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

89,472. The AO has disallowed the claim of depreciation on goodwill amounting to Rs. 4,00,78,257 on amalgamation of companies by observing that the amendment in relation to the depreciation on goodwill was made by Finance Bill 2021, i.e. from Assessment Year 2021-22, and therefore the disallowance of depreciation in the current year

ACIT, CHITTORGARH vs. M/S.THE BANSWARA CENTRAL CO-OPERATIVE BANK LTD., BANSWARA

In the result, the appeal of the Revenue is dismissed

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

disallowance of Rs.2,57,53,331/- made by the AO. 2.3 On the other hand, the ld. AR of the assessee supported the order of the ld. CIT(A) and submitted that the assessee was entitled to deduction of Rs.3,12,01,400/-, however, against which deduction of Rs.2,69,89,211/- was claimed. He further submitted that

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

In the result, the appeal of the assessee is allowed

disallowed to the extent, vide rectification u/s 154. (3) Alternatively: how assessment completed u/s 143 (3), proceeding u/s 154 is not amenable? Copy of reply dated 04/05/2018 attached at Pg No 54 to 97. Yet the Ld. AO did not consider without considering case laws furnished. In first appeal, it has been argued on similar line like:  Provision of section

ITO, WARD-1, PALI vs. SHRI MANISH PJAIN, PALI

In the result, the appeal of the Department is dismissed

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmithe Ito Vs Shri Manish P Jain Ward-1, 201, Landmark Society Pali J.P. Road, Andheri West, Mumbai-400058 (Appellant) (Respondent) Pan No. Ajcpj 5271 F

section 68 of the Act have been established therefore, the addition made on this account cannot be sustained. Accordingly, the addition of Rs. 4,59,89,090/- made by the AO on account of unexplained cash credit is deleted hereby. Further the interest of Rs. 56,10,355/- paid/credit to creditors is also hereby allowed. The appellant succeeds on this

INCOME TAX OFFICER, WARD-1, BARMER vs. PUSHP RAJ BOHRA, JALORE

The appeal of the revenue is allowed, in the manner discussed as above

Bench: Shri Rajpal Yadav, HonʼBle & Dr. Mitha Lal Meena, Hon'Bleito, Ward-1, Barmer. Vs. Pushp Raj Bohra, M-09, Shivaji Nagar, Jalore - 343001. Pan No. Aanpb4456C Assessee By Shri Goutam Chand Baid, C.A. Revenue By Smt. Runi Pal, Cit (D.R.) Date Of Hearing 29.04.2025. Date Of Pronouncement 01.03.2025. Order Per Dr. Mitha Lal Meena, A.M.: The Captioned Appeal Has Been Filed By The Revenue Against The Order Of The Id. National Faceless Appeal Centre [Nfac/Cit(A)], Delhi Dated 08.02.2024 In Respect Of Assessment Year: 2017-18 Where The Department Has Raised Following Grounds: 1. Whether The Id. Cit(A) Is Justified In Facts & Law In Directing To Treat The Income From The Sale Of Immovable Properties As Capital Gains Instead Of Business Income, By Ignoring The Fact That Assesse & His Business Concerns Are Engaged In The Business Of Property & Real Estate Development & Huge Expenses Of Rs. 8.72 Cr. Were Incurred By Assessee On Development Of Projects To Earn Profit. 2. Whether The Id. Cit(A) Has Erred In Law & Facts By Directing The Ao To Treat The Income From The Sale Of Immovable Properties As Income From Capital Gains Instead Of Business Income By Merely Following The Order Of Hon'Ble

89,239/- per para 4.9 page 22 & 23 of the assessment order. 6. Disallowance of deduction u/s 54Fas per para page 22 1,67,83,497/- & 23 0 the assessment order Total 3,19,48,821/- 4. Being aggrieved with the assessment order, the appellant filed appeal before the Ld. NFAC/CIT(A) who has granted relief to the assessee

ACIT, PAOTA C ROAD vs. VARAHA INFRA LIMITED, PAOTA B ROAD

In the result, the appeal of the revenue is dismissed

Bench: Dr. S. Seethalakshmi & Shri Rathod Kamlesh Jayantbhaithe Acit Vs M/S. Vardha Infra Ltd. Room No. 215, Aayakar Bhawan 6 Jalam Vilas Scheme Paota C Road, Jodhpur Paota B Road, Jodhpur (Appellant) (Respondent) Pan No. Aaccv 7972 K

section 40(a)(ia) be made. The AO is directed to delete separate addition of Rs. 13,87,72.635/- made u/s 40(a)(ia) of the Act. GOA no. 4 is, therefore, allowed. 8.4. GoA no, 2- "The Id. AO has erred in rejecting the books of accounts. The Id. AO has erred in applying ne t profit rate

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

VINAY MITTAL,SRIGANGANAGAR vs. ITO, WARD-1, SRIGANGANAGAR

The appeal of the Assessee is partly allowed for statistical purposes

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Blevinay Mittal Income Tax Officer, 3, J Block, Sriganganagar (Raj.) Ward No. -1, Ward No. 1 Keshrisinghpur Sriganganagar Sriganganagar Pan No. Avopm6894P Assessee By Shri Virendra Jain, Advocate (Physical) Revenue By Shri P.M. Mirdha, Addl. Cit- Dr (Virtual) Date Of Hearing 16.02.2026. Date Of Pronouncement 26.02.2026. Order Dr. Mitha Lal Meena, A.M.: This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre [Hereinafter Referred To As The Nfac/ Cit (A)] Dated 22.03.2024 With Respect To Assessment Year 2020-21. 2. The Appellant Assessee Has Taken Following Grounds Of Appeal:-

disallowed the expenses claimed of Rs. 1,20,55,195/- as not verifiable and not allowable to the Assessee looking into the nature of the business. 6. Being aggrieved with the assessment order, the Assessee has filed an appeal before the Ld. CIT(A) who has endorsed the finding of the AO by observing that several notices under Section

UDAIPUR SAHAKARI UPHOKTA THOK BHANDAR LTD.,,UDAIPUR vs. ACIT, CIRCLE-2, UDAIPUR

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

Bench: Shri Kul Bharat & Shri Manish Borad441/Jodh/2018 (Assessment Year- 2014-15) Udaipur Sahakari Upbhokta Vs The Acit Thok Bhandar Ltd. Circle-2 Ist Floor, Shastri Circle, Uddaipur Udaipur (Appellant) (Respondent) Pan No. Aaaau 0159 K

disallowed interest of Rs.4,33,408/- by observing as under:- ‘’10 I have considered the submission of the appellant and the relevant findings of the AO. 10.1 The loans on which interest has been claimed by the assessee have been sactioned by ICDP for specific purpose details of which are as under:- S.N. Date Amount Purpose Interest paid

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

In the result, appeal of the assessee is partly allowed

section 143(3)/147 of the Income Tax Act, by the DCIT, Circle-01, Jodhpur. 2. The assessee has marched this appeal on the following grounds:- “1.That on the facts and in the circumstances of the case, the Id CIT(A) grossly erred in upholding validity of order passed by the Id AO. 2. That on the facts

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

89,554/- in A.Y. 2016-17 on account of alleged underreporting sales on estimate\nbasis without invoking the provision of sec.145(3) and without rejecting the books of\naccounts, also erred in not considering the material and details in their true perspective\nand sense despite available on record. Also erred in making the addition without\ninvoking any provision

ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, UDAIPUR, UDAIPUR vs. ANJANA CONSTRUCTION, CHITTORGARH

In the result, revenue’s appeal bearing ITA No

Bench: Dr. Mitha Lal Meena & Shri Anikesh Banerjee

section 153Cr.w.s. 153A of the IT. Act, 1961 for A.Y. 2011- 12 to 2016-17 and action w/s. 153C r.w.s. 153A required to be initiated in this case. Therefore, notices U/s 153Cr.w.s. 153A of the Income-tax Act, 1961 for A.Y. 2011-12 to 2016-17 are being issued in this case. 7. Assessment years involved

ANJANA CONSTRUCTION,NIMBAHERA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, UDAIPUR, UDAIPUR

In the result, revenue’s appeal bearing ITA No

Bench: Dr. Mitha Lal Meena & Shri Anikesh Banerjee

section 153Cr.w.s. 153A of the IT. Act, 1961 for A.Y. 2011- 12 to 2016-17 and action w/s. 153C r.w.s. 153A required to be initiated in this case. Therefore, notices U/s 153Cr.w.s. 153A of the Income-tax Act, 1961 for A.Y. 2011-12 to 2016-17 are being issued in this case. 7. Assessment years involved

ANJANA CONSTRUCTION,NIMBAHERA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, UDAIPUR, UDAIPUR

In the result, revenue’s appeal bearing ITA No

Bench: Dr. Mitha Lal Meena & Shri Anikesh Banerjee

section 153Cr.w.s. 153A of the IT. Act, 1961 for A.Y. 2011- 12 to 2016-17 and action w/s. 153C r.w.s. 153A required to be initiated in this case. Therefore, notices U/s 153Cr.w.s. 153A of the Income-tax Act, 1961 for A.Y. 2011-12 to 2016-17 are being issued in this case. 7. Assessment years involved

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

In the result, appeal of the Revenue is dismissed

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

89,510/- made on account of cash deposited in various bank. 4. Whether on the facts and in the circumstances of the case and in law, the learned CIT(A) was justified in deleting the addition of Rs.96,61,840/- out of total addition of Rs.1,20,07,940/- by reducing NP rate to 0.84% from 4.7% on total gross