ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD, KOTA

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

gains of business or profession and postulates to which income shall be chargeable to income tax under the said head. 31. In this way, in computation the income under the said head deduction of the amount of interest paid by the assessee in respect of capital borrowed is to be allowed, where the capital was borrowed for the purpose

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD, KOTA

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

gains of business or profession and postulates to which income shall be chargeable to income tax under the said head. 31. In this way, in computation the income under the said head deduction of the amount of interest paid by the assessee in respect of capital borrowed is to be allowed, where the capital was borrowed for the purpose

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD., KOTA

gains of business or profession and postulates to which income\nshall be chargeable to income tax under the said head.\n31. In this way, in computation the income under the said head deduction\nof the amount of interest paid by the assessee in respect of capital\nborrowed is to be allowed, where the capital was borrowed for the purpose

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD, KOTA

gains of business or profession and postulates to which income\nshall be chargeable to income tax under the said head.\n31. In this way, in computation the income under the said head deduction\nof the amount of interest paid by the assessee in respect of capital\nborrowed is to be allowed, where the capital was borrowed for the purpose

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

In the result, both appeals of the assessee are allowed

2) issued to the\nassessee alongwith:\nNA\nYES\nYES\n52-56\nYES\nYES\n57\nYES\nYES\n58\nYES\nYES\n59\nYES\nYES\ncopy of satisfaction note dated\n27.03.2023 recorded by\nAssessing Officer\n60-64\nYES\nYES\n13\n21.12.2023 Reply filed by the assessee\nalongwith:\nPassport copies\nBank Details\nInterest Certificates\nAgreement to sale dated\n07.06.2013 entered by the\nassessee

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

capital gain on sale of property - Assessee made a claim before\nAssessing Officer that value adopted or assessed by stamp valuation authority\nwas higher than fair market value - Value adopted by stamp valuation authority\nhad not ever been disputed by assessee in any appeal or revision or otherwise to\nany other authority or Court as referred to in section

SIYARAM EXPORTS INDIA PVT. LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

Capital gains - Special\nprovision for computation of full value of consideration in certain cases [Reference\nto Valuation Officer] - Assessment year 2009-10 - Assessee earned short term\ncapital gain on sale of property - Assessee made a claim before Assessing Officer\nthat value adopted or assessed by stamp valuation authority was higher than fair\nmarket value - Value adopted by stamp valuation authority

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

Capital gains - Special\nprovision for computation of full value of consideration in certain cases [Reference\nto Valuation Officer] - Assessment year 2009-10 - Assessee earned short term\ncapital gain on sale of property - Assessee made a claim before Assessing Officer\nthat value adopted or assessed by stamp valuation authority was higher than fair\nmarket value - Value adopted by stamp valuation authority

SIYARAM EXPORTS INDIA PRIVATE LIMITED,JAIPUR vs. ITO WARD 6(4), JAIPUR, JAIPUR

Capital gains - Special\nprovision for computation of full value of consideration in certain cases [Reference\nto Valuation Officer] Assessment year 2009-10 - Assessee earned short term\ncapital gain on sale of property - Assessee made a claim before Assessing Officer\nthat value adopted or assessed by stamp valuation authority was higher than fair\nmarket value - Value adopted by stamp valuation authority

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

Capital gains - Special\nprovision for computation of full value of consideration in certain cases [Reference\nto Valuation Officer] - Assessment year 2009-10 - Assessee earned short term\ncapital gain on sale of property - Assessee made a claim before Assessing Officer\nthat value adopted or assessed by stamp valuation authority was higher than fair\nmarket value - Value adopted by stamp valuation authority

SIYARAM EXPORTS INDIA PRIVATE LIMITED,JAIPUR vs. ITO WARD 6(4), JAIPUR, JAIPUR

Capital gains - Special\nprovision for computation of full value of consideration in certain cases [Reference\nto Valuation Officer] - Assessment year 2009-10 - Assessee earned short term\ncapital gain on sale of property - Assessee made a claim before Assessing Officer\nthat value adopted or assessed by stamp valuation authority was higher than fair\nmarket value - Value adopted by stamp valuation authority

ASSISSTANT COMMISSIONER OF INCOME TAX, AJMER vs. SHREE CEMENT LTD, BEAWAR

Accordingly, the same is dismissed

2) and 10B(3) of the Income Tax Rules, 1962.” 30.12. The ld. A/R of the assessee also submitted that the rates at which power is purchased by distribution companies from generation companies are the rates charged by generation companies to middlemen (i.e. B2B business models) which are governed by altogether different level of market and are therefore not comparable

SUNIL CHABLANI,AJMER, RAJASTHAN vs. CIRCLE (INTL TAX), JAIPUR, JAIPUR, RAJASTHAN

220\n19,29,791\n2016-17 (5,96,200) 264\n6,14,267\n2017-18 (2,10,000)\n2,10,000\n39,27,473\nCapital Gain in FY 2018-\n19\n15,39,545\nDeductions/s 54 (Property\nPurchased in 28 May 2018\nRs.38,20,000/-\n15,39,545\nNIL\nDRP\nLong Term Capital Gain\nNe\nD\nDRP.1. Ne\nariat.\n3.4 However

KRISHAN PAL SINGH HUF,JAIPUR vs. ASSESSING OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: the Ld CIT (Appeals).

gains year in which assessable – assessment year 1999- 2000 whether even in cases where pending appeal court /tribunal/ authority, before which appeal is pending permits claimant to withdraw against security or otherwise enhanced compensation (which is in dispute) same is liable to be taxed under section 45(5) in year of receipt- Held, yes - Whether additional amount under section

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

SHRI MADAN LAL SHARMA,JAIPUR vs. ITO, WARD-1, , BHARATPUR

In the result, appeal filed by the revenue is allowed statistically and

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

Capital Gains, eligible to tax, in the hands of the assessee. 3.3. Even ld. AO, in his remand report, submitted to the ld. CIT(A) accepted the fact that the property was never transferred to the assessee. In this regard, the remand report of the ld. AO, reproduced by the ld. CIT(A) at Page 5-6 of his order

ITO, WARD-1, BHARATPUR vs. SHRI MADAN LAL SHARMA, JAIPUR

In the result, appeal filed by the revenue is allowed statistically and

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

Capital Gains, eligible to tax, in the hands of the assessee. 3.3. Even ld. AO, in his remand report, submitted to the ld. CIT(A) accepted the fact that the property was never transferred to the assessee. In this regard, the remand report of the ld. AO, reproduced by the ld. CIT(A) at Page 5-6 of his order