DUSHKAL GO SEWA SAMITI,SUMERPUR vs. ITO (EXEMPTION), JODHPUR

In the result, both the appeals of the assessee are allowed

47,570/- has been created by the CPC by disallowing expenditure of Rs. 1,05,26,665/- for not uploading Form-10B (Audit Report) online before the due date due to technical glitches and practical problems on the Income Tax Portal and It is impossible to pay such a huge demand by the assessee-trust which has been badly

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

47(vi) (vib). 5. Whether the Id. CIT(A) has erred in fact and law by not appreciating that explanation 7 to section 43(1) clearly states that goodwill to the successor company ssall be the same as it would have been if the predecessor company had continued to hold capital asset witch is zero in this case. 6. Whether

NAVAL KISHORE DAGA,JODHPUR vs. DCIT, CPC, BANGALORE

In the result, the appeal of the assessee is allowed

disallowed wherein Interest Income is more than expenses or Appellant is having sufficient Interest Free Fund or owned Funds: 1. Hon'ble Supreme Court in case of CIT Vs Rajendra Prasad Moody 115 ITR 519 (SC) COME 2. Hon'ble Andhra Pradesh High Court in case of CIT Vs Gopikrishan Murlidhar, 47 ITR 469 (AP) We would like to submit

M/S. NOKHA AGRO SERVICES,,BIKANER vs. PR. CIT, , BIKANER

In the result, appeal of the assessee is allowed

Bench: Shri R.C.Sharma & Shri Sandeep Gosainm/S Nokha Agro Services, 18 Vs Pr. Commissioner Of Income Km Stone, Nh-15, Tax, Sriganganagar Road, Bikaner. Bikaner. (Appellant) (Respondent) Pan: Aaffn 8164 R

disallowance of claim of deduction under section 80 IB (11A) for income earned under handling and transportation amounting to Rs. 13,43,806/- is unwarranted and unsustainable due to the following reasons:- i. In this connection we would like to state that literal interpretation of words "integrated business of handling, storage and transportation of food grains" will not lead

ANIL KUMAR NUWAL,BHILWARA vs. ACIT, CIRCLE, BHILWARA

In the result, appeal of the assessee is allowed in part

Bench: Shri R.C.Sharma & Shri Sandeep Gosainanil Kumar Nuwal, Vs A.C.I.T., 9, Main Sector, Shastri Circle- Bhilwara. Nagar, Bhilwara, Rajasthan- 311001. (Appellant) (Respondent) Pan: Aavpn 4375 L

disallowance of claim of Rs. 1,04,59,000/- on account of deduction claimed U/s 54B of the Act. The submission in para a to e are factual in nature, hence no comments are offered. In para-f the assessee submitted that the land was used for agricultural activities and submitted copy of agricultural income certificate received from MRO office

SH. HANUMAN PRASAD GOYAL,BIKANER vs. ITO, SURATGARH

In the result, this appeal of the assessee stands allowed

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadavhanuman Prasad Goyal, Vs. I.T.O. Prop.-Goyal Enterprises, Ward-Suratgarh. Dhan Mandi, Gharsana. Pan No. Abvpg 7484 Q Assessee By Shri Virendra Jain, Adv. Revenue By Miss. Kajal Singh, Jcit-Dr Date Of Hearing 12/08/2021 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 Passed By The Ld. Cit(A), Bikaner Dated 30/12/2016 For The A.Y. 2013-14, Wherein Following Grounds Have Been Taken By The Assessee: “1. On The Facts & Circumstances Of The Case, Ld. Cit(A) Has Erred In Confirming The Disallowance Made By A.O. On Account Of Interest Paid To Creditors Rs. 8,89,780/-. It Was Having No Force Or Solid Base Hence It Should Be Deleted. 2. On The Facts & Circumstances Of The Case, Ld. Ao Has Erred In Charging Interest U/S 234B & 234C Of The It Act, 1961. 3. The Appellant May Please Be Permitted To Raise Any Additional Or Alternative Grounds At Or Before Hearing.” 2. The Hearing Of The Appeal Was Concluded Through Video Conference In View Of The Prevailing Situation Of Covid-19 Pandemic.

47,823 8,89,780 2. Interest Disallowed 62,996 3. Disallowed Expenses 21,913 4. Undeclared Interest 5. Addition on A/C of House Hold 1,05,979 60,28,491 Expenses TOTAL ASSESSED INCOME 63,83,081 4. Being aggrieved by the order of the A.O., the assessee carried the matter before the ld. CIT(A), who after considering

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 allowed

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

disallowance made by the AO by applying section 36(1)(iii) is not as per law for which reliance is placed on the following decisions: (i) CIT Vs. Shoorji Vallabhdas And Co. (1962) 46 ITR 144 (SC) (ii) B and A Plantations and Industries Ltd. Vs. CIT 242 ITR 22 (Gauhati) (HC) 8. We have heard the Ld. Counsels

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

disallowance of Rs. 2,47,29,991/- being Provision for Standard Assets allowable on provision basis as per the provisions of section

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

disallowance of Rs. 2,47,29,991/- being Provision for Standard Assets allowable on provision basis as per the provisions of section

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

disallowance of Rs. 2,47,29,991/- being Provision for Standard Assets allowable on provision basis as per the provisions of section

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

disallowance of Rs. 2,47,29,991/- being Provision for Standard Assets allowable on provision basis as per the provisions of section

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

disallowance of Rs. 2,47,29,991/- being Provision for Standard Assets allowable on provision basis as per the provisions of section

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

disallowance of Rs. 2,47,29,991/- being Provision for Standard Assets allowable on provision basis as per the provisions of section

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

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

Bench: Shri Kul Bharatshri Manish Borad

disallow the claimed capital expenditure of Rs.5,25,52,586/-. Since, the assessee was hit by provision of section 2(15) of the I.T. Act, 1961 the total taxable income comes to Rs.6,71,88,566/- (Rs.1,46,35,981/- + Rs.5,25,52,586/), therefore, the assessment done at NIL income by the AO is erroneous. Accordingly, the subjected assessment

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

47 and also by various other courts. (ix) It is also well settled position of law that tax can be levied only on the net income/profits and not on gross receipts for which reliance is placed on the judgement of Hon'ble Supreme Court in the case of CIT vs. Gujarat vs. S.C. Kothari (1971) 82 ITR 794 wherein

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

47 and also by various other courts. (ix) It is also well settled position of law that tax can be levied only on the net income/profits and not on gross receipts for which reliance is placed on the judgement of Hon'ble Supreme Court in the case of CIT vs. Gujarat vs. S.C. Kothari (1971) 82 ITR 794 wherein

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

47 and also by various other courts. (ix) It is also well settled position of law that tax can be levied only on the net income/profits and not on gross receipts for which reliance is placed on the judgement of Hon'ble Supreme Court in the case of CIT vs. Gujarat vs. S.C. Kothari (1971) 82 ITR 794 wherein

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

47 and also by various other courts. (ix) It is also well settled position of law that tax can be levied only on the net income/profits and not on gross receipts for which reliance is placed on the judgement of Hon'ble Supreme Court in the case of CIT vs. Gujarat vs. S.C. Kothari (1971) 82 ITR 794 wherein