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

15\n7,715,620 Sharad Kumar Bhandari\n26-Dec-13\n539,281\nJuhi Bhandari\n8-Jul-14\n539,300\nJuhi Bhandari\n13-Nov-14\n2,157,089\nJuhi Bhandari\n12-Mar-16\n7,715,620\nJuhi Bhandari\nTotal\n22,961,900.00\nBank Account No.\nSBBJ A/c No. 510521S5499\nSBBJ A/c No. 510521S5499\nSBBJ Capital Gain A/c No. 61187164085\nSBBJ Capital

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.

15-10-1986 reads as under: 1. Sections 54 and 54F provide that capital gains arising on transfer of a long

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

capital gain the same proportion as the cost of the new asset bears to the net consideration, shall not be charged under section 45: [Provided that nothing contained in this sub-section shall apply where— (a) The assessee,— (i) owns64 more than one residential house, other than the new asset, on the date of transfer of the original asset

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)

15,63,529 Total income Rs. 3,67,862 4.3.2 The AO observed that the assesee has documentary evidence in support of boundary wall and mittibharai which has also been enhanced or adjusted in the revised computation to reduce the long term capital gain. The AO further held that the expenses incurred on security guard cannot be regarded as capital

OMPRAKASH,DHOLPUR vs. ITO WARD 4 BHARATPUR, BHARATPUR

In the result, the both the appeals of the assessee are allowed for statistical\npurposes as indicated hereinabove\nOrder pronounced in the open court on\n17/01/2025

15 Km from limits of\nmunicipality and hence it was not capital asset as per section 2(14) of the Act &\ncapital gain

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

capital gain account, the deposition has to be within the time limit mentioned u/s 139(1) of the Act. In this regard, we draw strength from the of the Hon’ble Gauhati High court in the case of CIT v. Rajesh Kumar Jalan (2006), wherein Hon’ble Court took the view that the section mentioned in the section

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

In the result, the appeal of the assessee is allowed

Capital Gain 15,72,409/- 58-62 Offered in IDS At this juncture, reliance is placed on decision of Hon’ble Apex court in the case of Killick Nixon Ltd., Mumbai vs Deputy Commissioner Of Income Tax, wherein it has been held as under: “As far as the provisions of KVSS are concerned, we agree with the contention

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

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)

15,83,985/- Long term capital gain Rs. 27,01,95,945/- From the above discussion, it is clear that the assessee has earned long term capital gain during the year under consideration but the same was not disclosed by the assessee in its return of income, therefore, the same is hereby added to the total income of the assessee

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)

15,83,985/- Long term capital gain Rs. 27,01,95,945/- From the above discussion, it is clear that the assessee has earned long term capital gain during the year under consideration but the same was not disclosed by the assessee in its return of income, therefore, the same is hereby added to the total income of the assessee

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)

15,83,985/- Long term capital gain Rs. 27,01,95,945/- From the above discussion, it is clear that the assessee has earned long term capital gain during the year under consideration but the same was not disclosed by the assessee in its return of income, therefore, the same is hereby added to the total income of the assessee

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)

15,83,985/- Long term capital gain Rs. 27,01,95,945/- From the above discussion, it is clear that the assessee has earned long term capital gain during the year under consideration but the same was not disclosed by the assessee in its return of income, therefore, the same is hereby added to the total income of the assessee

SHRI ARNAV GOYAL,JAIPUR vs. ITO, WARD-2(4), JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

capital gain declared by assessee is completely genuine: ARNAV GOYAL VS ITO, WARD 2(4), JAIPUR It is submitted that the transactions of purchase and sale of shares by the assessee are completely genuine and duly supported by respective evidences and thus, could not have been held as bogus in view of the following: 1. The assessee had purchased

CHANDRA PRAKASH JAIN,JAIPUR vs. CIRCLE 1, JPR, JAIPUR

In the result, ground raised by the assessee is partly allowed

Bench: Shri Gagan Goyal & Shri Narinder Kumar

15,000 equity shares) and sold the same at Rs. 48,87,600/-, i.e. incurred a short capital loss of Rs. 3,300/- Ultimately, the assessee shown income under the head capital gain amounting to Rs. 83,25,364/- as exempt u/s. 10(38) of the Act. 4. Further, the A/R of the assessee requested for cross-examination

SHRI ASHNUTH GOYAL,JAIPUR vs. ACIT, WARD -1(3), JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Him. Thus, The Addition Of Rs. 30,04,864/- So Uphold Deserves To Be Deleted. Shri Ashnuth Goyal Vs Acit, Ward 1(3), Jaipur

capital gain declared by assessee is completely genuine:- It is submitted that the transactions of purchase and sale of shares by the assessee are completely genuine and duly supported by respective evidences and thus, could not have been held as bogus in view of the following:- i. The assessee had purchased 12500 shares at the rate of Rs. 15

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

In the result, both appeals of the assessee are allowed

15\n7,715,620 Sharad Kumar Bhandari\nSBBJ Capital Gain Vo No. 61192561563\n26-Dec-13\n539,281\nJuhi Bhandari\nSBBJ Capital Gain A/c No.61192561563\n8-Jul-14\n539,300\nJuhi Bhandari\nSBBJ Capital Gain A/c No. 61192501563\n13-Nov-14\n2,157,089\nJuhi Bhandari\nSBBJ Capital Gain A/c No. 61192561563\n12-Mar-16\n7,715,620\nJuhi Bhandari

RAJRAJESHWARI GUPTA ,KOTA vs. ITO , WARD 1(1),KOTA, KOTA

In the result, the appeal of the assessee is allowed with no orders as to costs

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

section 68. 26 RAJ RAJESHWARI GUPTA VS ITO, WARD 1(3), KOTA 1.31As the issue involved is of chargeability of long term capital gain as undisclosed income of the assessee u/s 68 of the Act, it may be mentioned that many High courts and ITAT benches have held in favour of the assessee. In one of the cases

NANAG RAM MEENA,JAIPUR vs. ITO WARD 6(4), JAIPUR

In the result, the appeal of the assesee is partly allowed as indicated\nhereinabove

capital gain is computed by taking the\nvalue adopted by the stamp registration authority – Hence, the assessee is entitled for\nexemption under s.54F.”\nThe Hon'ble ITAT, Jaipur in the case of Nand Lal Sharma, Kota Vs. ITO ITA No.\n413/JP/2012 (Copy enclosed) held that Section 50C is deeming fiction by which\nstamp duty value of the asset sold