SHRI YOGESH MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

Section. The addition of Rs. 1401540 made to the income of the appellant and as confirmed by the ld. CIT(A) on this count on account of difference of DLC value and purchase consideration of Agriculture land(s) is therefore wrong, unwarranted and bad in law. 2. That the appellant craves the permission to add to or amend

SMT. KAVITA MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

Section. The addition of Rs. 1401540 made to the income of the appellant and as confirmed by the ld. CIT(A) on this count on account of difference of DLC value and purchase consideration of Agriculture land(s) is therefore wrong, unwarranted and bad in law. 2. That the appellant craves the permission to add to or amend

SMT. NIRMALA MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

Section. The addition of Rs. 1401540 made to the income of the appellant and as confirmed by the ld. CIT(A) on this count on account of difference of DLC value and purchase consideration of Agriculture land(s) is therefore wrong, unwarranted and bad in law. 2. That the appellant craves the permission to add to or amend

SHIVA CORPORATION (INDIA) LIMITED,JAIPUR vs. DY. CIT, CC-3, JAIPUR

In the result, appeal of the assessee stands allowed

capital\ngain arising from sale of land could not be brought to tax -Held, yes [Para\n6] [In favour of assessee]\n[2013] 34 taxmann.com 286 (Jaipur - Trib.)Smt. (Dr.) SubhaTripathiv.\nDeputy Commissioner of Income-tax, Circle - 6, Jaipur\nSection 2(14), read with section 54F, of the Income-tax Act, 1961\nCapital gains

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 5. The assessee craves his right to add, alter, Gain @ 30% in place of 20% in the amend or delete any grounds of appeal at the time of computation form annexed to the hearing or earlier. assessment order and its consequent impact on surcharge and interest under section 234B & 234C. 6. The assessee craves his right to add, alter

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.

capital gain account scheme before due date of filing of return under section 139(1) - Whether booking of flat with a builder was a case of construction and not purchase of residential flat and, therefore, time period applicable would be 3 years, which would expire on 6-3-2009 - Held, yes - Whether, since assessee had made investment within period

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)

2,67,284/- 4.3.4 In these circumstances and in view of the foregoing facts, I am of the opinion that no interference is required in the assessment order. The order of the Assessing officer assessing the Long term capital gain at Rs. 17,24,767/- Is upheld. All the grounds raised in this appeal are dismissed. 5. With regard

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR vs. SHRI RAVINDRA MITTAL, JAIPUR

In the result, appeal of the Revenue is dismissed and the cross objection of the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 823/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2012-13 D.C.I.T., Cuke Shri Ravindra Mittal, Vs. Circle-6, 804, Akshat Niley Apartment, Jaipur. Hawa Sarak, Civil Lines, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aexpm 9057 N Vihykfkhz@Appellant Izr;Fkhz@Respondent

2 of the revenue’s appeal is interrelated and interconnected and relates to challenging the order of the ld. CIT(A) in considering the value of 35% land area transferred to developer as Long Term Capital Gain instead of business income of the assessee without appreciating the fact that the assesse has entered into development agreement for real estate business

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

2), viz. 139 and 139(1) in two different sentences. In the first sentence with reference to appropriation of un-utilised amount of 8 ITA 49/JP/2018_ Gulab Chand Meena Vs. ACIT(OSD) capital gain, section 139 is referred without mentioning any sub section. While in the second sentence with reference to deposition of amount in capital gain account, section

BIRENDRA SINGH NIRBHAY,SIRSI ROAD JAIPUR RAJASTHAN vs. ITO WARD 3(1) JAIPUR, NCRB INCOME TAX DEPARTMENT STATUE CIRCLE JAIPUR RAJASTHAN

In the result, the appeal of the assessee is allowed

section 10(38) of the Act.\nWe are afraid if such a way, we take a view that the gain arrived by a valid\nprocess be considered as bogus gain and unexplained then the mess will\nbe created no corporate entity will get the capital and the purpose of capital\nmarket will vanish. The contention of the revenue 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)

section 2(14) of the I.T. Act, 1961 and therefore no capital gain is chargeable on its compulsory acquisition. 2. The respondent craves permission to add to or amend to any of grounds of appeal or to withdraw any of them.” 6

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)

section 2(14) of the I.T. Act, 1961 and therefore no capital gain is chargeable on its compulsory acquisition. 2. The respondent craves permission to add to or amend to any of grounds of appeal or to withdraw any of them.” 6

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)

section 2(14) of the I.T. Act, 1961 and therefore no capital gain is chargeable on its compulsory acquisition. 2. The respondent craves permission to add to or amend to any of grounds of appeal or to withdraw any of them.” 6

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)

section 2(14) of the I.T. Act, 1961 and therefore no capital gain is chargeable on its compulsory acquisition. 2. The respondent craves permission to add to or amend to any of grounds of appeal or to withdraw any of them.” 6

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)

6,86,882/- as per certified Valuer. "Further as per Section 55. (1) for the purposes of 93[section 48 and 49), 951(b) cost of any improvement, (2) in relation to any other capital asset,] (i) where the capital asset became the property of the previous owner of the assessee before the 96[1st day of April

NARAIN LAL AGRAWAL,JAIPUR vs. DCIT CIRCLE 1 JAIPUR, JAIPUR

In the result the appeal of the assessee is allowed

6(2), Pune\nITA No.1747/PN/2018 dtd. 30/04/2019(Pune) (Trib) Where date of\nagreement for fixing amount of consideration for purchase of a plot\nof land and date of registration of sale deed were different but\nassessee, prior to date of agreement, had paid a part of\nconsideration by cheque, provisos to section 56(2)(vii)(b) being\nfulfilled, stamp value

THE BANK OF RAJASTHAN EMPLOYEES CREDIT & THIRFT COOPERATIVE SOCIETY LIMITED,JAIPUR vs. ACIT, CIRCLE-1, JAIPUR

In the results appeal of the assessee in ITA No

6 of\nAO Order)... Second paragraph\nThe Assessee- society claimed deduction u/s 80P of the Income – tax Act, 1961 in your\ncase clause (i) of section 80P (a) is applicable. It is clear that the assessee- society is\nnot a bank is providing credit facility to the members is available to the society. it is\nobserved that the income

SHRI DEVENDRA KUMAR BHARGAVA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, 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. 654/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year: 2014-15 Asha Bhargava Cuke D.C.I.T. Vs. L/R Of Devendra Kumar Bhargava, Circle-2 E-81, Devashish, Radha Marg, Jaipur. Ambabari, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Abspb 6891 R Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Dileep Shivpuri (Adv) Jktlo Dh Vksj Ls@ Revenue By: Smt. Rooni Paul (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 25/02/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/03/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-I, Jaipur Dated 05/03/2018 For The A.Y. 2014-15, Wherein Following Grounds Have Been Taken:

Section 2(14) of the Act. Accordingly we hold that the land in question which was located beyond 8 kms from the Municipal Limits as on 6-01-1994 when the notification was published in the official 8 gazette, the same would fall under the exclusion clause of the term ‘capital asset’ as per provisions of 2