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

section 68 of the IT act by treating the Long Term Capital Gain on sale of\nshares as unexplained cash credit. The addition of Rs.1,51

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

51,660/-, which inter alia included capital gain earned by the assessee and claimed deduction u/s 54F. During the course of assessment, the A.O. made following additions: Long Term Capital Gain Rs. 5,75,691.00 (by disallowing deduction u/s 54F) Cash deposits in bank account alleged Rs.11,38,750.00 3 ITA 49/JP/2018_ Gulab Chand Meena Vs. ACIT(OSD) as unexplained

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)

capital gain. On the other hand, the assessee has brought all the relevant material to substantiate its claim that transactions of the purchase and sale of shares are genuine. Even otherwise the holding of the shares by the assessee at the time of allotment subsequent to the amalgamation/ merger is not in doubt, therefore, the transaction cannot be held

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 asset within the meaning of section 2(14) of the I.T. Act, 1961. Accordingly capital gain tax is leviable on compulsory acquisition of the land. In this connection it is submitted that the above said finding of the ld. AO was based on the enquiries made from the Tehsildar, Sanganer vide his letter dated 14.11.2019 and 15.11.2019 and also

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 asset within the meaning of section 2(14) of the I.T. Act, 1961. Accordingly capital gain tax is leviable on compulsory acquisition of the land. In this connection it is submitted that the above said finding of the ld. AO was based on the enquiries made from the Tehsildar, Sanganer vide his letter dated 14.11.2019 and 15.11.2019 and also

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 asset within the meaning of section 2(14) of the I.T. Act, 1961. Accordingly capital gain tax is leviable on compulsory acquisition of the land. In this connection it is submitted that the above said finding of the ld. AO was based on the enquiries made from the Tehsildar, Sanganer vide his letter dated 14.11.2019 and 15.11.2019 and also

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 asset within the meaning of section 2(14) of the I.T. Act, 1961. Accordingly capital gain tax is leviable on compulsory acquisition of the land. In this connection it is submitted that the above said finding of the ld. AO was based on the enquiries made from the Tehsildar, Sanganer vide his letter dated 14.11.2019 and 15.11.2019 and also

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

In the result, the appeal of the assessee is allowed

section 68 of the IT Act by treating the Long Term Capital Gain on sale of shares as unexplained cash credit. The addition of Rs. 1,51

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

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

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

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

51,450/-.The\ncase was reopened and notice u/s 148 was issued on 29.09.2016. Details and\ninformation sought by AO were furnished and the assessment was finalized u/s\n143(3) r.w.s. 147, on 29.12.2017 assessing an income of Rs.18,68,630/-, thereby\ncreating a demand of Rs.4,91,810/-, after making addition u/s 68 to the tune

JUHI BHANDARI, JAIPUR,JAIPUR vs. DCIT CIRCLE (INTL TAX), JAIPUR, JAIPUR

In the result, both appeals of the assessee are allowed

51,290/- was paid by\nSmt. Juhi Bhandari as per following details:\n1) Sharad kumar Bhandari\nPayment Date\nAmount\nPayment mode\n23/01/2013\n2,164,890.00 Chq. No. 683921 from SBBJ A/c No. 51052155499\n22/03/2013\n1,051,518.00 Chq. No. 683923 from SBBJ A/c No. 51052155499\n26/12/2013\n539,282.00 RTGS / SBBJH13360303191 from SBBJ Capital Gain A/c No. 61187164085\n08/07/2014\n539

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)

gain or loss would be payable by the shareholders of the Company. 3. The CFCL holds majority equity in CVL and became direct subsidiary. Therefore, it may be inferred that assessee Company has planned for tax avoidance by merging its two subsidiaries. Third party is not involved in these transactions. Assessee Company was having share holding of 72.27% in CFCL

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)

gain or loss would be payable by the shareholders of the Company. 3. The CFCL holds majority equity in CVL and became direct subsidiary. Therefore, it may be inferred that assessee Company has planned for tax avoidance by merging its two subsidiaries. Third party is not involved in these transactions. Assessee Company was having share holding of 72.27% in CFCL

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)

gain or loss would be payable by the shareholders of the Company. 3. The CFCL holds majority equity in CVL and became direct subsidiary. Therefore, it may be inferred that assessee Company has planned for tax avoidance by merging its two subsidiaries. Third party is not involved in these transactions. Assessee Company was having share holding of 72.27% in CFCL

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 tax, it was duty of the assessee as an agent and representative assessee of the seller which assessee failed to make payment of tax.” which in effect, demonstrate consistent application of and in continuation of the earlier orders passed in the capacity of the representative assessee. Further, as rightly pointed out by the ld CIT(A), mere mentioning

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 tax, it was duty of the assessee as an agent and representative assessee of the seller which assessee failed to make payment of tax.” which in effect, demonstrate consistent application of and in continuation of the earlier orders passed in the capacity of the representative assessee. Further, as rightly pointed out by the ld CIT(A), mere mentioning

INCOME TAX OFFICER, JAIPUR vs. RENU AGARWAL, JAIPUR

In the result, appeal of the Revenue is dismissed

51,429/- as Short Term Capital Gain (with STT) & Rs.1,30,266/- as Short Term Capital Loss (without STT), and after adjusting Short Term Capital Gain becomes to Rs.2,21,163/-. From the details of stock summary of quoted shares from 01/04/2014 to 31/03/2015, it is seen that assessee has made transactions of shares in the scrip of EINS EDUTECH

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

section under which the order is\npassed\n2014-15\n1125/JPR/2024\n12.08.2024\n30.12.2019\n153A r.w.s 153B/143(3)\n2015-16\n1126/JPR/2024\n12.08.2024\n30.12.2019\n153A r.w.s 153B/143(3)\n2016-17\n1127/JPR/2024\n12.08.2024\n30.12.2019\n153A r.w.s 153B/143(3)\n2017-18\n1128/JPR/2024\n12.08.2024\n30.12.2019\n153A r.w.s 153B/143(3)\n2014-15\n1120/JPR/2024\n09.08.2024\n30.12.2019\n153A r.w.s 153B/143(3)\n2015-16\n1122/JPR/2024\n09.08.2024\n30.12.2019\n153A r.w.s 153B/143