Act was correct or not. It appears that the Tribunal below, in view of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After

MONA MARBLES PVT. LD. ,UDAIPUR vs. ACIT/DCIT, CIRCLE-2, UDAIPUR

In the result, the captioned appeals filed by the assessees are allowed

ITA 117/JODH/2021[2019-20]Status: DisposedITAT Jodhpur18 Jan 2022AY 2019-20

Bench: Shri N.K.Saini & Shri Sudhanshu Srivastavahearing Though Video Conferencing

For Appellant: Shri Amit Kothari, CAFor Respondent: Sh. S.M. Joshi, Sr. DR
Section 139(1)Section 2Section 36(1)(va)

24)(x) of the Act was correct or not. It appears that the Tribunal below, in view of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After

AKBAR MOHAMMAD,NAGAUR vs. ITO, WARD-3(3), JODHPUR

The appeals are allowed for statistical purposes

ITA 108/JODH/2021[2018-19]Status: DisposedITAT Jodhpur25 Jan 2022AY 2018-19

Bench: Shri N.K.Saini & Shri Sudhanshu Srivastavahearing Though Video Conferencing

For Appellant: Shri Manoj Gupta, CAFor Respondent: Sh. S.M. Joshi, Sr. DR
Section 139(1)Section 143(1)Section 154Section 36(1)(va)

24)(x) of the Act was correct or not. It appears that the Tribunal below, in view of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After

AKBAR MOHAMMAD,NAGAUR vs. ITO, WARD-3(3), JODHPUR

The appeals are allowed for statistical purposes

ITA 109/JODH/2021[2019-20]Status: DisposedITAT Jodhpur25 Jan 2022AY 2019-20

Bench: Shri N.K.Saini & Shri Sudhanshu Srivastavahearing Though Video Conferencing

For Appellant: Shri Manoj Gupta, CAFor Respondent: Sh. S.M. Joshi, Sr. DR
Section 139(1)Section 143(1)Section 154Section 36(1)(va)

24)(x) of the Act was correct or not. It appears that the Tribunal below, in view of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After

SHRI SIDDHESH KUMAR GAUR ,JODHPUR vs. ADIT, CPC, ACIT, CIRCLE-3, BENGALURU / JODHPUR

In the result, the appeal of the assessee is dismissed

ITA 18/JODH/2023[2019-20]Status: DisposedITAT Jodhpur22 Sept 2023AY 2019-20

Bench: Shri Saktijit Deydr. B. R. R. Kumar

For Appellant: NoneFor Respondent: Sh. Rajeev Mohan, JCIT-DR
Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 40Section 40A(3)Section 43

disallowance under section 40A(3) in the facts and circumstances of the case. 6. The appellant craves leave to add/alter/ any of the grounds of appeal on or before date of hearing. 3. The issue of ESI/PF payment has attained finality by the order of the Hon’ble Supreme Court in the case of Checkmate Services

SRM SPINNERS LIMITED,BHILWARA vs. COMMISSIONER OF INCOME-TAX (APPEALS) INCOME TAX DEPARTMENT, DELHI

In the result the appeal filed by the assessee is dismissed

ITA 90/JODH/2023[2020-21]Status: DisposedITAT Jodhpur18 Aug 2023AY 2020-21

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripotesrm Spinners Ltd., Vs. Cit(A) / Nfac Sukh Shanti, Sukh Delhi-110002. Shanti, Sabun Marg, Bhilwara – 311001, Rajasthan, Pan/Gir No. : Aascs1833L Appellant .. Respondent Assessee By : None Revenue By : Ms. Prerana Choudhary, Jcit – Dr Date Of Hearing 18.08.2023 Date Of Pronouncement 18.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi / Cit(A) Passed U/S 154 & 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Ms. Prerana choudhary
Section 139(1)Section 154Section 2(24)(x)Section 36Section 36(1)(va)

Section 2(24)(x) is found to be valid and proper in fact and law. Considering the totality of the facts and circumstances of the case, the disallowance

ANAND SWAROOP MENAWAT,JODHPUR vs. CPC, BENGALURUE / ACIT/DCIT, CIRCLE, JODHPUR

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 7/JODH/2022[2018-19]Status: DisposedITAT Jodhpur01 Nov 2022AY 2018-19

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

Section 143(1)Section 154Section 36Section 36(1)(va)Section 43B

disallowance u/s 36(1)(va) is hereby confirmed. In the result, grounds of appeal raised by the Appellant are hereby dismissed.’’ 2.3 During the course of hearing, the ld. AR prayed that the ld. CIT(A) erred in sustaining the addition of Rs.1,03,072/- in respect of employees contribution to PF and ESI which should be deleted

DURGA PUROHIT,UDAIPUR vs. ITO, WARD-2(1), UDAIPUR

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

ITA 131/JODH/2022[2020-21]Status: DisposedITAT Jodhpur02 Nov 2022AY 2020-21

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

Section 143(1)Section 154Section 2(24)(x)Section 36(1)(va)Section 43B

disallowance made by the AO of Rs.2,23,895/- being contributions to PF. 3 DURGA PUROHIT VS ITO, WARD 2 (1), UDAIPUR 2.2 After hearing the ld. DR and perusing the materials available on record, it is noticed that the AO made the addition of Rs.2.23.895/- on account of late deposit of PF & ESI contribution of the employee

ROSHAN LAL BOHRA,PALI vs. ADIT, CPC / ITO, WARD-2, PALI

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

ITA 12/JODH/2022[2019-20]Status: DisposedITAT Jodhpur02 Nov 2022AY 2019-20

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

Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 43B

disallowance made u/s 36(1)(va) by the AO is confirmed. The assessee fails on this ground. ROSHAN LAL BOHRA VS. ITO, WARD 2, PALI 2.3 During the course of hearing, the ld. AR prayed that the ld. CIT(A) erred in sustaining the addition of Rs.2,72,029/- in respect of employees contribution to PF and ESI which should

BABA BEARINGS PVT LTD,BORANADA vs. DCIT, BANGALORE

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

ITA 59/JODH/2022[2018-2019]Status: DisposedITAT Jodhpur01 Nov 2022AY 2018-2019

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

Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 43B

disallowed the amount of Rs.3,08,878/- because of not timely deposit of the employees contribution of PF and ESI under respective laws which in first appeal was confirmed by the Ld. CIT(A) holding as under:- ‘’5.2 Since the law now clearly states that the provisions of Section 43B shall not apply and was deemed never to apply

DCIT, CIRCLE-1, UDIPUR vs. M/S. U.N. AUTOMOBILES PVT. LTD., UDAIPUR

In the result, appeal of the Revenue is dismissed

ITA 70/JODH/2020[2013-14]Status: DisposedITAT Jodhpur18 Sept 2023AY 2013-14

Bench: Shri Saktijit Dey, Vice- & Shri Girish Agrawalassessment Year: 2013-14

For Appellant: Shri Rajiv Mohan, JCIT-DRFor Respondent: Shri Gautam Chand Baid, CA
Section 142(1)Section 143(2)Section 144Section 148Section 194ASection 194CSection 194HSection 194J

disallowance is called for. 6.1 Learned counsel pointed to the sharp decline in the business of the assessee by submitting that the turnover of the assessee in assessment year 2011-12 was at Rs.239.85 crores which came down to Rs.25.55 crores in the years under consideration. According to him, this decline at 1/10th of the turnover in assessment year