PRAMOD KASLIWAL,JAIPUR vs. ITO WD. 6(2) , NEW CENTRAL REVENUE BUILDING, BHAGWAN DASS ROAD, JAIPUR 302005

Appeals of the assessee are allowed statistically

Bench: Ld. Cit/Nfac.

Section 49(1) of the Act, the capital gains liability has to be computed by considering that the assessee held the said asset from the date it was held by the previous owner and the same analogy has also to be applied in determining the indexed cost of acquisition. iv. Judgments relied in support of the above

PRAMOD KASLIWAL,JAIPUR vs. ITO WD. 6(2) , BHAGWAN DASS ROAD, JAIPUR

Appeals of the assessee are allowed statistically

Bench: Ld. Cit/Nfac.

Section 49(1) of the Act, the capital gains liability has to be computed by considering that the assessee held the said asset from the date it was held by the previous owner and the same analogy has also to be applied in determining the indexed cost of acquisition. iv. Judgments relied in support of the above

GHODAWAT HOTELS PVT.LTD.,JAIPUR vs. DCIT(HQ), JAIPUR

In the result, both the appeals of the assessee are partly allowed for statistical purposes as indicated above

section 48(1) – Held, yes.” 2. CIT Vs. Eagle Theatres (Del) ITA 1287/2011 (Pages 8-12) 3.242 ITR 582 (Bom) CIT Vs. Miss Piroja C. Patel (pages 13-14 4. 218 ITR 598 (Bom) Hardiallia Chemicals Ltd. Vs. CIT (pages 15- 20) 5.161 ITD 211 (ITAT, Ahd.)Nanubhai Keshavlal Chokshi HUF vs. ITO (pages 21-26) As regards observation

ACIT (TDS), JAIPUR vs. GNADHI VIDHYA MANDIR, CHURU

section 194J of the Act. ACIT, (TDS), Jaipur vs. Gandhi Vidya Mandir, Churu (x) It is submitted that no basis has been stated by the learned. A.O. for assuming that study centres authorized by the appellant were providing technical, managerial and consultancy services. 4. The ld AR further relied upon certain judicial precedents and submitted that: 4.1 The arrangements between

PRADEEP KUMAR ROCHWANI, JODHPUR,JODHPUR vs. CIRCLE (INTL TAX), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

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

48 of the Act and also referred decision. In this regard I humbly submits as under: - a. It is submitted that during the assessment proceeding the appellant had explained with evidences that the applicant had acquired the legal rights and interest on such flat on 1st December, 2009 through allotment letter. Therefore, the index cost of acquisition was considered

CONSERVATOR OF FOREST AND FIELD DIRECTOR TIGER PROJECT SARISKA,SARISKA ALWAR vs. INCOME TAX OFFICER WARD TDS , MOTI DUNGARI ALWAR

In the result, the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 450, 466, 470 to 475/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17, 2009-10, 2010-11 to 2015-16 M/s Conservator of Forest and Field Tiger Project Sariska, Alwar cuke Vs. The Income Tax Officer (TDS), Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALC 1579 N vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Saajan Saini (Adv.) jktLo dh vksj ls@ Revenue b

sections 09, 17a139.44,48 and 49-B. d) To prevent discharging of environment pollutant and in case of violation impose penalty. e) To prevent causing explosion likely to endanger wild life. मूलो f) To prevent for pollution of stream of DEPARTMENT or well. Conservator of Forest and Field Tiger Project Sariska vs. ITO(TDS

CONSERVATOR OF FOREST AND FIELD DIRECTOR TIGER PROJECT SARISKA,SARISKA ALWAR vs. INCOME TAX OFFICER WARD TDS, ALWAR

In the result, the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 450, 466, 470 to 475/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17, 2009-10, 2010-11 to 2015-16 M/s Conservator of Forest and Field Tiger Project Sariska, Alwar cuke Vs. The Income Tax Officer (TDS), Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALC 1579 N vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Saajan Saini (Adv.) jktLo dh vksj ls@ Revenue b

sections 09, 17a139.44,48 and 49-B. d) To prevent discharging of environment pollutant and in case of violation impose penalty. e) To prevent causing explosion likely to endanger wild life. मूलो f) To prevent for pollution of stream of DEPARTMENT or well. Conservator of Forest and Field Tiger Project Sariska vs. ITO(TDS

CONSERVATOR OF FOREST AND FIELD DIRECTOR TIGER PROJECT SARISKA,SARISKA ALWAR vs. INCOME TAX OFFICER WARD TDS , MOTI DUNGARI

In the result, the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 450, 466, 470 to 475/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17, 2009-10, 2010-11 to 2015-16 M/s Conservator of Forest and Field Tiger Project Sariska, Alwar cuke Vs. The Income Tax Officer (TDS), Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALC 1579 N vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Saajan Saini (Adv.) jktLo dh vksj ls@ Revenue b

sections 09, 17a139.44,48 and 49-B. d) To prevent discharging of environment pollutant and in case of violation impose penalty. e) To prevent causing explosion likely to endanger wild life. मूलो f) To prevent for pollution of stream of DEPARTMENT or well. Conservator of Forest and Field Tiger Project Sariska vs. ITO(TDS

CONSERVATOR OF FOREST AND FIELD DIRECTOR TIGER PROJECT SARISKA,SARISKA ALWAR vs. INCOME TAX OFFICER WARD TDS, MOTI DUNGARI ALWAR

In the result, the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 450, 466, 470 to 475/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17, 2009-10, 2010-11 to 2015-16 M/s Conservator of Forest and Field Tiger Project Sariska, Alwar cuke Vs. The Income Tax Officer (TDS), Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALC 1579 N vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Saajan Saini (Adv.) jktLo dh vksj ls@ Revenue b

sections 09, 17a139.44,48 and 49-B. d) To prevent discharging of environment pollutant and in case of violation impose penalty. e) To prevent causing explosion likely to endanger wild life. मूलो f) To prevent for pollution of stream of DEPARTMENT or well. Conservator of Forest and Field Tiger Project Sariska vs. ITO(TDS

CONSERVATOR OF FOREST AND FIELD DIRECTOR, TIGER PROJECT SARISKA (LOCAL AUTHORITY) ,SARISKA, ALWAR vs. INCOME TAX OFFICER ( TDS), MOTI DUNGARI ALWAR

In the result, the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 450, 466, 470 to 475/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17, 2009-10, 2010-11 to 2015-16 M/s Conservator of Forest and Field Tiger Project Sariska, Alwar cuke Vs. The Income Tax Officer (TDS), Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALC 1579 N vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Saajan Saini (Adv.) jktLo dh vksj ls@ Revenue b

sections 09, 17a139.44,48 and 49-B. d) To prevent discharging of environment pollutant and in case of violation impose penalty. e) To prevent causing explosion likely to endanger wild life. मूलो f) To prevent for pollution of stream of DEPARTMENT or well. Conservator of Forest and Field Tiger Project Sariska vs. ITO(TDS

CONSERVATOR OF FOREST AND FIELD DIRECTOR TIGER PROJECT SARISKA ,SARISKA ALWAR vs. INCOME TAX OFFICER WARD TDS, ALWAR

In the result, the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 450, 466, 470 to 475/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17, 2009-10, 2010-11 to 2015-16 M/s Conservator of Forest and Field Tiger Project Sariska, Alwar cuke Vs. The Income Tax Officer (TDS), Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALC 1579 N vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Saajan Saini (Adv.) jktLo dh vksj ls@ Revenue b

sections 09, 17a139.44,48 and 49-B. d) To prevent discharging of environment pollutant and in case of violation impose penalty. e) To prevent causing explosion likely to endanger wild life. मूलो f) To prevent for pollution of stream of DEPARTMENT or well. Conservator of Forest and Field Tiger Project Sariska vs. ITO(TDS

CONSERVATOR OF FOREST AND FIELD DIRECTOR TIGER PROJECT SARISKA,SARISKA ALWAR vs. INCOME TAX OFFICER WARD TDS , MOTI DUNGARI ALWAR

In the result, the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 450, 466, 470 to 475/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17, 2009-10, 2010-11 to 2015-16 M/s Conservator of Forest and Field Tiger Project Sariska, Alwar cuke Vs. The Income Tax Officer (TDS), Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALC 1579 N vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Saajan Saini (Adv.) jktLo dh vksj ls@ Revenue b

sections 09, 17a139.44,48 and 49-B. d) To prevent discharging of environment pollutant and in case of violation impose penalty. e) To prevent causing explosion likely to endanger wild life. मूलो f) To prevent for pollution of stream of DEPARTMENT or well. Conservator of Forest and Field Tiger Project Sariska vs. ITO(TDS

CONSERVATOR OF FOREST AND FIELD DIRECTOR TIGER PROJECT SARISKA,SARISKA ALWAR vs. INCOME TAX OFFICER WARD TDS , MOTI DUNGARI

In the result, the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 450, 466, 470 to 475/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17, 2009-10, 2010-11 to 2015-16 M/s Conservator of Forest and Field Tiger Project Sariska, Alwar cuke Vs. The Income Tax Officer (TDS), Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALC 1579 N vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Saajan Saini (Adv.) jktLo dh vksj ls@ Revenue b

sections 09, 17a139.44,48 and 49-B. d) To prevent discharging of environment pollutant and in case of violation impose penalty. e) To prevent causing explosion likely to endanger wild life. मूलो f) To prevent for pollution of stream of DEPARTMENT or well. Conservator of Forest and Field Tiger Project Sariska vs. ITO(TDS

VODAFONE DIGILINK LIMITED,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is allowed

48. In our considered opinion, Section 194H pre-supposes the payment to be made to the third party namely, Distributor or the Agency and if on a close scrutiny of Section 182, Distributor is not an agent, therefore, in our considered opinion, the provisions of Section 194H have wrongly been invoked, and therefore, the first issue is answered in favour

SAURYA URJA COMPANY OF RAJASTHAN LIMITED,JAIPUR vs. ITO WARD 1(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed for statistical\npurposes

section 143(1) (a) speaks about computation of total\nincome or loss after making the adjustments provided therein. Further the first\nproviso provides for prior intimation in case of such adjustment to the total\nincome. In the case of the appellant, the income returned was accepted u/s\n143(1). Thus, there was no adjustment made by CPC to the returned

GILLETTE INDIA LIMITED,SPA-65A, INDUSTRIAL AREA, BHIWADI, DISTRICT- ALWAR vs. PCIT, JAIPUR-1, JAIPUR

In the result, the appeal of the assessee is partly allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

section 263 by Finance Act, 2015, w.e.f. 01.06.2015, which has widened the powers of CIT to revise the already completed assessment. In the present case ld. PCIT has taken shelter of clause (a) and (b) of the same, which reads as under: Explanation 2.—For the purposes of this section, it is hereby declared that an order passed

M/S SILVEX & CO. (INDIA) LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeals are partly allowed

48 EPIP, Jaipur. Jewellery Zone, Sitapura Industrial Area, Jaipur. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAJCS 4492 C vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assesseeby : Shri Manish Agarwal(C.A.) jktLo dh vksj ls@Revenue by : Shri P.R. Meena (CIT) a lquokbZ dh rkjh[k@Date of Hearing 14/09/2022 mn?kks"k.kk dh rkjh[k@Date

M/S SILVEX & CO. (INDIA) LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeals are partly allowed

48 EPIP, Jaipur. Jewellery Zone, Sitapura Industrial Area, Jaipur. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAJCS 4492 C vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assesseeby : Shri Manish Agarwal(C.A.) jktLo dh vksj ls@Revenue by : Shri P.R. Meena (CIT) a lquokbZ dh rkjh[k@Date of Hearing 14/09/2022 mn?kks"k.kk dh rkjh[k@Date