DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR vs. SHRI RAVINDRA MITTAL, JAIPUR

In the result, appeal of the Revenue is dismissed and the cross objection of the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 823/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2012-13 D.C.I.T., Cuke Shri Ravindra Mittal, Vs. Circle-6, 804, Akshat Niley Apartment, Jaipur. Hawa Sarak, Civil Lines, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aexpm 9057 N Vihykfkhz@Appellant Izr;Fkhz@Respondent

3,27,25,257/- without any deduction of cost which is wrong. The Assessing officer is therefore directed to consider the sale value under the head capital gain and work out proportionate long term capital gain in respect of land and 10 ITA 823/JP/2019 & CO 29/JP/2019_ DCIT Vs Ravindra Mittal short term capital gain in respect of construction after allowing

LAL CHAND MEENA,JAIPUR vs. ITO WD 5(2), JAIPUR

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

3 & 4:- The appellant has claimed that the deeming of provision of section 50C has a limited scope only to the extent of and for the purpose of section 48. It is further claimed that the process of arriving at Capital Gains

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

50C are applicable in respect of the capital gain assessable in the hands of a trust. So far as the exemption available to the Trust in respect of the Capital gain arising from sale of capital asset being property held under Trust, section 11(1A) of the IT Act contemplates the treatment of such income is applicable which reads

INCOME TAX OFFICER, WARD-1-5, JAIPUR vs. SHRI BANWARI LAL SHARMA, JAIPUR

In the result, both the appeals filed by the assessee and Revenue are disposed off in light of aforesaid directions

capital gain at Rs. 6,34,62,356/- was made in the hands of the assessee on protective basis by invoking the provisions of section 50C of the Income Tax Act, 1961. On the other hand, in the case of purchasers i.e. Sh. Vivek Gupta and Sh. Ashish Gupta, assessments were completed u/s 147 / 143(3

SHRI BANWARI LAL SHARMA,JAIPUR vs. INCOME TAX OFFICER, WARD-1-5, JAIPUR

In the result, both the appeals filed by the assessee and Revenue are disposed off in light of aforesaid directions

capital gain at Rs. 6,34,62,356/- was made in the hands of the assessee on protective basis by invoking the provisions of section 50C of the Income Tax Act, 1961. On the other hand, in the case of purchasers i.e. Sh. Vivek Gupta and Sh. Ashish Gupta, assessments were completed u/s 147 / 143(3

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

50C and 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

NANAG RAM MEENA,JAIPUR vs. ITO WARD 6(4), JAIPUR

In the result, the appeal of the assesee is partly allowed as indicated\nhereinabove

capital gain is computed by taking the\nvalue adopted by the stamp registration authority – Hence, the assessee is entitled for\nexemption under s.54F.”\nThe Hon'ble ITAT, Jaipur in the case of Nand Lal Sharma, Kota Vs. ITO ITA No.\n413/JP/2012 (Copy enclosed) held that Section 50C is deeming fiction by which\nstamp duty value of the asset sold

SIYARAM EXPORTS INDIA PVT. LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

capital gain on sale of property - Assessee made a claim before Assessing Officer that value adopted or assessed by stamp valuation authority was higher than fair market value - Value adopted by stamp valuation authority had not ever been disputed by assessee in any appeal or revision or otherwise to any other authority or Court as referred to in section 50C

SIYARAM EXPORTS INDIA PRIVATE LIMITED,JAIPUR vs. ITO WARD 6(4), JAIPUR, JAIPUR

capital gain on sale of property - Assessee made a claim before Assessing Officer that value adopted or assessed by stamp valuation authority was higher than fair market value - Value adopted by stamp valuation authority had not ever been disputed by assessee in any appeal or revision or otherwise to any other authority or Court as referred to in section 50C

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

capital gain on sale of property - Assessee made a claim before Assessing Officer that value adopted or assessed by stamp valuation authority was higher than fair market value - Value adopted by stamp valuation authority had not ever been disputed by assessee in any appeal or revision or otherwise to any other authority or Court as referred to in section 50C

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

capital gain on sale of property - Assessee made a claim before\nAssessing Officer that value adopted or assessed by stamp valuation authority\nwas higher than fair market value - Value adopted by stamp valuation authority\nhad not ever been disputed by assessee in any appeal or revision or otherwise to\nany other authority or Court as referred to in section 50C

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

Capital gains - Special\nprovision for computation of full value of consideration in certain cases [Reference\nto Valuation Officer] - Assessment year 2009-10 - Assessee earned short term\ncapital gain on sale of property - Assessee made a claim before Assessing Officer\nthat value adopted or assessed by stamp valuation authority was higher than fair\nmarket value - Value adopted by stamp valuation authority

SIYARAM EXPORTS INDIA PRIVATE LIMITED,JAIPUR vs. ITO WARD 6(4), JAIPUR, JAIPUR

Capital gains - Special\nprovision for computation of full value of consideration in certain cases [Reference\nto Valuation Officer] - Assessment year 2009-10 - Assessee earned short term\ncapital gain on sale of property - Assessee made a claim before Assessing Officer\nthat value adopted or assessed by stamp valuation authority was higher than fair\nmarket value - Value adopted by stamp valuation authority

SHRI MANOJ KUMAR,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

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

3) of section 50C, if the value ascertained as mentioned in sub-section (2) exceeds the value adopted, assessed or assessable by the stamp valuation authority, such valuation of the authority would prevail, in other words, for the purpose of capital gains

METAL EXTRUSION INDIA LTD,JAIPUR vs. ADDITIONAL COMMISSIONER OF INCOME TAX, CIRCLE-1, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: : Shri Vijay Pal Raovk;Dj Vihy La-@Ita No.163/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year : 2015-16 Cuke M/S. Metal Extrusion India Ltd. The Addl. Cit Vs. 36A, Suraj Nagar East, Civil Lines Circle – 1 Jaipur Jaipur Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aafcm 3410 Q Vihykfkhz@Appellant Izr;Fkhz@Respondent

capital gains will be recomputed. With these directions, the matter stands restored to the file of the Assessing Officer for adjudication de novo, after giving an opportunity of hearing to the assessee and by way of a speaking order. I order so. 10. As I part with the matter, I may make one more observation. The amendment in Section 50C

RAMAKANT SHARMA,JAIPUR vs. ITO, 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. 264/Jp/2017 Assessment Year: 2007-08 Shri Ramakant Sharma, Cuke I.T.O., Vs. S/O- Shri Ramesh Chand Sharma, 1 Ward-3(5), Vimal Kunaj, Vidyut Nagar, Behind Jaipur. Bharat Petrol Pump, Jaipur. Pan No.: Bjrps 5130 A Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Vedant Agarwal (Adv) & Shri Satish Gupta (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 26/11/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 07/12/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 05/12/2016 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. On The Facts & Circumstances Of The Case & In Law Also Ld. Lower Authorities Grossly Erred In Initiating Reassessment Proceedings U/S 147 Of The Act. 2. On The Facts & Circumstances Of The Case & In Law Also Ld. A.O. Grossly Erred In Resuming Jurisdiction Without Serving Notice U/S 148 On The Appellant Assessee As Notice Issued U/S 148 Was Not Served On The Appellant.

section 50C on the alleged transactions as the said provisions are not applicable on the facts of the case of the assessee. Moreover, no opportunity u/s 50C(2) was given to assessee as the alleged property was under the dispute and taking of market value was necessary and lawful. Moreover assessee was having only khatedari rights and not the ownership

SHRI RAM NARAIN YADAV,JAIPUR vs. INCOME TAX OFFICER, WARD-3-2, JAIPUR

In the result, both the appeals of the assessee are partly allowed for

section 50C, indexation cost of acquisition and long term capital gain on each of the transactions constituted a tangible material for the AO to form the belief that income assessable to tax in the long term capital gain has escaped assessment. At the time of formation of belief that income assessable to tax has escaped assessment

SHRI RAM NARAIN YADAV,JAIPUR vs. INCOME TAX OFFICER, WARD-3-2, JAIPUR

In the result, both the appeals of the assessee are partly allowed for

section 50C, indexation cost of acquisition and long term capital gain on each of the transactions constituted a tangible material for the AO to form the belief that income assessable to tax in the long term capital gain has escaped assessment. At the time of formation of belief that income assessable to tax has escaped assessment