INDIRA GIRI,JAIPUR vs. ASSESSING OFFICER, INCOME TAX DEPARMENT JAIPUR

The appeal of the assessee is allowed

Bench: The Due Date Of Furnishing Itr, Therefore Deposit In Capital Gain Account For Compliance U/S 54(2) Was Impossible On The Part Of The Assessee.

capital gain account scheme. The AO restricted the claim of investment in house property u/s 54F to Rs 28,00,000 only, as against claim made of Rs. 1,08,22,354/- and the deduction u/s 54F was recomputed proportionally as per provision of section 54F (1)b of the Income Tax Act. 5.1.1. In the computation of income

GURUVENDRA SINGH ,KOTA vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, KOTA, KOTA

In the result, appeal of the assessee is allowed

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

gains". On a conjoint reading of section 45 with section 54B, to avoid such absurdity as pointed out above, the word "transfer" should be read for the purposes of income-tax the date on which the compensation amount is paid to such assessee….” 4.9. Attention is also dawn towards the following judicial pronouncements rendered by Hon’ble ITAT, Jaipur

KATRATHAL GRAM SEWA SAHKARI SAMITI LIMITED ,KATRATHAL vs. ITO WARD 1 SIKAR, SIKAR

capital gains were\r\nnot treated to be genuine, AO also rejected claim of assessee for exemption u/s\r\n54F—CIT(A) held that, rejection of claim of exemption u/s 54F by AO, was in\r\norder-Held, section 54F, neither provided as pre-condition requirement of filing\r\nof 'return of income' by assessee within stipulated time period

ASSISTANT COMMISSIONER OF INCOME TAX,EXEMPTIONS,CIRCLE,JAIPUR, JAIPUR vs. GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY, JAIPUR RAJASTHAN

In the results the appeal of the revenue stands dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

capital expenditure as application out of receipts for the year. Not pressed. Additional Ground :- The learned AO has wrongly disallowed the claim of benefit u/s 11 & 12 of the Income Tax Act, 1961 for violation of section 13(1)(c) r.w.s. 13(2)(b)/(g) of the Income Tax Act, 1961. The assessee has not taken this ground in original

DCIT,C-7, JAIPUR vs. BHARAT MOHAN RATURI, JAIPUR

In the result, the appeal of the Department is dismissed and that of the C

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 413/JP/2022 fu/kZkj.ko"kZ@AssessmentYear :2013-14 The DCIT Circle-7 Jaipur cuke Vs. Shri Bharat Mohan Raturi 161, Indira Colony, Bani Park Jaipur 302 015 (Raj) LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AANPR 7066G vihykFkhZ@Appellant izR;FkhZ@Respondent CO No. 2/JP/2023 (Arising out of vk;djvihy la-@ITA No. 413/JP/2022 ) fu/kZkj.ko"kZ@AssessmentYear :2013-14 Shri Bharat Mohan Raturi 161, Indira

1) 59[Subject to the provisions of sub-section (4), where, in the case of an assessee being an individual or a Hindu undivided family], the capital gain arises from the transfer of any long-term capital asset, not being a 60residential house (hereafter in this section referred to as the original asset), and the assessee has, within a period

SHRI GULAB CHAND MEENA,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX (OSD) , JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 49/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year :2011-12 Cuke Shri Gulab Chand Meena, A.C.I.T.(Osd), Vs. Village- Dantali, Tehsil- Range-7, Sanganer, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Abupm 2026 R Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Manish Agarwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 11/01/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 28/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A)- 3, Jaipur Dated 06/12/2017 For The A.Y. 2011-12 In The Matter Of Order Passed U/S 143(3) Read With Section 147 Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. On The Facts & The Circumstances Of The Case The Ld. Cit(A) Erred In Confirming The Disallowance Of Deduction U/S 54F Of Rs. 5,78,571/- Made By Ld.Ao Arbitrarily & Accordingly Treating It As A Long Term Capital Gain When All The Conditions Prescribed U/S 54F Were Fulfilled By Assessee. 1.1. That The Ld. Cit(A) Has Further Erred In Not Considering The Fact That Assessee Had Submitted The Valuation Report In Support Of His Claim Of 2

1) Cost of acquisition was not claimed by assessee while computing capital gain at the time of filing return of income- In this regard, it is submitted that cost could not be claimed in computation by mistake as even otherwise, there was no income chargeable to tax under the head “Capital Gains”, since assessee had already invested entire capital gain

VAIBHAV GLOBAL LIMITED,JAIPUR vs. DCIT, CENTRAL CIRCLE-4, JAIPUR , JAIPUR

In the result, the appeal of the assessee is allowed

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

capital gain and accumulation of income u/s.11(2) of the Income Tax Act, 1961 deserves to be deleted.” [Emphasis Supplied] 8. Hon’ble ITAT, Delhi Bench, in matter of Vinod Malik [ITA no. 1635/Del/2021 : Assessment Year 2019-20 dated 25.11.2022] held that [PB : 3]: 10 VAIBHAV GLOBAL LTD VS DCIT, CIRCLE-4, JAIPUR 7. Failure to adhere to the mandatory

SHARAD KUMAR BHANDARI, JAIPUR,JAIPUR vs. DCIT CIRCLE (INTL TAX), JAIPUR, JAIPUR

1. The documents and data so found and seized pertain to the assessee\nand these have bearing on the determination of total income of the\nassessee. Therefore, after recording satisfaction note on 27.03.2023 as per\nprerequisite condition laid down in provisions of section 153C of the Act,\nnotices was issued

KIRAN YADAV,JAIPUR vs. INCOME TAX OFFICER, WARD-1(3), JAIPUR, JAIPUR

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

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

13 KIRAN YADAV VS ITO, WARED 1(3), JAIPUR To support the case, the ld. AR of the assessee has filed the following paper book. S.N. Details of documents Page No. 1. Copy of notice u/s 147 of the Act vide DIN & Notice 1 No. ITBA/AST/148/2020-21/1032056321(1) dated 31-03-2021 2. Computation Sheet Capital Gain working

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR vs. SHRI RAVINDRA MITTAL, JAIPUR

In the result, appeal of the Revenue is dismissed and the cross objection of the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 823/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2012-13 D.C.I.T., Cuke Shri Ravindra Mittal, Vs. Circle-6, 804, Akshat Niley Apartment, Jaipur. Hawa Sarak, Civil Lines, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aexpm 9057 N Vihykfkhz@Appellant Izr;Fkhz@Respondent

1,98,776/-,allowed by Assessing Officer. The 2nd issue is whether provisions of section 50C are applicable. Since in earlier para, I have held that the income from sale of property is to be taxed under the head long term capital gain, therefore provisions of section 50C are applicable. Accordingly, the value substituted by Assessing Officer with

BECKHAUL DIGITAL TECHNOLOGIES PRIVATE LIMITED,JAIPUR vs. ITO WARD 1(1), JAIPUR , JAIPUR

In the result, all the three appeals of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

capital gain and accumulation of income u/s 11(2) of the Income Tax Act, 1961 deserves to be deleted. (Emphasis Supplied] 1.6. Further, attention is also drawn towards the judgement of Hon'ble Delhi ITAT in matter of Vinod Malik [ITA no. 1635/Del/2021: Assessment Year 2019-20 dated 25.11.2022] wherein it was held that 7. Failure to adhere

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SNEHLATA AGARWAL, SIKAR

In the result, the appeals of the revenue in ITA No

section 132(1) of the Act was carried out on 13-06-\n2019 at the various premises of Dewan Group. The assessee derives\nincome from Business or Profession and Other Source during the year\nunder consideration. Consequent to search action, notice u/s.153A of the\nAct was issued to the assessee on 04-03-2021 which was duly served. In\nresponse

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SUBHASH CHANDRA BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

section 132(1) of the Act was carried out on 13-06-\n2019 at the various premises of Dewan Group. The assessee derives\nincome from Business or Profession and Other Source during the year\nunder consideration. Consequent to search action, notice u/s.153A of the\nAct was issued to the assessee on 04-03-2021 which was duly served. In\nresponse

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. VIPUL BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

section 132(1) of the Act was carried out on 13-06-\n2019 at the various premises of Dewan Group. The assessee derives\nincome from Business or Profession and Other Source during the year\nunder consideration. Consequent to search action, notice u/s.153A of the\nAct was issued to the assessee on 04-03-2021 which was duly served. In\nresponse

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. PRIYA DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

section 132(1) of the Act was carried out on 13-06-\n2019 at the various premises of Dewan Group. The assessee derives\nincome from Business or Profession and Other Source during the year\nunder consideration. Consequent to search action, notice u/s.153A of the\nAct was issued to the assessee on 04-03-2021 which was duly served. In\nresponse

DCIT, CENTRAL CIRCLE-1, JAIPUR , JAIPUR vs. USHA BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

section 132(1) of the Act was carried out on 13-06-\n2019 at the various premises of Dewan Group. The assessee derives\nincome from Business or Profession and Other Source during the year\nunder consideration. Consequent to search action, notice u/s.153A of the\nAct was issued to the assessee on 04-03-2021 which was duly served. In\nresponse

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. PRIYA DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

section 132(1) of the Act was carried out on 13-06-\n2019 at the various premises of Dewan Group. The assessee derives\nincome from Business or Profession and Other Source during the year\nunder consideration. Consequent to search action, notice u/s.153A of the\nAct was issued to the assessee on 04-03-2021 which was duly served. In\nresponse

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SARITA DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

Section 132(1) of the Act was carried out on 13-06-\n2019 at the various premises of Dewan Group. The assessee derives\nincome from Business or Profession and Other Source during the year\nunder consideration. Consequent to search action, notice u/s.153A of the\nAct was issued to the assessee on 04-03-2021 which was duly served. In\nresponse

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SNEHLATA AGARWAL, SIKAR

In the result, the appeals of the revenue in ITA No

section 132(1) of the Act was carried out on 13-06-\n2019 at the various premises of Dewan Group. The assessee derives\nincome from Business or Profession and Other Source during the year\nunder consideration. Consequent to search action, notice u/s.153A of the\nAct was issued to the assessee on 04-03-2021 which was duly served. In\nresponse