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43 results for “capital gains”+ Section 36(1)(xii)clear

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Mumbai225Delhi114Chandigarh66Jaipur43Ahmedabad28Hyderabad26Nagpur25Raipur23Guwahati21Bangalore19Chennai16Pune11Amritsar10Surat8Lucknow6Kolkata5Dehradun3Indore2Cochin2Rajkot1Visakhapatnam1

Key Topics

Section 143(3)35Section 80I25Addition to Income25Section 153A22Section 6818Section 8016Section 12A15Section 10(38)14Section 14811Disallowance

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SNEHLATA AGARWAL, SIKAR

In the result, the appeals of the revenue in ITA No

ITA 297/JPR/2025[2014]Status: DisposedITAT Jaipur08 Jul 2025

xii) Copy of bills issued by B. Lodha Securities Ltd Page\nNo.35 to 44 (xiii) Copy of allotment advice and acknowledgement slip issued by\nAnax Com Trade Ltd Page No. 45 to 46 (xiv) Data in excel sheet table Page\nNo.47 to 48 (xv) Table of profit Page No.49 (xvi) Ledger A/c of Share app. with\nM/s Anax Com Trade

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

ITA 266/JPR/2022[2016-17]Status: DisposedITAT Jaipur24 May 2023AY 2016-17

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

Section 143(3)

xii) Similar view is expressed by Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawla 380 (Delhi HC). The Hon'ble High Court, while analyzing the provisions of section 153A read with section 132 of the Act has observed in para 37 and 38 under :- "37. On a conspectus of Section 153A(1

Showing 1–20 of 43 · Page 1 of 3

9
Deduction6
Exemption6

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

ITA 264/JPR/2022[2016-17]Status: DisposedITAT Jaipur24 May 2023AY 2016-17

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

Section 143(3)

xii) Similar view is expressed by Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawla 380 (Delhi HC). The Hon'ble High Court, while analyzing the provisions of section 153A read with section 132 of the Act has observed in para 37 and 38 under :- "37. On a conspectus of Section 153A(1

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

ITA 265/JPR/2022[2016-17]Status: DisposedITAT Jaipur24 May 2023AY 2016-17

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

Section 143(3)

xii) Similar view is expressed by Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawla 380 (Delhi HC). The Hon'ble High Court, while analyzing the provisions of section 153A read with section 132 of the Act has observed in para 37 and 38 under :- "37. On a conspectus of Section 153A(1

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

ITA 267/JPR/2022[2016-17]Status: DisposedITAT Jaipur24 May 2023AY 2016-17

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

Section 143(3)

xii) Similar view is expressed by Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawla 380 (Delhi HC). The Hon'ble High Court, while analyzing the provisions of section 153A read with section 132 of the Act has observed in para 37 and 38 under :- "37. On a conspectus of Section 153A(1

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

In the result, the appeal of the assessee is allowed

ITA 1224/JPR/2024[2013-2014]Status: DisposedITAT Jaipur13 Feb 2025AY 2013-2014
For Appellant: Sh. Tarun Mittal, CAFor Respondent: Mrs. Swapnil Parihar, JCIT-DR
Section 133ASection 147Section 148Section 68Section 69C

36 persons. However, in that list also assessee name was not mentioned. Thus by, relying upon the generalized statements of such parties, ld. AO concluded that M/s Midland Polymers is a Penny stock company and further went on holding that entire consideration received by the assessee after adjusting Short Term Capital declared in IDS 2016 as unexplained cash credit

SHRI ASHNUTH GOYAL,JAIPUR vs. ACIT, WARD -1(3), JAIPUR

In the result, the appeal of the assessee is allowed

ITA 276/JPR/2020[2015-16]Status: DisposedITAT Jaipur03 Apr 2023AY 2015-16

Bench: Him. Thus, The Addition Of Rs. 30,04,864/- So Uphold Deserves To Be Deleted. Shri Ashnuth Goyal Vs Acit, Ward 1(3), Jaipur

For Appellant: Shri Manish Agarwal, CAFor Respondent: Smt. Monisha Choudhary, JCIT
Section 10(38)Section 68

section 10(38) for holding the profit from the sale of shares as exempt have duly SHRI ASHNUTH GOYAL VS ACIT, WARD 1(3), JAIPUR been fulfilled by the assessee, thus in no circumstances it could be held as bogus or sham transaction more particularly when no corroborative evidence was brought on record by the department to hold that assessee

RAJRAJESHWARI GUPTA ,KOTA vs. ITO , WARD 1(1),KOTA, KOTA

In the result, the appeal of the assessee is allowed with no orders as to costs

ITA 245/JPR/2024[2012-13]Status: DisposedITAT Jaipur07 Aug 2024AY 2012-13

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

For Appellant: Shri Rajendra Sisodia AdvFor Respondent: Shri Rajesh Kumar Meena, Addl. CIT-DR
Section 10(38)Section 143(3)Section 148Section 68Section 69C

section 68. 26 RAJ RAJESHWARI GUPTA VS ITO, WARD 1(3), KOTA 1.31As the issue involved is of chargeability of long term capital gain as undisclosed income of the assessee u/s 68 of the Act, it may be mentioned that many High courts and ITAT benches have held in favour of the assessee. In one of the cases

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

In the result, the appeal of the assessee is allowed

ITA 275/JPR/2020[2015-16]Status: DisposedITAT Jaipur03 Apr 2023AY 2015-16

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

For Appellant: Shri Manish Agarwal, CAFor Respondent: Shri Chandra Prakash Meena,Addl.CIT
Section 10(38)Section 68

36 for you honours’s ready reference. iii. After the purchase of shares, the shares were got dematerialized and were credited in the assessee’s D-mat account (500 shares on 04.09.2013 and 12000 shares prior to that) maintained with independent and reputed D- Mat service provider duly approved by various regulatory authorities. These shares continued

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

Accordingly, the same is dismissed

ITA 490/JPR/2023[2016-17]Status: DisposedITAT Jaipur21 Feb 2024AY 2016-17
Section 115JSection 143Section 143(3)Section 144B(1)(xvi)Section 80Section 80I

XII-BA of the Income Tax Act, 1961 deals with special provisions relating to certain non-corporate assesses. Section 115JC therein contains special provisions for Minimum Alternate Tax by non-corporate assesses. Provisions of Section 115JC(2)(i) explicitly stipulates those deductions / exemptions contained in Chapter VIA, Part C (which includes Section 80-IA) will be subjected to Minimum Alternate

MADAN MOHAN GUPTA ,KOTA vs. ITO WARD 1(3) , KOTA

ITA 246/JPR/2024[2012-13]Status: DisposedITAT Jaipur07 Aug 2024AY 2012-13
For Appellant: Shri Rajendra Sisodia AdvFor Respondent: Shri Rajesh Kumar Meena, Addl. CIT-DR
Section 10(38)Section 148Section 68Section 69C

36,700/- resulting into net capital gain of Rs. 48,995/-. The\nAO on perusal of record further observed that in the case of a family member of\nthe same assessee, Shri D.C. Maini, in the same assessment year, similar\nexercise has been done, wherein a long-term capital loss of Rs. 11,59,066/- had\nbeen incurred on account

CENTRE FOR DEVELOPMENT COMMUNICATION TRUST,JAIPUR vs. COMMISSIONER OF INCOME TAX EXEMPTION, JAIPUR

ITA 621/JPR/2023[2017-18 onwards]Status: DisposedITAT Jaipur03 Jun 2024
For Appellant: Sh. Prakul Khurana, Adv. &For Respondent: Sh. Ajay Malik, CIT &
Section 12ASection 12A(1)(ac)Section 40A(3)

section 11 & 12 of the Act. The\nregistration of the trust was again granted to the trust under new regime vide\nregistration dated 23.09.2021 (APB-88-90), that registration being in new law. The\nsubsequent observation on business activities and benefit to the specified person\nalso covered under the new law which does not warrant the rejection of the\nregistration

M/S GVK JAIPUR EXPRESSWAY PRIVATE LIMITED,TELANGANA vs. PCIT 2, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 248/JPR/2023[2018-19]Status: DisposedITAT Jaipur19 Aug 2025AY 2018-19
For Appellant: Shri Tarun Mittal, C.AFor Respondent: Shri Arvind Kumar, CIT-DR
Section 115Section 115JSection 143(3)Section 14ASection 263Section 36(1)(iii)Section 80

xii)\nCopy of order of Hon'ble Supreme Court in SLP having Diary\nno.(S) 27373/2018\n207\n(xiii)\nCopy of Hon'ble ITAT order for A.Y. 2010-11 to A.Y. 2015-16 in\nassessee's own case\n208-303\n(xiv)\nCopy of Schedule “L” of Concession agreement containing clause\nNo. 4.5.1 related to Periodic Overlay (Pavement Riding Quality

PAWAN GUPTA,KOTA vs. ITO WARD 1(3) KOTA , KOTA

In the result, the appeal of the assessee is allowed with no orders as to costs

ITA 252/JPR/2024[2012-13]Status: DisposedITAT Jaipur07 Aug 2024AY 2012-13
For Appellant: Shri Rajendra Sisodia AdvFor Respondent: Shri Rajesh Kumar Meena, Addl. CIT-DR
Section 10(38)Section 148Section 68Section 69C

36,700/- resulting into net capital gain of Rs. 48,995/-. The AO on perusal of record\nfurther observed that in the case of a family member of the same assessee, Shri D.C. Maini,\nin the same assessment year, similar exercise has been done, wherein a long-term capital loss\nof Rs. 11,59,066/- had been incurred on account

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

ITA 500/JPR/2023[215-16]Status: DisposedITAT Jaipur21 Feb 2024

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

XII-BA of the Income Tax Act, 1961 deals with special provisions relating to certain non-corporate assesses. Section 115JC therein contains special provisions for Minimum Alternate Tax by non-corporate assesses. Provisions of Section 115JC(2)(i) explicitly stipulates those deductions / exemptions contained in Chapter VIA, Part C (which includes Section 80-IA) will be subjected to Minimum Alternate

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

ITA 496/JPR/2023[2016-17]Status: DisposedITAT Jaipur21 Feb 2024AY 2016-17

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

XII-BA of the Income Tax Act, 1961 deals with special provisions relating to certain non-corporate assesses. Section 115JC therein contains special provisions for Minimum Alternate Tax by non-corporate assesses. Provisions of Section 115JC(2)(i) explicitly stipulates those deductions / exemptions contained in Chapter VIA, Part C (which includes Section 80-IA) will be subjected to Minimum Alternate

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

ITA 489/JPR/2023[2015-16]Status: DisposedITAT Jaipur21 Feb 2024AY 2015-16
For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144B(1)(xvi)Section 80Section 80I

XII-BA of the Income Tax Act, 1961 deals with\nspecial provisions relating to certain non-corporate assesses.\nSection 115JC therein contains special provisions for Minimum\nAlternate Tax by non-corporate assesses. Provisions of Section\n115JC(2)(i) explicitly stipulates those deductions / exemptions\ncontained in Chapter VIA, Part C (which includes Section 80-IA)\nwill be subjected to Minimum Alternate

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT ASSESSMENT CENTRE, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, AJMER, AJMER

ITA 497/JPR/2023[2017-18]Status: DisposedITAT Jaipur21 Feb 2024AY 2017-18
Section 115JSection 143Section 143(3)Section 144B(1)(xvi)Section 80Section 80I

XII-BA of the Income Tax Act, 1961 deals with special provisions relating to certain non-corporate assesses. Section 115JC therein contains special provisions for Minimum Alternate Tax by non-corporate assesses. Provisions of Section 115JC(2)(i) explicitly stipulates those deductions / exemptions contained in Chapter VIA, Part C (which includes Section 80-IA) will be subjected to Minimum Alternate

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

ITA 171/JPR/2020[2011-12]Status: DisposedITAT Jaipur07 Jun 2023AY 2011-12

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

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 143Section 143(3)Section 153ASection 158B

XII) It is therefore humbly submitted that the issue has not been conclusively decided by the Hon'ble Apex Court in the case of Meeta Gugutia (Supra) as relied upon by the Id. AR, otherwise, these SLPs should not have been admitted by the Hon'ble Apex Court. (XIII) In the case of Sunny Jacob Jewellers And Wedding Centre

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

ITA 172/JPR/2020[2012-13]Status: DisposedITAT Jaipur07 Jun 2023AY 2012-13

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

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 143Section 143(3)Section 153ASection 158B

XII) It is therefore humbly submitted that the issue has not been conclusively decided by the Hon'ble Apex Court in the case of Meeta Gugutia (Supra) as relied upon by the Id. AR, otherwise, these SLPs should not have been admitted by the Hon'ble Apex Court. (XIII) In the case of Sunny Jacob Jewellers And Wedding Centre