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

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

disallowance does not come into play when the payment is made well before the date of filing the income tax return under section 139(1). Viewed thus also, the impugned adjustment is vitiated in law, and we must delete the same for this short reason as well. 10. In view of the detailed discussions above, we are of the considered

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

In the result, appeals of the Revenue are dismissed

disallowed and added to the total income of the assessee. The ld. A/R placing reliance on the various judicial pronouncement submitted that no addition can be made either under section 41(1) or under section 68 of the Act as the AO himself did not specify the section under which he intended to make the addition. The ld. A/R further

SWARUP RAM ,JODHPUR vs. ITO, WARD-1(1), JODHPUR

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

Bench: Shri N.K.Saini & Shri Sandeep Gosain

65 & 66/Jodh/2021 Assessment Years : 2018-19 & 2019-20 Sawrup Ram Vs. The ITO, 14, Janiyon Ki Dhani Ward 1(1), Basani Nikuba, Jodhpur Jodhpur PAN NO: ASXPR1455R Appellant Respondent Assessee by : Shri Akash Phophalia, CA Revenue by : Smt. Monisha, JCIT DR Date of Hearing : 28.09.2021 Date of Pronouncement : 28.09.2021 आदेश/Order PER N.K. SAINI, VICE PRESIDENT Both the appeals

SWARUP RAM ,JODHPUR vs. ITO, WARD-1(1), JODHPUR

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

Bench: Shri N.K.Saini & Shri Sandeep Gosain

65 & 66/Jodh/2021 Assessment Years : 2018-19 & 2019-20 Sawrup Ram Vs. The ITO, 14, Janiyon Ki Dhani Ward 1(1), Basani Nikuba, Jodhpur Jodhpur PAN NO: ASXPR1455R Appellant Respondent Assessee by : Shri Akash Phophalia, CA Revenue by : Smt. Monisha, JCIT DR Date of Hearing : 28.09.2021 Date of Pronouncement : 28.09.2021 आदेश/Order PER N.K. SAINI, VICE PRESIDENT Both the appeals

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

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

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

disallowed under section 43B read with section 36(1)(va) of the Act in view of the binding decisions of the Hon’ble Rajasthan High Court.” 8.5 A similar view has been taken by this Bench of the ITAT in ITA Nos. 65

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

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

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

disallowed under section 43B read with section 36(1)(va) of the Act in view of the binding decisions of the Hon’ble Rajasthan High Court. “ 11. A similar view has been taken by this Bench of the ITAT in ITA Nos. 65

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

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

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

disallowed under section 43B read with section 36(1)(va) of the Act in view of the binding decisions of the Hon’ble Rajasthan High Court. “ 11. A similar view has been taken by this Bench of the ITAT in ITA Nos. 65

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

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

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

disallowed under section 43B read with section 36(1)(va) of the Act in view of the binding decisions of the Hon’ble Rajasthan High Court. “ 11. A similar view has been taken by this Bench of the ITAT in ITA Nos. 65

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

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

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

disallowed under section 43B read with section 36(1)(va) of the Act in view of the binding decisions of the Hon’ble Rajasthan High Court. “ 11. A similar view has been taken by this Bench of the ITAT in ITA Nos. 65

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

The appeals are allowed for statistical purposes

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

disallowed under section 43B read with section 36(1)(va) of the Act in view of the binding decisions of the Hon’ble Rajasthan High Court. “ 6.5 A similar view has been taken by this Bench of the ITAT in ITA Nos. 65

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

The appeals are allowed for statistical purposes

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

disallowed under section 43B read with section 36(1)(va) of the Act in view of the binding decisions of the Hon’ble Rajasthan High Court. “ 6.5 A similar view has been taken by this Bench of the ITAT in ITA Nos. 65

SHRI SEWARAM CHARITABLE TRUST ,KOTA vs. ITO, WARD, EXEMPTION, UDAIPUR

The appeal of the assessee is allowed

1) of the Act dated 26.03.2019 by Dy. Commissioner of Income Tax (DCIT), Central Processing Centre (CPC), Bengaluru. It is also not in dispute that the assessee has failed to file form 10B along with return of income. No doubt in order to claim the deduction under section 11 & 12 of the Act conditions laid down in the provisions contained

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

In the result, appeal of the assessee is allowed

1 CIT vs. Oriental Structural Engineers P. Ltd. (2013) 216 Taxman 92 (Del.) 58-59 2 Arumugam Olaganathan vs. CIT (2020) NYP CTR 662 (mad) 60-61 3 Pr. VIT PTC India Financial Services Ltd. (2022) 6 NYP CTR 1006 (Delhi) 62-64 4 Pr. CIT vs. Era Infrastructure India Ltd. (2022) 327 CTR (Del) 489 65

APNA GHAR ASHRAM,JODHPUR vs. DDIT, CPC / ITO, WARD (EXEMPTION), BANGALORE / JODHPUR

In the result, appeal of the Assessee is allowed

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

disallowing the claim of exemption under section 11 and making an addition of Rs. 2 1,60,22,225/-, thereby raising a demand of Rs. 65

SH. MAHENDRA SINGH,FLAT NO.303, ASHAPURA TOWER, PAOTA, JODHPUR vs. ACIT, CIRCLE-3, JODHPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. S. Seethalakshmi & Shri Rathod Kamlesh Jayantbhaishri Mahendra Singh Vs Theacit Flat No. 303, Ashapura Tower Circle-3 Paota, Jodhpur Jodhpur (Appellant) (Respondent) Pan No. Csdps 5573B

section 36(1)(iii) of the Act. I do not find any reason whatsoever in nature to interfere with the observation and findings of the Ld. Assessing Officer in regard to the disallowance of Interest expenditure u/s. 36(1)(iii) of the Act of Rs. 1,18,90,400/-.No interference in AO's Order is called for. The addition

SUNIL PAGARIA,UDAIPUR vs. ITO, WARD-2(1), UDAIPUR

In the result, the appeal of the assessee is allowed

disallowing exemption u/s 54F of the Income Tax Act. 3. The Ld. AO has grossly erred in law & facts in charging interest u/s 234 of the Act. 4. The appellant reserves rights to add/alter/amend/withdrawn any/all grounds of the appeal.” 3. Brief facts of the case that the assessee is engaged in the business of Hotel and Resort as proprietor

OCHHAB LAL JAIN,UDAIPUR vs. DCIT CENTRAL CIRCLE-1, UDAIPUR, UDAIPUR

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

65,000/- respectively given which have been deleted vide page 23 of the CIT(A) order. Hence, the ld. CIT(A) ought to have confined enhancement only in the years where the subject matter or related issue involved in those year before him not of the other years i.ePower of enhancement conferred on CIT(A) can be exercised only

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

In the result the appeal of the assessee in ITA No

65 DTR 196 has held that it is the discretion of the taxing authorities as to what should be the percentage of profit that should be applied and that the discretion should be exercised on settled practice. (xii) In view of these facts, after the rejection of books of accounts u/s 145, the income of the appellant is required

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

65 DTR 196 has held that it is the discretion of the taxing authorities as to what should be the percentage of profit that should be applied and that the discretion should be exercised on settled practice. (xii) In view of these facts, after the rejection of books of accounts u/s 145, the income of the appellant is required