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)

172/- made by ld.AO u/s 68 of the Act by treating genuine Long Term Capital Gain earned by assessee as mere accommodation entry and bogus and thereby withdrawing exemption u/s 10(38); and making further addition of Rs.18,743/- u/s 69C holding it to be commission paid for getting accommodation entries. As all the grounds of appeal are interrelated

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

In the result, the appeal of the assessee is allowed

gain of Rs.15,72,409/- and not on entire value of transactions i.e. 86,31,724/-. Appellant prays that shares were purchased Online, through banking channels and were duly recorded in books of accounts, thus source of the same was explained and addition so made is absolutely unwarranted and deserves to be deleted. 3.1 That, Ld.CIT(A) has further erred

MADAN MOHAN GUPTA ,KOTA vs. ITO WARD 1(3) , KOTA

Section 131 to both\nthe brokers (No notices u/s 131 were issued to the broker) from whom shares\nwere purchased and sold and statements were recorded. The AO also analyzed\nthe balance sheet of M/s Ankur International Ltd. (The balance sheet of\nBakra Pratisthan was not available before the AO, what to talk of its analysis)\nto justify

PAWAN GUPTA,KOTA vs. ITO WARD 1(3) KOTA , KOTA

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

capital gain.\n1.16 It is further submitted that the various observations and the conclusions drawn by the AO in\nthe assessment are based on suspicion, surmises and hearsay. It is trite law that suspicion\nhowever strong cannot partake the character of legal evidence (Lal Chand Bhagat Ambika\nRam vs. CIT 37 ITR 288 SC). The suspicion or presumption, however strong

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

In the result, both appeals of the assessee are allowed

Gains earned by the assessee was deposited under Capital\nGains Account scheme wherefrom the amount was paid to the builder [PB\n180-183]. The said document was shown to the Assessing Officer during the\ncourse of assessment proceedings. He was satisfied and hence, no adverse\nview was taken.\n8. That the Assessing Officer passed order disposing objections raised

INCOME TAX OFFICER, WARD-1-5, JAIPUR vs. SHRI BANWARI LAL SHARMA, JAIPUR

In the result, both the appeals filed by the assessee and Revenue are disposed off in light of aforesaid directions

172 (Allahabad) opined that- Whether non-mentioning of status of assessee would not invalidate notice under section 158BC, as it is only a mistake, which is curable- Held, yes. Thus, I am not convinced in favour of the assessee on this Ground because the primary intent of the A.O was to bring the Income from Capital Gains

SHRI BANWARI LAL SHARMA,JAIPUR vs. INCOME TAX OFFICER, WARD-1-5, JAIPUR

In the result, both the appeals filed by the assessee and Revenue are disposed off in light of aforesaid directions

172 (Allahabad) opined that- Whether non-mentioning of status of assessee would not invalidate notice under section 158BC, as it is only a mistake, which is curable- Held, yes. Thus, I am not convinced in favour of the assessee on this Ground because the primary intent of the A.O was to bring the Income from Capital Gains

SHRI LALIT KUMAR KALWAR,SARWAR vs. INCOME TAX OFFICER, AJMER

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

section 54 of the Act." The Coordinate Bench of the Tribunal, Jaipur in the case of Income Tax Office vs. Rajkumar Parashar (2018) 195 TTJ (Jp) 212(DPB 10-17) it was held as: “Where the cost of the new asset is not less than the net consideration in respect of the original asset, the whole of such capital gain

VIRENDRA SINGH BHADAURIA,JAIPUR vs. PR. CIT-3, , JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 255/Jp/2020 Assessment Year: 2015-16 Virendra Singh Bhadauriya, Cuke Pr.Cit-3, Vs. 71, Mansa Nagar, Shirsi Road, Jaipur. Jaipur-302012. Pan No.: Aaepb 0767 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Ms. Datyani Pandey (Adv) & Shri Rajiv Pandey (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 10/02/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 25/03/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit-3, Jaipur Dated 16/03/2020 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) For The A.Y. 2015-16. The Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case Ld. Pr. Commissioner Of Income Tax-3, Jaipur Erred In:- Ground No.1:- In Holding That The Assessment Order Dt.26.12.2017 Passed U/S 143(3) By Assessing Officer To Be Erroneous In So Far As Is Prejudicial To Interest Of Revenue On Issues Of 2

172 ITR 733 (Kerala) CIT v. Travancore Tea Estates Co. Ltd. [2014] 50 taxmann.com 100 (Delhi)/[2014] 227 Taxman 48 (Delhi)(Mag.)/[2014] 369 ITR 14 (Delhi)Globus Infocom Ltd. v. Commissioner of Income- tax, Delhi- IV It is clear from the order passed by the Ld. AO that the issue relating to disallowance of the claim of assessee

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case it is mandatory

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case it is mandatory

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. M/S MAN PRAKASH TALKIES PVT. LTD., JAIPUR

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, vk;dj vihy la-@ITA. Nos.406 & 407/JP/2018 fu/kZkj.k o"kZ@Assessment Years : 2008-09 & 2009-10 Dy. Commissioner of Income Tax, Circle-02, Jaipur cuke Vs. M/s Man Prakash Talkies Pvt Ltd. Near Yadgar, M. I. Road, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AABCM 6231 F vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@C.O. Nos.11 & 12/JP/2018 (Arising out of ITA Nos.406 & 407/JP/2018) fu/kZkj.k o"kZ@Assessment

Section 45(2) of the I.T. Act are applicable and the income ought to be taxed as Business Income and not a Capital Gains? & Vide letter dated 06.08.2024 Sub: Filing of additional grounds of appeal arising out of ITAT, Jaipur's order in ITA No. 406/JP/2018 & C.O. No. 11/JP/2018 dated 20/02/2020 in the matter of M/s Man Prakash Talkies

DEPUTY COMMISISONER OF INCOME TAX , JAIPUR vs. M/S. MAN PRAKSH TALKIES PVT. LTD, JAIPUR

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, vk;dj vihy la-@ITA. Nos.406 & 407/JP/2018 fu/kZkj.k o"kZ@Assessment Years : 2008-09 & 2009-10 Dy. Commissioner of Income Tax, Circle-02, Jaipur cuke Vs. M/s Man Prakash Talkies Pvt Ltd. Near Yadgar, M. I. Road, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AABCM 6231 F vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@C.O. Nos.11 & 12/JP/2018 (Arising out of ITA Nos.406 & 407/JP/2018) fu/kZkj.k o"kZ@Assessment

Section 45(2) of the I.T. Act are applicable and the income ought to be taxed as Business Income and not a Capital Gains? & Vide letter dated 06.08.2024 Sub: Filing of additional grounds of appeal arising out of ITAT, Jaipur's order in ITA No. 406/JP/2018 & C.O. No. 11/JP/2018 dated 20/02/2020 in the matter of M/s Man Prakash Talkies

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

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

gains.\nThis ground of appeal raised by the appellant is thus dismissed.\n8.\nIn the result, the appeal filed by the appellant is partly allowed.”\nSince, the contention of the assessee was accepted in part and therefore,\nassessee preferred the present appeal before this tribunal on the grounds as stated\nherein above. To support the various grounds so raised

SUSHILA DEVI JANGID,JAIPUR vs. ITO, WD 7(2), JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं. / ITA. No. 374/JP/2025 निर्धारणवर्ष / AssessmentYears : 2010-11 Smt. Sushila Devi Jangid 65, Koshaliya Vihar Hajyawala,Muhana Mandi Ke Pass, Sanganer, Jaipur 302 029 बनाम Vs. The ITO Ward 7(2) Jaipur अपीलार्थी / Appellant प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: AFMPJ 2091 P निर्धारिती की ओरसे / Assesseeby : Shri Utkarsh Mishra, Advocate राजस्व की ओरसे / Revenue by :Shri Gautam Sing

Section 147 r.w.s 144 of the Act was issued upon the assessee on 24.12.2017 [PB 1 - 6]. This Order resulted in a demand of Rs. 10,98,750/- on account of alleged unexplained Short-term Capital Gain on the sale of impugned property for Rs. 16,00,000/-. 5. Upon receipt of the said Order u/s 147 r.w.s 144 dated

CHANDRA MOHAN BADAYA,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

gain.\n8. The Ld. CIT Appeal has erred on fact law in law in upholding\naddition of Rs.28,55,102/- on account of alleged unexplained investment\nin jewellery found in search.\n8.1 The Ld. CIT Appeal has erred on fact law in law in upholding the\nabove addition separately whereas the same is covered by peak fund\nflow statement

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

section 5\nof the Limitation Act 1963 in order to enable the Courts to do substantial justice\nto parties by disposing of matters on 'merits'. The expression sufficient cause'\nemployed by the legislature is adequately elastic to enable the Courts to apply the\nlaw in a meaningful manner which subserves the ends of justice-that being the\nlife-purpose

MACRO PROPRIETIES PRIVATE LIMITED,M 28 INCOME TAX COLONY TONK ROAD JAIPUR vs. DCIT CENTRAL CIRCLE 2, LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No.174 TO 177/JP/2023 fu/kZkj.ko"kZ@AssessmentYear : 2013-14 TO 2016-17 M/s. Macro Properties Pvt. Ltd.M-28, Income Tax Colony, Tonk Road Jaipur cuke Vs. The DCIT Central Circle-2 LIC Building, Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAFCM 3633 D vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby : Shri C.M. Agarwal, CA jktLo dh vksjls@Revenue by: Shri JameshKurian, CI

section 153C of the Act qua the necessity to establish the correlation the document wise with the assessment eyars in question was considered by the Hon’ble Supreme Court in the case of CIT-III, Pune Vs Singhad Technical Education Society (reported in (2017) 84 Taxmann.com 290} … Para 10- The Tribunal further noted that the said Mr T John Rajasekhar