DCIT, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. KAMLAPRABHA L/H OF LATE SHRI GOPAL LAL JI GOSWAMI, KOTA

In the result, the appeal of the revenue is dismissed and the Cross objection of the assessee is disposed off in terms of the observation made herein above

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

section 153C thereafter is also barred by limitation and thus, being a nullity, deserves to be quashed. 2. The Id. CITA erred in not deciding that the impugned assessment order passed us 144 r.w.s. 153C of the Act dated 30.03.2023 for A.Y. 2014 15 is barred by limitation us 153B r.w.s 153C of the Act. Considering that the date

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

In the result, both appeals of the assessee are allowed

153C.\n7. Source of Investment Explained: Payment from Capital Gains Account backed\nby sale of immovable property.”\nADDITIONAL WRITTEN SUBMISSIONS-II\nASSESSMENT ORDER DATED 21.01.2025 IS BARRED BY LIMITATION\nQUA SECTION

ACIT, JAIPUR vs. UDAI BUILDHOME PVT LTD, JAIPUR

In the result, all the appeals of the revenue are dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA Nos.1399, 1400, 1401 & 1486/JP/2024 निर्धारण वर्ष / Assessment Years : 2014-15, 2015-16, 2017-18 & 2018-19 Asstt. Commissioner of Income बनाम M/s Udai Buildhome Pvt. Tax, Vs. Ltd. 302, Golden Sunrise Central Circle-02, Jaipur Apartment, Lajpat Marg, C- Scheme, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AABCU 5068 J अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee

section(s) 153C of the Act dated 08-08- 2019 was issued and served upon the Assessee, requiring him to file a true and correct return of income. In response to the said notice(s), a return declaring a loss of Rs 6,79,047/- was filed by the Assessee on 13-09-2019. ACIT vs. M/s Udai Buildhome

ACIT, JAIPUR vs. UDAI BUILDHOME PVT LTD, JAIPUR

In the result, all the appeals of the revenue are dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, JM आयकर अपील सं. / ITA Nos.1399, 1400, 1401 & 1486/JP/2024 निर्धारण वर्ष / Assessment Years : 2014-15, 2015-16, 2017-18 & 2018-19 Asstt. Commissioner of Income Tax, Central Circle-02, Jaipur बनाम Vs. M/s Udai Buildhome Pvt. Ltd. 302, Golden Sunrise Apartment, Lajpat Marg, C- Scheme, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AABCU 5068 J अपीलार्थी / Appellant निर्धारिती की ओर से / Assessee by: प्रत्यर्थी / Respond

section(s) 153C of the Act dated 08-08- 2019 was issued and served upon the Assessee, requiring him to file a true and correct return of income. In response to the said notice(s), a return declaring a loss of Rs 6,79,047/- was filed by the Assessee on 13-09-2019. ACIT vs. M/s Udai Buildhome

RAM SHRAN KATTA, 257, KATTA STREET, JAIN MANDIR WALI GALI, DURGAPURA, JAIPUR,JAIPUR vs. ITO WARD-6(4), JAIPUR

In the result, the appeals of the assessee are allowed

153C are beyond scope and therefore deserve to be deleted at threshold.\nGROUND NO. 2& 3:\nDISALLOWANCE OF REAL ESTATE'S BUSINESS LOSS\nOF RS. 4,29,946 AND ADDITION OF RS. 2,63,580 AS\nSHORT TERM CAPITAL GAIN\n1. FACTS\n1.1\nDuring the year, the assessee had started real estate trading and executed the following\ntrading transaction:\nParticulars

RAM SHARAN KATTA, 257, KATTA STREET, JAIN MANDIR WALI GALI, DURGAPURA, JAIPUR,JAIPUR vs. ITO WARD-6(4), JAIPUR, WARD-6(4), JAIPUR

In the result, the appeals of the assessee are allowed

153C are beyond scope and therefore deserve to be deleted at threshold.\nGROUND NO. 2& 3:\nDISALLOWANCE OF REAL ESTATE'S BUSINESS LOSS\nOF RS. 4,29,946 AND ADDITION OF RS. 2,63,580 AS\nSHORT TERM CAPITAL GAIN\n1. FACTS\n1.1\nDuring the year, the assessee had started real estate trading and executed the following\ntrading transaction:\nParticulars

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

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)

153C r.w.s. 153A and the provisions of 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

ANSHU SAHAI (HUF), JAIPUR,JAIPUR vs. ACIT, CENTRAL CIRCLE 2, JAIPUR, JAIPUR

capital gains. The action of the ld.\nCIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may\nplease be granted by quashing the applicability of the provisions of section\n115BBE.\n5. The Assessee craves its right to add, amend or alter any of the grounds\non or before the date of hearing.\n5. Succinctly

ANSHU SAHAI (HUF),JAIPUR vs. ACIT, CENTRAL CIRCLE, CENTRAL CIRCLE

capital gains. The action of the ld. \nCIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may \nplease be granted by quashing the applicability of the provisions of section \n115BBE.\n5. The Assessee craves its right to add, amend or alter any of the grounds \non or before the date of hearing.\n5. Succinctly

ANSHU SAHAI (HUF), JAIPUR,JAIPUR vs. ACIT, CENTRAL CIRCLE 2, JAIPUR, JAIPUR

capital gains. The action of the ld. \nCIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may \nplease be granted by quashing the applicability of the provisions of section \n115BBE. \n\n5. The Assessee craves its right to add, amend or alter any of the grounds \non or before the date of hearing

MACRO TOWNSHIP PVT LTD,288-289 MAHAVEER NAGAR DURGAPURA JAIPUR vs. DCIT CC -2 JAIPUR, LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

capital gains. 5.1 Ld CIT(A) further erred in law as well as on facts and circumstances of the case in not considering that the deeming provisions of Section 50C(1) of the Income Tax Act can never be applied to the appellant, therefore, the M/s. Macro Township Pvt. Ltd., Jaipur. adoption of sale value in respect of property sold

MACRO TOWNSHIP PVT LTD,288-289 MAHAVEER NAGAR DURGAPURA JAIPUR vs. DCIT CC-2 JAIPUR, LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

capital gains. 5.1 Ld CIT(A) further erred in law as well as on facts and circumstances of the case in not considering that the deeming provisions of Section 50C(1) of the Income Tax Act can never be applied to the appellant, therefore, the M/s. Macro Township Pvt. Ltd., Jaipur. adoption of sale value in respect of property sold

MACRO TOWNSHIP PVT LTD,288-289 MAHAVEER NAGAR DURGAPURA JAIPUR vs. DCIT CC -2 JAIPUR , LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

capital gains. 5.1 Ld CIT(A) further erred in law as well as on facts and circumstances of the case in not considering that the deeming provisions of Section 50C(1) of the Income Tax Act can never be applied to the appellant, therefore, the M/s. Macro Township Pvt. Ltd., Jaipur. adoption of sale value in respect of property sold

ACIT, JAIPUR vs. M/S UDAI BUILDHOME PVT LTD., JAIPUR

In the result, all the appeals of the revenue are dismissed

153C of the Act dated 08-\n08-2019 was issued and served upon the Assessee, requiring them to file a\ntrue and correct return of income as prescribed under Rule 12 of the\nIncome Tax Rules, 1962 within 15 days of the service of the said notice.\n5.1 In response to the said notice(s), a return declaring a loss

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)

153C of the Act. It was held that once an assessment has attained finality for a particular year, i.c., it is not pending then the same cannot be subject to tax in proceedings under section 153A of the Act. This of course would not apply if incriminating materials are gathered in the course of search or during proceedings under section

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)

153C of the Act. It was held that once an assessment has attained finality for a particular year, i.c., it is not pending then the same cannot be subject to tax in proceedings under section 153A of the Act. This of course would not apply if incriminating materials are gathered in the course of search or during proceedings under section

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)

153C of the Act. It was held that once an assessment has attained finality for a particular year, i.c., it is not pending then the same cannot be subject to tax in proceedings under section 153A of the Act. This of course would not apply if incriminating materials are gathered in the course of search or during proceedings under section