OMPRAKASH,DHOLPUR vs. ITO WARD 4 BHARATPUR, BHARATPUR

In the result, the both the appeals of the assessee are allowed for statistical\npurposes as indicated hereinabove\nOrder pronounced in the open court on\n17/01/2025

254, of the Income-\ntax Act, 1961 - Capital gains - Capital assets (Agricultural land) - Assessment year 2013-\n14 - Assessee sold certain parcels of land and claimed that said land was agricultural\nland and, thus, capital gain arising from sale of said land was not chargeable to tax\nAssessing Officer held that land was capital asset on ground that land was held

MUNNI DEVI,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5,, JAIPUR

capital gain tax levied by\nA.O. on the sale of said agricultural land is wrong and unjustified.\nIn view of the above discussion and evidence furnished by the Id. A/R, we find no\njustification to sustain the addition. Thus the additions made by the AO and sustained\nby the Id. CIT (A) in respect of both the agricultural lands

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

In the result, the appeal of the assessee is allowed

254, read with section 41(1) of the Income-tax Act, 1961 - Appellate Tribunal – Order of – Assessment year 1984-85 – Assessee-company took over running business of a firm in which it was a partner – During relevant accounting period assessee received refund of sales-tax – ITO held that said refund was assessable as income of assessee – On appeal, Commissioner (Appeals

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)

Capital Gain of Rs.3,78,74,469/- (PB5). 2. In the first round, the case was selected for scrutiny supposedly, on the issue of examination of LTCG. Notices u/s 143(2) dt.18.09.2015 and thereafter notice u/s 142(1) were issued time to time which were duly replied and assessment was completed vide order

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)

254/- that was made by the Assessing Officer on account of disallowance of amount of loans and advances to subsidiary/group companies. Disallowance of contribution to DAV Trust Management Society Department has also challenged deletion of addition of Rs. 82,10,270/- made by the Assessing Officer by disallowing contribution to DAV Trust Management Society. ITAT No. 1099/JPR/2024

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)

254/- that was made by the Assessing Officer on account of disallowance of amount of loans and advances to subsidiary/group companies. Disallowance of contribution to DAV Trust Management Society Department has also challenged deletion of addition of Rs. 82,10,270/- made by the Assessing Officer by disallowing contribution to DAV Trust Management Society. ITAT No. 1099/JPR/2024

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)

254/- that was made by the Assessing Officer on account of disallowance of amount of loans and advances to subsidiary/group companies. Disallowance of contribution to DAV Trust Management Society Department has also challenged deletion of addition of Rs. 82,10,270/- made by the Assessing Officer by disallowing contribution to DAV Trust Management Society. ITAT No. 1099/JPR/2024

HARISH SHARMA HUF,B-1, PATODIYA MARG, SHASTRI NAGAR, JAIPUR vs. ITO, WARD-5(3), JAIPUR

In the result the appeal of the assessee is dismissed

254 (1) and Section 255 (6) of the Act clearly shows the power exercisable by the Tribunal and they are akin and equal to that of the power exercisable by the assessing authority and in the case on hand the tribunal ought to have exercised such power and or its failure renders the order as perverse. For the same proposition

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

254/- that was made by the Assessing Officer on account of\ndisallowance of amount of loans and advances to subsidiary/group\ncompanies.\nDisallowance of contribution to DAV Trust Management Society\nDepartment has also challenged deletion of addition of Rs.\n82,10,270/- made by the Assessing Officer by disallowing contribution to\nDAV Trust Management Society.\nITAT No. 1099/JPR/2024

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

254/- that was made by the Assessing Officer on account of\ndisallowance of amount of loans and advances to subsidiary/group\ncompanies.\nDisallowance of contribution to DAV Trust Management Society\nDepartment has also challenged deletion of addition of Rs.\n82,10,270/- made by the Assessing Officer by disallowing contribution to\nDAV Trust Management Society.\nITAT No. 1099/JPR/2024

RAJRANI SINGHAL,BEAWAR vs. DCIT, CENTRAL CIRCLE, AJMER, AJMER

section 45(1) of Income Tax\nAct' 1961 states “Any profits or against arising from the transfer of a\nCAPITAL ASSET” shall be chargeable to Income Tax under the\nhead \"CAPITAL GAIN\".\nWhereas the A.O. & CIT(A) both have considered “SALE VALUE”\nas “CAPITAL GAIN”, whereas complete details were filed to A.O.\nduring assessment proceedings / u/sec. 154 even sale deed

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

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

GANPATLAL AGARWAL,BEAWAR vs. DCIT, CENTRAL CIRCLE, AJMER, AJMER

section 45(1) of Income Tax\nAct' 1961 states “Any profits or against arising from the transfer of a\nCAPITAL ASSET” shall be chargeable to Income Tax under the\nhead \"CAPITAL GAIN\".\nWhereas the A.O. & CIT(A) both have considered “SALE VALUE”\nas “CAPITAL GAIN”, whereas complete details were filed to A.O.\nduring assessment proceedings / u/sec. 154 even sale deed

VINODKUMAR AGARWAL,AJMER vs. DCIT, CENTRAL CIRCLE, AJMER

section 45(1) of Income Tax Act\n1961 states \"Any profits or against arising from the transfer of a\nCAPITAL ASSET\" shall be chargeable to Income Tax under the head\n\"CAPITAL GAIN\".\nWhereas the A.O. & CIT(A) both have considered \"SALE VALUE\" as\n\"CAPITAL GAIN\", whereas complete details were filed to A.O. during\nassessment proceedings/u/sec. 154 even sale

GANPATLAL AGARWAL,BEAWAR vs. DCIT, CENTRAL CIRCLE, AJMER, AJMER

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)

section 45(1) of Income Tax Act’ 1961 states “Any profits or against arising from the transfer of a CAPITAL ASSET” shall be chargeable to Income Tax under the head “CAPITAL GAIN”. Whereas the A.O. & CIT(A) both have considered “SALE VALUE” as “CAPITAL GAIN”, whereas complete details were filed to A.O. during assessment proceedings / u/sec. 154 even sale deed

GANPATLAL AGARWAL,BEAWAR vs. DCIT, CENTRAL CIRCLE, AJMER, AJMER

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)

section 45(1) of Income Tax Act’ 1961 states “Any profits or against arising from the transfer of a CAPITAL ASSET” shall be chargeable to Income Tax under the head “CAPITAL GAIN”. Whereas the A.O. & CIT(A) both have considered “SALE VALUE” as “CAPITAL GAIN”, whereas complete details were filed to A.O. during assessment proceedings / u/sec. 154 even sale deed

RAJRANI SINGHAL,BEAWAR vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

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)

section 45(1) of Income Tax Act’ 1961 states “Any profits or against arising from the transfer of a CAPITAL ASSET” shall be chargeable to Income Tax under the head “CAPITAL GAIN”. Whereas the A.O. & CIT(A) both have considered “SALE VALUE” as “CAPITAL GAIN”, whereas complete details were filed to A.O. during assessment proceedings / u/sec. 154 even sale deed