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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: rajasthan Page 1 of about 6,651 results (0.057 seconds)

Jan 16 2015 (HC)

Commissioner of Income Tax-II, Jodhpur Vs. Krishi Upaj Mandi Samiti

Court : Rajasthan Jodhpur

..... cawasjee institute (supra) and in institute of banking personnel (supra). the substantial question framed in the instant matter, thus, is answered in the terms that the income tax appellate tribunal rightly allowed depreciation claimed by the assessee on capital assets for which capital expenditure was already given in the year under consideration. the appeal stands dismissed accordingly. ..... in double deduction of capital expenditure leading to violation of provisions of section 11(1) of the income tax, 1961 (hereinafter referred to as 'the act of 1961'). 3. per contra, as per learned counsel for the assessee, section 32 of the act of 1961 nowhere makes any distinction in the charitable trust or any other body or person so far ..... assessee's claim for depreciation of rs.26,20,926/-. the commissioner of income tax (appeals) affirmed the order of assessment but the income tax appellate tribunal, jodhpur bench, jodhpur by its order dated 18.7.2008, while accepting the appeal preferred by the assessee, directed the income tax department to allow the claim of depreciation made by the assessee, hence, this ..... be kept in mind that ultimately assessee is a charitable institution and its income for tax purposes is required to be determined by taking into consideration provisions of section 11 of the act of 1961 after extending normal depreciation and deductions from its gross income. in computing the income of a charitable institution/trust depreciation of assets owned by such institution is .....

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Oct 14 2014 (HC)

M/S. K.B. Co-op. Art Vs. State and ors

Court : Rajasthan Jodhpur

..... recognise a firm as an entity distinct from the members composing it. the law recognises partnership firm as a distinct personality only for the purpose of income tax by virtue of the specific provisions under the income tax act. a firm is merely an association of individuals and firm name is only a collective name of those individuals who constitute the firm. it is a ..... is indicative of the commercial standing and reliability of the tendering entity. this feature being absent, we think that the filing of the latest income tax return was a collateral term, and accordingly the tendering authority ought to have brought this discrepancy to the notice of the appellant company and if even thereafter no rectification had ..... qualifications was either the gross income or the net income on which tax was attracted. in many cases this is a salutary stipulation, since it ..... the appellant company and scrutinised by us. for assessment year 2011-2012, the gross income of the appellant company was rs 15,34,05,627, although, for the succeeding assessment year 2012-2013, the income tax was nil, but substantial tax had been deposited.18. we think that the income tax return would have assumed the character of an essential term if one of the .....

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Jul 02 2014 (HC)

Manohar Lal Vs. I.T.O.Ward-2,bhilwara

Court : Rajasthan Jodhpur

..... appeared for the appellant and the matter stood adjourned. request for further adjournment stands declined. the assessee seeks to maintain this appeal under section 260a of the income tax act, 1961 against the order passed by the income tax appellate tribunal, jodhpur bench, jodhpur ( itat ) on 17.04.2009 for the assessment year 2004-05. this appeal, filed on 03.10.2012, is reportedly time ..... 2 being 30.08.2009).3. that the said delay of 25 days occurred due to a decision of filing of a miscellaneous application u/s 254(2) of the income tax act, 1961 first, against the impugned order dated 17.04.2009, in as much there are certain apparent mistakes which could be got rectified from the ld. itat. under the aforesaid ..... discussion and filing the present appeal. thereafter, present appeal was filed immediately. these circumstances were beyond the control of the humble applicant-assessee.5. the appellant-assessee is an old income tax assessee and as when need arose and duly advised, he immediately filed appeal within limitation and in the past no appeal was filed at any stage after limitation. by not ..... over, we are satisfied that it remains vague and incomplete on material particulars and in any event, does not make out any sufficient cause for condonation of delay. d.b. income tax appeal no.95/2012 manohar lal vs i.t.o. ward-2, bhilwara 3 it appears from the contents of the application that an appeal was filed by the assessee .....

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Apr 23 2014 (HC)

Ummed Mal and anr Vs. Mool Chand and ors

Court : Rajasthan Jodhpur

..... of the said judgment posed a question as to 'what does the expression finding . mean?.' and while observing that finding has not been defined in the income tax act, quoted order xx, rule 5 cpc and observed as under:- 9........under this order, a "finding" is, therefore, a decision on an issue framed ..... suit. the scope of the meaning of the expression "finding" is considered by a division bench of the allahabad high court in pt. hazari lal v. income-tax officer, kanpur : (1960)39 itr265all).there, the learned judges pointed out: the word "finding", interpreted in the sense indicated by us above, will only ..... submitted that the document exhibit-a/2 is duly proved and the defendants are entitled to protection under section 53a of the transfer of property act, 1882 ('the act') and the suit filed by the plaintiffs is ex facie barred by limitation; the direction to return the original patta has been issued by ..... to claim ownership and possession of the suit property, when they started claiming title on the suit property; the plaintiffs have failed to indicate any act on their part between the period 1948 to 1982 claiming title/possession of the suit plot, even the 9 original patta was in possession of ..... to be in uninterrupted possession of the defendants as owners and based on the possession the defendant no.1 got his name entered in the house tax record of the municipal board in 1979-80; the defendants requested plaintiff no.1 for getting the transfer registered but she asked them to return .....

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Apr 22 2014 (HC)

Bhanvi Agro Pvt.Ltd Vs. C.i.T

Court : Rajasthan Jodhpur

..... paid to the sales tax department for compounding the infringement of law. as per the assessee the amount aforesaid was a trading loss, thus, is deductible ..... by the sales tax department the assessee considered the default and get the infringement of law compounded by depositing a sum of rs.12.15 lacs besides the tax and interest thereon. a claim was made by the assessee for having deduction as per -2- section 37(1) of the income tax act against the amount ..... get infraction of law compounded cannot be treated as disbursement to carry on the business and to earn profit in that. the findings arrived by the learned income tax appellate tribunal, thus, -3- does not suffer from any error and no substantial question of law exists in the instant appeal. accordingly, the appeal ..... as business expenditure. the claim made by the assessee was not accepted, thus, he preferred an appeal before the commissioner of income tax (appeals) and that came to be allowed in part vide order dated 24.4.2008. to challenge the order dated 24.4.2008 revenue preferred ..... an appeal before the income tax appellate tribunal, jodhpur bench, jodhpur and that came to be accepted under the order impugned. while questioning correctness of the order aforesaid the submission .....

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Nov 09 2013 (HC)

C.i.T., Bikaner Vs. Poonam Chand Surana

Court : Rajasthan Jodhpur

..... , 1961 [ the act ]., the revenue seeks to question the order dated 17.05.2013 passed by the income tax appellate tribunal, jodhpur bench, jodhpur [ itat ].in ita no.596/ju/2010 for the assessment year 2003-04 whereby, the itat has ..... . cit, bikaner versus poonam chand surana // 1 // 35 d.b.income tax appeal no.189/2013. commissioner of income tax, bikaner versus poonam chand surana .date of order :: 9th november 2013. hon'ble mr.justice dinesh maheshwari hon'ble mr.justice v.k.mathur mr.k.k.bissa, for the appellant. by the court: by way of this appeal under section 260-a of the income tax act ..... -vii(2).chennai; and prayed that the entire survey records be transferred to the concerned income tax officer at chennai. it appears that such proceedings were dropped on 18.10.2005. however, later on, a notice under section 148 of the act dated 03.04.2006 was issued by the ito, suratgarh for the assessment year 2003-04 which was served upon the ..... appeal no.138/bkn/2009-10 while holding that the notice issued by the income tax officer [ ito ]., suratgarh to the assessee suffered from want of jurisdiction. the relevant background aspects of the matter are that on 05.03.2003, a survey under section 133-a of the act was conducted at the business premises of the firm m/s vardhman mills, said .....

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Oct 17 2013 (HC)

C.i.T., Udaipur Vs. M/S Chittorgarh Kendriya Sah. Bank Ltd

Court : Rajasthan Jodhpur

..... that no substantial question of law is involved in this appeal filed by the revenue under section 260-a of the income tax act, 1961 [ the act ].against the order dated 17.12.2012 passed in ita no.387/ju/2011 by the income tax appellate tribunal, jodhpur bench, jodhpur [ the itat ].for the assessment year 2007-08. the sum and substance of the matter could ..... had intentionally claimed inadmissible deductions under section 80p(2) to reduce the taxable income; and proceeded to impose the penalty under section 271(1)(c) of the act to the tune of rs.93,70,460/-. in the appeal preferred by the assessee, the learned commissioner of income tax (appeals).udaipur [ the cit(a) ].was convinced that the claim of deduction by the assessee had ..... not been that of concealment of income or furnishing of inaccurate particulars.and in the given fact ..... furnishing inaccurate particulars of income as held by the honourable supreme court in the case of cit versus reliance petro products (p) ltd in context of disallowance of the claim regarding interest on loan taken by the assessee which was disallowed under section 14a of the act. it has been held that merely because the assessee claimed deduction of interest expenditure which has .....

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Sep 04 2013 (HC)

C.i.T.Udaipur Vs. M/S Choudhary Construction

Court : Rajasthan Jodhpur

..... order dated 28.04.2010 passed by the income tax appellate tribunal, jodhpur bench, jodhpur ['the tribunal'], whereby, the appeal preferred by the revenue against appellate order dated 23.03.2009 passed by the ..... :judgment: d.b. income tax appeal no.15/2013 commissioner of income, udaipur vs. m/s. choudhary construction company, dungarpur date of judgment ::04. h september, 2013 present hon'ble mr. justice narendra kumar jain hon'ble mr. justice arun bhansali mr. k.k. bissa, for the appellant. ---- by the court: this appeal under section 260a of the income tax act, 1961 ['the act'] is directed against ..... commissioner of income tax (appeals), udaipur ['cit (a)'] was dismissed. the facts in brief are that the assessee a government contractor filed its return of income for the assessment year 2005-06 declaring total income of rs. 22,28,429/-. the assessment was completed under section 143(3) of the act on a total income of rs. 72,76,430/-. the assessing .....

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Aug 23 2013 (HC)

C.i.T.Udaipur Vs. M/S Amarjothi Granites (India) Pvt.Ltd

Court : Rajasthan Jodhpur

..... mr. justice arun bhansali mr. k.k. bissa, for the appellant. ---- by the court: this appeal under section 260a of the income tax act, 1961 ['the act'] has been preferred by the revenue aggrieved against order dated 30.03.2012 passed by the income tax appellate tribunal, jodhpur bench, jodhpur ['the tribunal'], whereby, the appeal preferred by the department against order dated 22.02.2010 passed ..... by the commissioner of income tax (appeals), jodhpur ['cit (a)'] was dismissed. the facts in brief are that the return of income for the assessment year ..... making addition/disallowances of rs.84,44,957/- on various issues. 2 the appeal preferred by the assessee before the cit(a) was partly allowed and the plea raised by the assessee regarding reducing ..... 2007-08 was filed by the assessee on 31.10.2007 declaring total income of rs.75,59,309/- and the assessment was completed under section 143(3) of the act on 21.12.2009 at a total income of rs.1,60,04,266/- by .....

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Aug 23 2013 (HC)

C.i.T.1,jodhpur Vs. Om Prakash

Court : Rajasthan Jodhpur

..... arun bhansali mr. k.k. bissa, for the appellant. ---- by the court: this appeal under section 260a of the income tax act, 1961 ['the act'] has been preferred by the revenue aggrieved against order dated 12.09.2012 passed by the income tax appellate tribunal, jodhpur bench, jodhpur ['the tribunal'], whereby, the appeal preferred by the department against order dated 20.02.2008 passed ..... out at the residential premises of the assessee-respondent on 03.02.1999. the assessing officer ('ao') framed assessment under section 158bc of the act by assessment order dated 27.04.2001. aggrieved against ..... by the commissioner of income tax (appeals), jodhpur ['cit (a)'] was dismissed. the facts in brief are that search operations were carried ..... that the block assessment order was time barred. it was submitted that the explanation-2(a) to section 158be of the act was not properly construed, which has resulted in passing of the orders impugned. the learned cit(a) while dealing with the factual aspect of the search and the panchnama prepared observed thus:- i have given a careful .....

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