GAYTRI SHARMA,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: The Learned Authority & No Fact Had Been Concealed By The Assessee. 2. Whether In The Facts & Circumstances Of The Case & In Law, Is It Justified By The Learned Authority To Levy Penalty, Whereby The Property Being Used For Residential Purpose Only. 3. Whether In The Facts & Circumstances Of The Case & In Law, Is It Justified By The Learned Authority To Levy Penalty, Even If Assessee Is Not Required To Maintained Books Of Accounts As Per U/S 44Aa Read With Rule 6F Of Income Tax Act, 1961. 4. Whether In The Facts & Circumstances Of The Case & In Law, Is It Justified By The Learned Authority To Levy Penalty, Whereby Mistake In Claiming Of Deduction Under Wrong Provision Of Law Was Bona-Fide Mistake.”

capital gain was made. The AO then initiated the penalty proceedings U/s 271(1)(c) of the Act and levied the penalty of Rs. 1,38,770/- being 100% of the tax sought to be evaded. The assessee challenged the action of the AO before the ld. CIT(A) but could not succeed. 3. Before

KANHAIYA LAL LALWANI,JAIPUR vs. ITO WARD-5(1) JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

capital gain arose on the sale of immovable property could have been below taxable limit. It is noteworthy to mention that the provisions of Section 273B

SMT USHA KAPOOR,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: : Shri Vijay Pal Raovk;Dj Vihy La-@Ita No. 1336/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Years : 2009-2010 Cuke Smt. Usha Kapoor The Ito Vs. L/H Late Shri Som Prakash Kapoor Ward- 6(4) 4/266, Jawahar Nagar, Jaipur Jaipur Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Adipk 4486 D Vihykfkhz@ Appellant Izr;Fkhz@ Respondent

Capital Gain arisen 4 Smt. Usha Kapoor vs ITO, Ward- 6(4), Jaipur from said transaction. So far as the liability of the legal heir to pay due tax on the income of the deceased assessee is concerned, there is no quarrel that legal heir of the assessee has to discharge the tax liability of the deceased assessee. However

URBAN IMPROVEMENT TRUST,NEAR CAD CIRCLE vs. NATIONAL FACELESS APPEALS CENTRE, DELHI

In the result, the appeal of the assessee is allowed

gains of business incidental to the attainment of objects shall be maintained in compliance to section 11(4A) of the Income-tax Act, 1961. 4- U;kl@lkslk;Vh@vykHkdkjh dEiuh@laLFkku dks izR;sd o"kZ] vk;dj vf/kfu;e esa fu/kkZfjr le; lhek esa vk; dh fooj.kh izLrqr djuh gksxhA The Trust/Society/Non-profit Company/Institution should furnish a return

URBAN IMPROVEMENT TRUST,NEAR CAD CIRCLE vs. NATIONAL FACELESS APPEALS CENTRE, DELHI

In the result, the appeal of the assessee is allowed

gains of business incidental to the attainment of objects shall be maintained in compliance to section 11(4A) of the Income-tax Act, 1961. 4- U;kl@lkslk;Vh@vykHkdkjh dEiuh@laLFkku dks izR;sd o"kZ] vk;dj vf/kfu;e esa fu/kkZfjr le; lhek esa vk; dh fooj.kh izLrqr djuh gksxhA The Trust/Society/Non-profit Company/Institution should furnish a return

URBAN IMPROVEMENT TRUST,CAD CIRCLE vs. NATIONAL FACELESS APPEALS CENTRE, DELHI

In the result, the appeal of the assessee is allowed

gains of business incidental to the attainment of objects shall be maintained in compliance to section 11(4A) of the Income-tax Act, 1961. 4- U;kl@lkslk;Vh@vykHkdkjh dEiuh@laLFkku dks izR;sd o"kZ] vk;dj vf/kfu;e esa fu/kkZfjr le; lhek esa vk; dh fooj.kh izLrqr djuh gksxhA The Trust/Society/Non-profit Company/Institution should furnish a return

URBAN IMPROVEMENT TRUST,NEAR CAD CIRCLE vs. NATIONAL FACELESS APPEALS CENTRE, DELHI

In the result, the appeal of the assessee is allowed

gains of business incidental to the attainment of objects shall be maintained in compliance to section 11(4A) of the Income-tax Act, 1961. 4- U;kl@lkslk;Vh@vykHkdkjh dEiuh@laLFkku dks izR;sd o"kZ] vk;dj vf/kfu;e esa fu/kkZfjr le; lhek esa vk; dh fooj.kh izLrqr djuh gksxhA The Trust/Society/Non-profit Company/Institution should furnish a return

URBAN IMPROVEMENT TRUST,CAD CIRCLE vs. NATIONAL FACELESS APPEALS CENTRE, DELHI, DELHI

In the result, the appeal of the assessee is allowed

gains of business incidental to the attainment of objects shall be maintained in compliance to section 11(4A) of the Income-tax Act, 1961. 4- U;kl@lkslk;Vh@vykHkdkjh dEiuh@laLFkku dks izR;sd o"kZ] vk;dj vf/kfu;e esa fu/kkZfjr le; lhek esa vk; dh fooj.kh izLrqr djuh gksxhA The Trust/Society/Non-profit Company/Institution should furnish a return

URBAN IMPROVEMENT TRUST,NEAR CAD CIRCLE vs. NATIONAL FACELESS APPEALS CENTRE, DELHI

In the result, the appeal of the assessee is allowed

gains of business incidental to the attainment of objects shall be maintained in compliance to section 11(4A) of the Income-tax Act, 1961. 4- U;kl@lkslk;Vh@vykHkdkjh dEiuh@laLFkku dks izR;sd o"kZ] vk;dj vf/kfu;e esa fu/kkZfjr le; lhek esa vk; dh fooj.kh izLrqr djuh gksxhA The Trust/Society/Non-profit Company/Institution should furnish a return

KANHAIYA LAL LALWANI,JAIPUR vs. ITO WARD-5(1) JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

capital gain arose on the sale of immovable property could have been below taxable limit. It is noteworthy to mention that the provisions of Section 273B

SH. ASHOK KUMAR PORWAL,JHALAWAR vs. JCIT, RANGE-1, KOTA, KOTA

In the result, appeal of the assessee is partly allowed

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

capital gain (LTCG) on sale of shares which was claimed as exempt under section 10(38), since said transactions of sale and purchase of shares were admitted by assessee and it had not brought on record anything to suggest that reassessment proceedings were being undertaken in arbitrary manner, impugned reopening notice was justified [2023] 152 taxmann.com

SAKKU DEVI,JAIPUR vs. ITO, WARD-7(2), JAIPUR

In the result, the appeal of the assessee is allowed

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

section. This being the position, the case gets covered u/s 273B of the Act. Reliance on the Judgment/Order of "Arjun Dada KharateVs DCIT (ITAT Pune)2020" 10. That on the facts and in the circumstances of the case and in law the learned appellate authority erred in passing the Appellate order dt.31.12.2022 by stating that that penalty proceeding u/s 271F