FEDERATION OF RAJASTHAN TRADE AND INDUSTRY,JAIPUR vs. ITO-EXEMPTION WARD-2, JAIPUR

In the result, the appeal filed by the assessee is allowed for statistical purposes

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

gains, assessee claimed cost of acquisition being fair market value as on 1-4- 1981 Assessing Officer held that there was no cost incurred for purchase/acquisition of tenancy rights and accordingly took cost of acquisition at nil Whether case of assessee fell under section 49(1)(iii)(a) and once capital asset in question became property of assessee

NIRMAL KUMAR AGRAWAL,JAIPUR vs. DCIT, CIRCLE - 4 , JAIPUR

In the result, the appeal of the assessee is allowed

Capital account along with notes of accounts as on 7-10 2. 31.03.2013 Copy of notice u/s 148A(b) dated 31.05.2022 11-14 3. Copy of reply to Show Cause notice u/s 148A(b) dated 15.06.2022 15-25 4. Copy of order dated 21.07.2022 issued under section 148A(d) of Income Tax 26-37 5. Act, 1961 Copy of notice

INCOME TAX OFFICER, WARD-1(2), JAIPUR, JAIPUR vs. MUKESH KUMAR SONI, JAIPUR

In the result appeal of the revenue is dismissed and the cross

Bench: Moving Towards The Facts Of The Case We Would Like To Mention

148A(d). Thus the additions have been made on a ground for which notice under section 148 was not issued. This invalidates the assessment order. It is settled position of law that assessment under section 148 cannot be completed making addition on a ground other than the ground on which notice under section 148 was issued if additions

JUHI BHANDARI, JAIPUR,JAIPUR vs. DCIT CIRCLE (INTL TAX), JAIPUR, JAIPUR

In the result, both appeals of the assessee are allowed

148A(d) of the Act holding that it was a fit case for issuance\nof a notice under Section 148 of the Act.\n4. It is relevant to note that the AO of the searched entity had issued a\nsatisfaction note dated 11.03.2023 recording his satisfaction that the\ndocuments belonging to the petitioner had been discovered which had a\nbearing

DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR vs. BHARAT SPUN PIPE AND CONSTRUCTION COMPANY, JAIPUR

In the result the appeal of the revenue in ITA no

capital gains (LTCG) versus short-term\n\n26\nITA No. 360/JPR/2025 & CO No. 19/JPR/2025\nBharat Spun Pipe and Construction Co., Jaipur.\n\ncapital gains (STCG) - Further, it was observed that Assessing Officer in order\npassed under section 148A

INCOME TAX OFFICE, WARD-6(2), JAIPUR, JAIPUR vs. MEDICAL DESIGNS INDIA PVT. LTD., JAIPUR

section 148A(b) on ground that assessee\nsold an immovable property but failed to disclose capital gains earned on\nsaid

ACIT, NCR BUILDING, JAIPUR vs. HANS RAJ AGARWAL, VIDHYADHAR NAGAR JAIPUR

39. In view of the above discussion and findings, memorandum of cross objections No 1/JP/2025 filed by the assessee is allowed

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

gains the same had been satisfactorily explained and accepted by respondent no.1. 7. In our view, the notice dated 30 th March 2019 issued under Section 148 of the said Act is issued without jurisdiction and requires to be set aside. The consequential order dated 15 th October 2019 also requires to be set aside.” 4.17 In summing

SUVA LAL PAHARIA,JAIPUR vs. ITO WARD 6(3), JAIPUR

capital gain, he cannot simply dispute fact that assessee did not file return—Entire\nreasoning recorded by AO for initiation of reassessment proceeding and issuance of notice\nunder section 148 was on wrong and incorrect facts that assessee has never filed return of\nincome, and in fact, it was filed—Initiation of reassessment proceeding u/s.147 and notice under\nsection

PRAMILA AGARWAL,JAIPUR vs. THE INCOME TAX OFFICER WARD-2(5), JAIPUR

In the result, the appeal of the assessee is allowed

capital gain (LTCG, in short) of Rs.\n1,37,83,051/- declared by assessee on account of sale of shares of M/s Splash Media\n& Infra Ltd(SMIL) now known as M/s Luharuka Media & Infra Ltd in her return of\nincome as bogus and further addition of Rs.8,51,610/- was made u/s 69C by alleging\nthe same as payment

ALOK KUMAR JAIN ,PEARL PLEASURE vs. ACIT CIR-6, JAIPUR, NEW CERNTRAL REVENUE BUILDING, BHAGWAN DASS ROAD, JAIPUR, RAJASTHAN,

Bench: Him.

Section 10(38) of the Act as far as claim of exemption of capital gain is concerned. Moreover, agricultural claim is also justified and no further addition required, when after due verification, the basis of exemption is found correct and justified. Since the very basis of proceeding is non-existent and found to be non-existent despite there being lack

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

In the result, the appeal filed by the assessee is allowed

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

section 148A which has not been complied with in the case under consideration. The argument put forth by the appellant is not acceptable. The notice uls 148 was issued on 31/03/2021 with DIN & Notice no ITBAJAST/S/148/2020-21/1032-106259(1). ………………………… Thus, by seening the above notice, it is very much clear that the same was issued on 31.03.2021. I do not find

ASHOK KUMAR JAIN,KOTA vs. ITO WD-2(1), KOTA, KOTA

In the result, the appeal of the assessee is allowed for statistical purpose

gain (against the loss of capital\ngain Rs.1,87,905/- declared by the assessee, the AO computed LTCG at Rs.7,43,837/-).\nThe additions so made in the declared LTCG being contrary to the provisions of law and\nfacts, hence the additions so made and confirmed, deserves to be deleted.\n4. The impugned show cause notice issued u/s 148A

RAM KHILARI MEENA,DAUSA vs. ITO, DAUSA, DAUSA

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

Capital Gain even though all relevant material were made available to him and further erred in sending back only part of the matter to the ld. AO for deciding the same afresh. 3. That the appellant craves leave to add, amend, alter, withdraw any of the grounds of appeal before hearing of the appeal. 3. Succinctly, the fact as culled

RAMA SHANKER PAREEK,JAIPUR vs. INCOME TAX OFFICER, WARD NO. 7(2), JAIPUR

In the result, appeal of the assessee is allowed

gain, he cannot simply dispute fact that assessee did not file return—\nEntire reasoning recorded by AO for initiation of reassessment proceeding and\nissuance of notice under section 148 was on wrong and incorrect facts that\nassessee has never filed return of income, and in fact, it was filed—Initiation of\nreassessment proceeding u/s.147 and notice under section

VINITA BAJORIA,JAIPUR vs. INCOME-TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA No. 370/JP/2025 निर्धारण वर्ष / Assessment Year : 2016-17 Vinita Bajoria 1, Ganesh Colony Moti Doongri Road, Jaipur बनाम Income Tax Officer, Ward 5(2), Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AEBPB4873M अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Sh. Manoj Choudhary, CA राजस्व की ओर से / Revenue by : Sh. Gorav Avasthi, JCIT सुनवाई की तारीख / Date of Hear

148A(d) of Income Tax Act, 1961 dated 26. 07. 2022 and the notice issued under section 148 of Income Tax Act, 1961 dated 26.07.2022 before the Hon'ble High Court at Jaipur which is on hearing stage. The assessee was requested to provide a copy of the stay order of the Hon'ble Court, if any. In absence

PUNEET SINGHVI,KOTA vs. ITO, WARD-2(1), KOTA

In the result, the appeal of the assessee is allowed for statistical purposes

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

Capital Gains on transfer of immovable property situated at No. 11D, Gumanpura, Kota, Rajasthan by applying the provisions of section 50C since the property sold for Rs. 5,00,000/- was valued at Rs. 30,56,063/- for the purposes of collection of stamp duty which resulted in income of Rs. 25,56,063/- chargeable to tax has escaped assessment

DY. COMMISSIONER OF INCOME TAX , JAIPUR vs. HEM CHAND JAIN, JAIPUR

In the result, appeal of the Revenue is dismissed and Cross Objection of the assessee is allowed

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

capital gain of Rs.10,78,647/-. The short termcapital gain consists of gain on sale of shares of Gini Silk Mills Ltd. of Rs.3,28,51,440/-,gain on sale of other shares of Rs.4,04,95,909/- and loss on sale of other shares of Rs.7,22,67,811/-. 2. The AO issued notice

SH. MUKUT BEHARI AGARWAL,JAIPUR vs. THE DCIT, CIRCLE 1, JAIPUR

In the result, the appeals of the assessee is allowed as indicated hereinabove

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

Capital gain. The report of the SEBI Related to the stock market regulation and its order is not in assistance to the revenue based on these findings the CIT hold view that mere statement of third-party is not enough to make addition in the hands of the assessee and also vacated the findings

SH. KAPIL TANEJA,JAIPUR vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 147/148 of the Act are not applicable in such cases. No contrary decision has been brought to our notice. Accordingly, we hold that initiation of proceedings u/s 147/148 by the AO to reassess the income is illegal being without jurisdiction and consequently the reassessment order passed u/s 147 r.w.s. 143(3) is also illegal and void ab initio