DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, JAIPUR vs. M/S CHOKHI DHANI DEVELOPERS PVT. LTD., JAIPUR

In the result, the appeals of the revenue stands dismissed

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

2. The respondent craves permission to add to or amend to any of grounds of appeal or to withdraw any of them. 45 ITA No. 264 to 267/JP/2022 & CO No.13 to 16/JP/2022 DCIT vs. M/s Rigid Conductors (Raj.) Pvt. Ltd. Ground No. 1 of the Cross appeal :- The ground no.1 is challenging the finding of the ld. AO that

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, JAIPUR vs. M/S RIGID CONDUCTORS (RAJ.) PVT. LTD., JAIPUR

In the result, the appeals of the revenue stands dismissed

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

2. The respondent craves permission to add to or amend to any of grounds of appeal or to withdraw any of them. 45 ITA No. 264 to 267/JP/2022 & CO No.13 to 16/JP/2022 DCIT vs. M/s Rigid Conductors (Raj.) Pvt. Ltd. Ground No. 1 of the Cross appeal :- The ground no.1 is challenging the finding of the ld. AO that

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. M/S VISION ESTATES PVT. LTD., JAIPUR

In the result, the appeals of the revenue stands dismissed

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

2. The respondent craves permission to add to or amend to any of grounds of appeal or to withdraw any of them. 45 ITA No. 264 to 267/JP/2022 & CO No.13 to 16/JP/2022 DCIT vs. M/s Rigid Conductors (Raj.) Pvt. Ltd. Ground No. 1 of the Cross appeal :- The ground no.1 is challenging the finding of the ld. AO that

DEPUTY COMMISSINER OF INCOME TAX, LIC BUILDING vs. M/S GEE VEE DEVELOPERS PVT. LTD., JAIPUR

In the result, the appeals of the revenue stands dismissed

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

2. The respondent craves permission to add to or amend to any of grounds of appeal or to withdraw any of them. 45 ITA No. 264 to 267/JP/2022 & CO No.13 to 16/JP/2022 DCIT vs. M/s Rigid Conductors (Raj.) Pvt. Ltd. Ground No. 1 of the Cross appeal :- The ground no.1 is challenging the finding of the ld. AO that

INCOME TAX OFFICER, ALWAR vs. M/S KRISH HOME PVT. LTD., NEW DELHI

In the result, we set aside the order of the ld

capital gains tax. The appeals, accordingly, fail and are dismissed. No costs.” It was considered by the Hon'ble Supreme Court that the assessee entered into an agreement to sell the land for housing purpose after applying and obtaining the permission to sell the land for non-agricultural purpose and therefore, when the land was neither cultivated prior

INCOME TAX OFFICER, JAIPUR vs. RAJASTHAN CRICKET ASSOCIATION, JAIPUR

In the result, appeal of the Department is dismissed

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

gains of business, unless the business is incidental to the attainment of the objectives of the trust or, as the case may be institutions and separate Books of accounts are maintained by such trust or institution in respect of such business.Now, coming to the allegation of the Assessing Officer that the major source of income are TV subsidy, sale

INCOME TAX OFFICER (EXEMPTIONS), WARD, JAIPUR, JAIPUR vs. RAJASTHAN CRICKET ASSOCIATION, JAIPUR

In the result, appeal of the Department is dismissed

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

gains of business, unless the business is incidental to the attainment of the objectives of the trust or, as the case may be institutions and separate Books of accounts are maintained by such trust or institution in respect of such business.Now, coming to the allegation of the Assessing Officer that the major source of income are TV subsidy, sale

INCOME TAX OFFICER (EXEMPTION),WARD, JAIPUR, JAIPUR vs. RAJASTHAN CRICKET ASSOCIATION, JAIPUR

In the result, appeal of the Department is dismissed

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

gains of business, unless the business is incidental to the attainment of the objectives of the trust or, as the case may be institutions and separate Books of accounts are maintained by such trust or institution in respect of such business.Now, coming to the allegation of the Assessing Officer that the major source of income are TV subsidy, sale

JODHPUR DEVELOPMENT AUTHORITY,JODHPUR vs. DCIT (EXEMPTION), JAIPUR

In the result, the appeal in ITA no

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

gains must, therefore, be incidental. The requirement in section 11(4A) of maintaining separate books of account is also in line with the necessity of demonstrating that the quantitative limit prescribed in the proviso to section 2(15), has not been breached. Similarly, the insertion of section 13(8), seventeenth proviso to section 10(23C) and third oroviso to section

JODHPUR DEVELOPMENT AUTHORITY,JODHPUR vs. DCIT (EXEMPTION), JAIPUR

In the result, the appeal in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 665 & 666/JPR/2023 fu/kZkj.ko"kZ@Assessment Years : 2009-10 & 2013-14 Jodhpur Development Authority 1, Opposite Railway Hospital, JDA Circle, Jodhpur. cuke Vs. Deputy Commissioner of Income Tax, Exemption, Jodhpur. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALJ 0478 P vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby : Shri Amit Kothari (C.A.) jktLo dh vksjls@Revenue by:

gains must, therefore, be incidental. The requirement in section 11(4A) of maintaining separate books of account is also in line with the necessity of demonstrating that the quantitative limit prescribed in the proviso to section 2(15), has not been breached. Similarly, the insertion of section 13(8), seventeenth proviso to section 10(23C) and third oroviso to section

KRISHAN PAL SINGH HUF,JAIPUR vs. ASSESSING OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: the Ld CIT (Appeals).

gains year in which assessable – assessment year 1999- 2000 whether even in cases where pending appeal court /tribunal/ authority, before which appeal is pending permits claimant to withdraw against security or otherwise enhanced compensation (which is in dispute) same is liable to be taxed under section 45(5) in year of receipt- Held, yes - Whether additional amount under section

SHRI MANOJ MOONDHRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, both the appeals of the assessee are allowed

capital gain and income from other sources during the year under consideration. There was no business income to the assessee so assessee was not required to maintain the books of accounts as per provision of section 44AA of the Income Tax Act, 1961. Hence, it cannot be said that the income offered by the assessee falls under the category

SHRI MANOJ MOONDHRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, both the appeals of the assessee are allowed

capital gain and income from other sources during the year under consideration. There was no business income to the assessee so assessee was not required to maintain the books of accounts as per provision of section 44AA of the Income Tax Act, 1961. Hence, it cannot be said that the income offered by the assessee falls under the category

DINESSH KUMAR SHARMA,JAIPUR vs. ITO, WARD4(2), JAIPUR

In the result, appeal of the assessee is allowed

2) Act of 2009. However, Explanation 3 does not and cannot\noverride the necessity of fulfilling the conditions set out in the substantive part of section 147.\nAn Explanation to a statutory provision is intended to explain to contents and cannot be\nconstrued to override it or render the substance and core nugatory, Section 147 has this effect\nthat

SHRI MUKESH MOONDHRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, both the appeals of the assessee are allowed

capital gain and income from other sources during the year under consideration. There was no business income to the assessee so assessee was not required to maintain the books of accounts as per provision of section 44AA of the Income Tax Act, 1961. Hence, it cannot be said that the income offered by the assessee falls under the category

SHRI KRISHNA YADAV,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Or At The Time Of Hearing.”

capital gain and civil contract work. A search was conducted on 4th /5th September, 2013 in the case of the assessee. During the course of search and seizure action, certain incriminating material were found and seized which include a black colour note book containing certain entries at pages 1 to 13. The assessee was asked to explain the entries

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

In the result, the appeals are partly allowed

145 (2) could not be invoked Ground of Appeal No. 3: M/s Silvex & Co. (India) Ltd. In this ground of appeal, assessee has challenged the action of ld.CIT(A) in sustaining the addition to the extent of Rs.3,29,196/- u/s 40(a)(ia) of the Act out of total addition of Rs. 3,74,196/-. In this regard

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

In the result, the appeals are partly allowed

145 (2) could not be invoked Ground of Appeal No. 3: M/s Silvex & Co. (India) Ltd. In this ground of appeal, assessee has challenged the action of ld.CIT(A) in sustaining the addition to the extent of Rs.3,29,196/- u/s 40(a)(ia) of the Act out of total addition of Rs. 3,74,196/-. In this regard

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

capital gain on sale of property - Assessee made a claim before\nAssessing Officer that value adopted or assessed by stamp valuation authority\nwas higher than fair market value - Value adopted by stamp valuation authority\nhad not ever been disputed by assessee in any appeal or revision or otherwise to\nany other authority or Court as referred to in section