RADHAKISHAN BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

194C of the Act and the same is reflected in For 26AS of the Assessee and the Ld CIT(A) has erred in setting aside the issue for verification to the AO even when all documents are on record. Ground No 3: Based on facts and circumstances of the case and in law, the AO has erred in taxing amount

DCIT, CIRCLE -6, JAIPUR, NCRB, JAIPUR vs. ASCENT BUILDHOME DEVELOPERS LIMITED, ADARSH NAGAR, JAIPUR

In the result, the appeal of the revenue is dismissed

Section 143(3)\nof the Income Tax Act, [ for short Act] by ACIT, Circle-6, Jaipur [ for short\nAO ]\n2.\nIn this appeal, the revenue has raised following grounds: -\n\"1. On the facts and circumstances and in law, the Ld. CIT(A) has erred in\nadmitting the additional evidence under Rule 46A of the Income-tax Rules, 1962\nwithout

GOVINDAM BRJ INFRA PROJECTS PRIVATE LIMITED,JAIPUR vs. ACIT/DCIT CIR-6,JPR, JAIPUR

The appeals of the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

section 194C are not applicable on payments made directly to casual labourers for wages. - Percentage of labour cost to gross receipts varies depending upon the nature of project, labour intensity, and stage of execution. Merely because the AO feels 13% is “high” does not justify disallowance, especially without benchmarking against comparable cases. Judicial Precedents:  Dharmendra Prasad More, Balasore

GOVINDAM BRJ INFRA PROJECTS PRIVATE LIMITED,JAIPUR vs. ACIT/DCIT CIR-6,JPR, JAIPUR

The appeals of the assessee are allowed

section 194C are not applicable on payments made directly to\ncasual labourers for wages.\nPercentage of labour cost to gross receipts varies depending upon the nature of project,\nlabour intensity, and stage of execution. Merely because the AO feels 13% is \"high\" does\nnot justify disallowance, especially without benchmarking against comparable cases.\nJudicial Precedents:\nDharmendra Prasad More, Balasore

BALVEER SINGH,JAIPUR vs. ITO WARD 3(3) JAIPUR, INCOME TAX DEPARTMENT

bogus long term capital gains by\ninvesting in an unknown company Whether there being a clear link between\ninformation available with Assessing Officer and his formation of belief that\nIncome chargeable to tax had escaped assessment, reopening of assessment\nwas justified - Held, yes [Paras 7 and 8] [In favour of revenue.\"\n14. [2022] 140 taxmann.com 15 (Calcutta) HIGH COURT

CENTRE FOR DEVELOPMENT COMMUNICATION TRUST,JAIPUR vs. COMMISSIONER OF INCOME TAX EXEMPTION, JAIPUR

194C of the Income Tax Act,\n1961. Since, the work performed/done by the applicant trust are at the instance of\nconditions laid down in MOU/Agreement only and not out of the violation of the\ntrust activities. The activities of the Trust are in the nature of trade and commerce\nand cater solely to the profit motive of trust. Further

AKSHAY INFRASYS INDUSTRIES PVT. LTD.,JAIPUR vs. ITO, WARD-4(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

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

194C on contract value of Rs 34,86,21,423/-. However, form no.26AS of the assessee does not show any T.D.S on this contract receipt which leads that entire matter was facade of an arrangement only on paper and there was not real sale purchase between assessee and M/s Symphonia and Graphicus Pvt. Ltd. As a result

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

purchase and sale of real estate and flats, it was held that the direction of the Tribunal to the AO to take 25% of the sale proceeds received in cash as assessee's income rather than making addition of entire amount of sale proceeds received in cash is sustainable. In such cases, not the entire receipt but only the profit

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

purchase and sale of real\nestate and flats, it was held that the direction of the Tribunal to the AO to take\n25% of the sale proceeds received in cash as assessee's income rather than\nmaking addition of entire amount of sale proceeds received in cash is\nsustainable. In such cases, not the entire receipt but only the profit