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.

2 years. Booking agreement has been entered within 3 years, hence the construction is complete. ii) Entire capital gain amount has been kept in savings bank account and had not been utilized for any other purposes. Hence, not depositing under CGAS is only a technical defect as the entire amount has been invested in the new asset. 4. DCIT

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)

32,716 Capital Gain Rs.2,67,284 4.3.1 When the notice u/s 142(1) was given for invoking the provisions of sec.50C of the IT Act, the appellant had filed the revised computation of long term capital gain, which is as under: Sales consideration value 50C Rs 19,31,391 Less: Indexed cost of purchase Rs.2,06,624 Indexed cost

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

capital gain earned towards consideration of new residential house within extended period u/s 139(4) of the Act, the claim made by assessee for exemption u/s 54F of the Act could not be denied. The Coordinate Bench of the ITAT Jaipur in the case of ACIT Vs. Maya Devi Sharma in ITA No. 71/JP/15 dated 25.07.2017 (relevant Para

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

2) of the act mandates that CIT (A) shall\napply its mind to all the issues which arise from the order before him, whether or\nnot the appellant has raised the same before him. Therefore, it is held by the\ncourt that CIT (Appeal) has no power to dismiss appeal for non-prosecution.\nIn another case of Pawan Kumar Singhal

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)

capital gain to the assessee and the same should be sustained. To support the various contentions so raised the ld. DR has filed the following submissions: A paper book containing following record filed vide letter dated 06.10.2022 S.No. Particulars Page No. A.Y 2016-17 1. Copy of letter of Director of M/s Chokhi Dhani Developer

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)

capital gain to the assessee and the same should be sustained. To support the various contentions so raised the ld. DR has filed the following submissions: A paper book containing following record filed vide letter dated 06.10.2022 S.No. Particulars Page No. A.Y 2016-17 1. Copy of letter of Director of M/s Chokhi Dhani Developer

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)

capital gain to the assessee and the same should be sustained. To support the various contentions so raised the ld. DR has filed the following submissions: A paper book containing following record filed vide letter dated 06.10.2022 S.No. Particulars Page No. A.Y 2016-17 1. Copy of letter of Director of M/s Chokhi Dhani Developer

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)

capital gain to the assessee and the same should be sustained. To support the various contentions so raised the ld. DR has filed the following submissions: A paper book containing following record filed vide letter dated 06.10.2022 S.No. Particulars Page No. A.Y 2016-17 1. Copy of letter of Director of M/s Chokhi Dhani Developer

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

In the result the appeal of the assessee is allowed

Capital gains - Special provision for\ncomputation of full value consideration (Safe harbour) - Assessment year 2011-\n12 - Whether amendment in scheme of section 50C(1), by inserting third proviso\nthereto and by enhancing tolerance band for variations between stated sale\nconsideration vis-à-vis stamp duty valuation from 5 per cent to 10 per cent are\ncurative in nature, and, therefore

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)

2) the assessee has option to take either cost or fair market value; (ii) assessee has taken fair market value as cost of acquisition. It is a measure of inflation that finds application in tax law, when computing long term capital gains on sale of assets. Section 48 of the income tax Act defines the index as what is notified

BHARATPUR ROYAL FAMILY RELIGIOUS & CEREMONIAL TRUST,BHARATPUR vs. CIT(E), JAIPUR

In the result, we upheld the order of the ld PCIT in exercise of his powers u/s 263 in setting aside the order so passed by the AO and the grounds of appeal taken by the assessee are hereby dismissed

32 Bharatpur Royal Family Religious & Ceremonial Trust Moti Mahal, Bharatpur Vs. CIT(E), Jaipur (ii) where only a part of the net consideration is utilised for acquiring the new capital asset, so much of such capital gain as is equal to the amount, if any, by which the amount so utilised exceeds the cost of the transferred asset; (b) where

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)

Section 28 pertains to computation of profits and 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

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)

Section 28 pertains to computation of profits and 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

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)

Section 28 pertains to computation of profits and 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

MAHENDRA SHARMA,JAIPUR vs. ITO, WARD-3(1), JAIPUR

In the result, the appeal of the assessee is allowed

capital gain u/s 10(38) of I.T. Act. The appellant had sold shares named as\nM/s Shree Nath Commercial & Finance Ltd. the same were found to be penny\nstock. The learned AO contented that the underlined companies were bogus and\nwithout any substance and he observed that there is sudden surge in the volume\ntraded and price is artificially rigged

RAM SHRAN KATTA, 257, KATTA STREET, JAIN MANDIR WALI GALI, DURGAPURA, JAIPUR,JAIPUR vs. ITO WARD-6(4), JAIPUR

In the result, the appeals of the assessee are allowed

32-63), which were purchased on 22.11.2005(PB: 20-31).\n2.2\nInadvertently, while filing the return, assessee had taken the sales consideration at Rs.\n18,30,000 instead of Rs. 18,91,000 and considered the same as long term capital asset\ninstead of short term capital asset. Accordingly, assessee derived long term capital loss

KULDEEP SINGH SHEKHAWAT,KOTA vs. ITO W-2(1), KOTA, KOTA

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Gagan Goyalkuldeep Singh Shekhawat, 11, Samridhi Traders, Police Line, Gopal Vihar, Baran Road-324001 Pan No. Araps0973M ...... Appellant Vs. Income Tax Officer, Ward-2(1), Kota …... Respondent

Capital Gains Account Scheme, can be made till the date of belated return under section 139(4) or revised return under section 139(5) as the wordings used in section 54(2) is "section 139", and not section 139(1), which covers all sub-sections of section 139". The Supreme Court, in the context of interpretation of provisions of 276CC

RAM SHARAN KATTA, 257, KATTA STREET, JAIN MANDIR WALI GALI, DURGAPURA, JAIPUR,JAIPUR vs. ITO WARD-6(4), JAIPUR, WARD-6(4), JAIPUR

In the result, the appeals of the assessee are allowed

32-63), which were purchased on 22.11.2005(PB: 20-31).\n2.2\nInadvertently, while filing the return, assessee had taken the sales consideration at Rs.\n18,30,000 instead of Rs. 18,91,000 and considered the same as long term capital asset\ninstead of short term capital asset. Accordingly, assessee derived long term capital loss

SHRI ARNAV GOYAL,JAIPUR vs. ITO, WARD-2(4), JAIPUR

In the result, the appeal of the assessee is allowed

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

32,33,482/- made by the AO for which the ld. AR filed the following written submission. Ground-wise submission is as under: Ground of Appeal No. 1 to 1.6 and 2: In all these grounds of appeal, assessee has challenged the action of ld. CIT(A) in confirming addition of Rs.31,70,080/- made by ld.AO