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24 results for “capital gains”+ Section 234Dclear

Sorted by relevance

Mumbai239Delhi204Bangalore148Ahmedabad70Kolkata31Hyderabad26Jaipur24Chennai19Chandigarh17Raipur17Guwahati10Cochin8Rajkot7Indore7Pune6Karnataka4Surat4Cuttack3Jodhpur3Telangana3Nagpur2Ranchi1Amritsar1

Key Topics

Section 143(3)32Addition to Income21Section 234A19Section 14715Section 244A14Section 14814Section 69C8Deduction8Section 577Disallowance

GOVERDHAN SIGH SHEKHAWAT,JAIPUR vs. ITO, JAIPUR

ITA 517/JPR/2013[2009-10]Status: DisposedITAT Jaipur11 Jan 2019AY 2009-10
For Appellant: Shri Mahendra Gargieya (Adv.)For Respondent: Shri Varindar Mehta (CIT)
Section 143(3)Section 234BSection 244ASection 54F

234D of the Act and as also in withdrawing interest u/s 244A of the Act. The appellant totally denies its liability for charging and withdrawal of any such interest. The interest so charged/withdrawn, being contrary to the provisions of law and facts, kindly be deleted in full.” 2. Briefly stated, the facts of the case are that during the year

SATBIR YADAV,JAIPUR vs. ITO, ALWAR

In the result, both the appeals of the assessees are allowed

Showing 1–20 of 24 · Page 1 of 2

7
Section 36(1)(iii)6
Capital Gains5
ITA 415/JPR/2017[2012-13]Status: DisposedITAT Jaipur05 Feb 2018AY 2012-13
For Appellant: Shri Mahendra Gargieya (Adv.)For Respondent: Smt. Poonam Roy (DCIT)
Section 143(3)Section 234ASection 244ASection 54BSection 54F

234D of the Act and as also in withdrawing interest u/s 244A of the Act. The appellant totally denies its liability of charging and withdrawal of any such interest. The interest so charged/withdrawn, being contrary to the provisions of law and facts, kindly be deleted in full. ITA 414 & 415/JP/2017_ 4 Balwant Yadav Vs. ITO 2. Since the certain issues

BALWANT YADAV,JAIPUR vs. ITO, ALWAR

In the result, both the appeals of the assessees are allowed

ITA 414/JPR/2017[2012-13]Status: DisposedITAT Jaipur05 Feb 2018AY 2012-13
For Appellant: Shri Mahendra Gargieya (Adv.)For Respondent: Smt. Poonam Roy (DCIT)
Section 143(3)Section 234ASection 244ASection 54BSection 54F

234D of the Act and as also in withdrawing interest u/s 244A of the Act. The appellant totally denies its liability of charging and withdrawal of any such interest. The interest so charged/withdrawn, being contrary to the provisions of law and facts, kindly be deleted in full. ITA 414 & 415/JP/2017_ 4 Balwant Yadav Vs. ITO 2. Since the certain issues

RAKESH KUMAR JAIN,JAIPUR vs. DCIT,CIRCLE-2, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee is allowed

ITA 212/JPR/2025[2014-15]Status: DisposedITAT Jaipur23 Jul 2025AY 2014-15

Bench: Or At The Time Of Hearing Of The Appeal & / Or Modify Any Of The Above Grounds.

For Appellant: Shri C.L. Yadav, CA and Shri Vikas Yadav AdvocateFor Respondent: Shri Gautam Singh Choudhary
Section 250(6)Section 271(1)(c)

capital gain Rs.1,14,75,791/-, Gross Total Income Rs.1,15,64,875/- Less: Deduction under Chapter VI-A Rs. 89,084/- Restricted to Income other than LTCG –Total Income Rs. 1,14,75,791/-, R/o Rs.1,14,75,790/- Assessed u/s 143(3) of the I.T. Act at Rs.1,14,75,790/-. Issue demand notice and challan. Charged interest

BALVEER SINGH,JAIPUR vs. ITO WARD 3(3) JAIPUR, INCOME TAX DEPARTMENT

ITA 183/JPR/2024[2012-13]Status: DisposedITAT Jaipur30 Oct 2024AY 2012-13
For Appellant: Shri Naresh Gupta (Adv.)For Respondent: Shri Sanjay Nargas (JCIT)
Section 133(6)Section 143(2)Section 144Section 147

capital gains. The Tribunal decided to set aside the appeal to the CIT(A) for fresh adjudication to provide the assessee with a sufficient opportunity to present evidence and submissions.", "result": "Allowed", "sections": [ "143(3)", "147", "148", "142(1)", "145(3)", "271(1)(c)", "271(1)(b)", "271B", "274", "234B", "234D

MUSTAFA KATTHAWALA,KOTA vs. DCIT ACIT, CIRCLE-2, KOTA, KOTA

In the result, the appeal of the assessee is allowed for\nstatistical purposes

ITA 1156/JPR/2024[2015-16]Status: DisposedITAT Jaipur20 Jan 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM\nआयकर अपील सं./ITA. No. 1156/JPR/2024\nनिर्धारण वर्ष / Assessment Years : 2015-16\nMustafa Katthawala\nProp. Shakti Steels, Near Reliance\nPetrol Pump Jhalawar Road, IPIA\nKota.-324005.\nबनाम | The DCIT/ACIT,\nVs.\nCircle-2,\nKota.\nस्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AGPPK5043C\nअपीलार्थी / Appellant\nप्रत्यर्थी / Respondent\nनिर्धारिती की ओर से / Assessee by :Shri Devang Gargieya, Adv.\nराजस्व की ओर से / Reven

For Appellant: Shri Devang Gargieya, AdvFor Respondent: Shri Anup Singh, Addl. CIT
Section 144Section 147Section 148Section 148ASection 234BSection 234CSection 234DSection 244ASection 45(3)

section 147 r.w.s.\n144 r.w.s.144B of the Income Tax Act, 1961 (for short Act).\n2.\nThe assessee has raised the following grounds: \n“1. 1. The impugned additions and disallowances made in the order u/s\n147 r.w.s 144 dated 31.03.2023 are bad in law and on facts of the\ncase, for want of jurisdiction and various other reasons and hence

PUNEET SINGHVI,KOTA vs. ITO, WARD-2(1), KOTA

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

ITA 1294/JPR/2024[2013-14]Status: DisposedITAT Jaipur13 Feb 2025AY 2013-14

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

For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri Gautam Singh Choudhary, JCIT-DR
Section 144Section 147Section 148Section 2(47)Section 234ASection 48Section 50C

234D of the Act. The appellant totally denies it liability of charging of any such interest. The interest, so charged, being contrary to the provisions of law and facts, kindly be deleted in full. 2.1 Apropos Ground of appeals (supra), it is noted that the ld. CIT(A) has partly allowed the appeal of the assessee for statistical purposes

ALLEN CAREER INSTITUTE,JAIPUR vs. JCIT, KOTA

In the result, the appeal of the assessee is partly allowed

ITA 246/JPR/2015[2010-11]Status: DisposedITAT Jaipur04 Aug 2022AY 2010-11
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 234ASection 244ASection 36(1)(iii)

Section 4 of the Indian Partnership Act 1932 also support this contention. Thus, the 'partnership firm' and partners have been collectively seen and the distinction between the two was removed in the judicial precedents even for taxation purposes. 6.2.3 On the other hand, interest paid on borrowed capital u/s 36(1)(iii) presupposes a transaction between two independent entities, which

RAMA KANT SABOO,JAIPUR vs. ACIT CIRCLE 7, BABA SIDDHANATHA BHAWAN

In the result, the appeal of the assessee is dismissed

ITA 1490/JPR/2024[2018-19]Status: DisposedITAT Jaipur28 Oct 2025AY 2018-19
For Appellant: Shri Ashok Kanodia, CAFor Respondent: Shri Gautam Singh Choudhary, JCIT-DR
Section 143Section 234Section 57

capital asset or personal use. Hence, the same squarely falls within the purview of Section 57(iii). 4. Principle of Real Income and Consistency  In subsequent assessment years, the appellant has duly disclosed and offered for tax foreign exchange gains under the head “Income from Other Sources.” The consistency of such treatment demonstrates transparency and establishes that both  exchange gains

AKSHAT LOYALKA,JAIPUR vs. RJN-C-(101)(1), JAIPUR

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

ITA 1019/JPR/2024[2016-17]Status: DisposedITAT Jaipur27 May 2025AY 2016-17
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri Gautam Singh Choudhary, Addl. CIT-DR
Section 144BSection 147Section 234ASection 250Section 5Section 69A

section 250 of the I.T. Act, 1961, for the assessment year 2016-17. The\nassessee has raised the following grounds of appeal :-\n“1. The impugned order u/s 147 r.w.s 144B of the Act dated 25.05.2023 is bad in\nlaw and on facts of the case, for want of jurisdiction and various other reasons and\nhence the same kindly

SANTOSH KANWAR,JAIPUR vs. ITO 6(4 ) JAIPUR, JAIPUR

ITA 937/JPR/2024[2015-2016]Status: DisposedITAT Jaipur17 Jul 2025AY 2015-2016

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

For Appellant: NoneFor Respondent: Shri Gautam Singh Choudhary, JCIT-DR
Section 10(38)Section 115BSection 142(1)Section 143(3)Section 234ASection 274Section 288Section 68Section 69C

Capital gain (LTCG & STCG) para6) (considered under Rs. Nil/- head business & profession) Income from other sources as declared Rs. 10,11,828/- Additions Bogus LTCGclaimed u/s 10(38) held to be income from Rs.19,10,972/- other sources as discussed above (para5) u/s 68 Commission paid for acquiring such accommodation Rs. 1,14,658/- entry as discussed above

ALLEN CAREER INSTITUTE,JAIPUR vs. JCIT, KOTA

In the result, the appeal of the assessee is partly allowed

ITA 620/JPR/2016[2011-12]Status: DisposedITAT Jaipur04 Aug 2022AY 2011-12
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 36Section 36(1)(iii)Section 37(1)

234D of the Act and as also in withdrawing interest u/s 244A of the Act. The appellant totally denies its liability of charging and withdrawal of any such interest. The interest so charged/withdrawn, being contrary to the provisions of law and facts, kindly be deleted in full.’’ 2.1 During the course of hearing, the ld. AR of the assessee

PRANATI BUILDCON, KOTA,KOTA vs. ACIT/DCIT CEN CIR ,KOTA, KOTA

In the result, the appeal of the assessee is allowed

ITA 95/JPR/2025[2018-19]Status: DisposedITAT Jaipur23 Sept 2025AY 2018-19

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

For Appellant: Shri Hanedra Gargieya, Adv. (V.C.)For Respondent: Mrs. Anita Rinesh, JCIT, Sr.-DR a
Section 115BSection 133ASection 143(3)Section 234ASection 244ASection 69C

capital gain, business or profession. 1.2 A combined reading of S. 14 with S. 56 of the Act makes is evidently clear that for the assessment of an income it must have to be classified under four heads of income as enumerated u/s 14 and if it doesn’t fall under any specific head of income as per item

RAJESH KUMAR KHANDELWAL,JAIPUR vs. INCOME TAX OFFICER, WARD – 2(1), JAIPUR

In the result, the appeal of the assessee is allowed

ITA 14/JPR/2022[2010-11]Status: DisposedITAT Jaipur16 Aug 2022AY 2010-11
For Appellant: None (Written Submission)For Respondent: Shri Manoj Mehar (CIT) a
Section 143(3)Section 147Section 148Section 234ASection 271(1)(c)

section 147 of the Income Tax Act, 1961 showing calculation of tax and interest chargeable, if any, is attached herewith forming part of this order. Charge interest u/s 234A/ 234B/234C and 234D, if any, a peer rules. Penalty proceedings u/s 271(1)(c) are initiated separately. Rajesh Kumar Khandealwal vs. ITO 7. Being aggrieved by the AO the assessee preferred

NARSEE LAL,JAIPUR vs. ITO, WARD 1(3), JAIPUR

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

ITA 415/JPR/2022[2010-11]Status: DisposedITAT Jaipur10 May 2023AY 2010-11

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri R.S. Poonia, CAFor Respondent: Mrs. Monisha Choudhary, Addl. CIT-DR
Section 234B

234D of the I.T. Act, 1961 on the appellant is wrong and bad in law. Kindly delete the same. 2.1 At the outset of the hearing, the Bench observed that there is delay of 13 days in filing the appeal by the assessee for which the ld. AR of the assessee filed a delay condonation application cum written submission praying

ALLEN CAREER INSTITUTE,KOTA vs. JCIT, JAIPUR

In the result, the Grounds No

ITA 54/JPR/2017[2012-12]Status: DisposedITAT Jaipur04 Aug 2022AY 2012-12
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 234ASection 244ASection 36Section 36(1)(iii)Section 37(1)

234D of the Act and as also in withdrawing interest u/s 244A of the Act. The appellant totally denies its liability of charging and withdrawal of any such interest. The interest so charged/withdrawn, being contrary to the provisions of law and facts, kindly be deleted in full. 3 ALLEN CAREER INSTITUTE VS JCIT, RANGE-2, KOTA 2.1 The Ground No.1

RAJNI VINOD MALHOTRA,MUMBAI vs. DCIT, INTERNATIONAL TAXATION, JAIPUR

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 324/JPR/2021[2012-13]Status: DisposedITAT Jaipur31 Mar 2022AY 2012-13
For Appellant: Shri Rohan Sogani (C.A.)For Respondent: Shri A.S. Nehra (Addl. CIT) a
Section 139(1)Section 143(3)Section 234ASection 234BSection 234CSection 234DSection 271(1)(c)Section 271FSection 54Section 69A

capital gains. 6. The learned Commissioner of income tax (appeals) has erred in not deciding the ground of appeal disputing the fact that the learned Commissioner of Income Tax (Appeals) had not allowed the deduction u/s 54 of the Income Tax Act, 1961 towards purchase of a new residential property. 7. The learned Commissioner of income tax (appeals) has erred

PARSHWANATH BUILDESTATE PRIVATE LIMITED, KOTA,KOTA vs. ACIT/DCIT,CENTRAL CIRCLE, KOTA, KOTA

In the result, both the appeal filed by separate assessee are allowed in terms of the above observations

ITA 1357/JPR/2024[2018-19]Status: DisposedITAT Jaipur19 Mar 2025AY 2018-19

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

For Appellant: Shri Mahendra Gargieya, Adv.&For Respondent: Smt. Runi Pal, CIT a
Section 133ASection 139Section 143(3)Section 234ASection 244ASection 69C

234D. Interest u/s 244A is also withdrawn, as per law. A copy of this order along with ITNS 150 which is part of this order is served upon assessee.” 3. Aggrieved by the order of AO, the Assessee filed an appeal to CIT (A) on 31.05.2021. However, the CIT (A) passed the order dated 27.10.2024 without appreciating the arguments

PARSHAVNATH ASSOCIATES, KOTA,KOTA vs. ACIT/DCIT,CENTRAL CIRCLE, KOTA, KOTA

In the result, both the appeal filed by separate assessee are allowed in terms of the above observations

ITA 1358/JPR/2024[2018-19]Status: DisposedITAT Jaipur19 Mar 2025AY 2018-19

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

For Appellant: Shri Mahendra Gargieya, Adv.&For Respondent: Smt. Runi Pal, CIT a
Section 133ASection 139Section 143(3)Section 234ASection 244ASection 69C

234D. Interest u/s 244A is also withdrawn, as per law. A copy of this order along with ITNS 150 which is part of this order is served upon assessee.” 3. Aggrieved by the order of AO, the Assessee filed an appeal to CIT (A) on 31.05.2021. However, the CIT (A) passed the order dated 27.10.2024 without appreciating the arguments

HIRALAL VIJAWAT , BHAWANIMANDI,BHAWANIMANDI vs. ACIT / DCIT CENTRAL CIRCLE KOTA, KOTA

ITA 614/JPR/2025[2019-20]Status: DisposedITAT Jaipur21 Aug 2025AY 2019-20
For Appellant: Sh. Mahendra Gargieya, Adv. (VC)\rFor Respondent: Sh. Gaurav Awasthi, JCIT, SR. DR\r
Section 133ASection 139Section 143(2)Section 143(3)Section 234BSection 69C

234D. Interest u/s 244A is also withdrawn, as per law. A\r\ncopy of this order along with ITNS 150 which is part of this order is served upon\r\nassessee. A notice of demand u/s 156 of the Act and challan for payment of tax, if\r\npayable, is hereby issued. Penalty u/s 271AAC of the Income