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14 results for “capital gains”+ Section 548clear

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Key Topics

Section 14813Section 14712Section 54B11Section 143(3)11Addition to Income10Section 142(1)7Section 546Section 143(2)5Long Term Capital Gains5

GURUVENDRA SINGH ,KOTA vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, KOTA, KOTA

In the result, appeal of the assessee is allowed

ITA 144/JPR/2023[2016-17]Status: DisposedITAT Jaipur07 Dec 2023AY 2016-17

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

For Appellant: Sh. Rohan Sogani (CA)For Respondent: Sh. A. S. Nehra (Addl. CIT) a
Section 142(1)Section 143(2)Section 143(3)Section 548Section 54B

section 54B that assessee earning income from the other lands or not. Based on the above observations the ld. AO did not considered the claim of the assessee u/s. 54B for an amount of Rs. 1,47,42,303/-. 4. Feeling dissatisfied from the above finding recorded for denying the claim u/s. 54B of the Act the assessee carried

Deduction5
Section 1444
Disallowance3

VIRENDRA SINGH BHADAURIA,JAIPUR vs. PR. CIT-3, , JAIPUR

In the result, this appeal of the assessee is allowed

ITA 255/JPR/2020[2015-16]Status: DisposedITAT Jaipur25 Mar 2021AY 2015-16

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 255/Jp/2020 Assessment Year: 2015-16 Virendra Singh Bhadauriya, Cuke Pr.Cit-3, Vs. 71, Mansa Nagar, Shirsi Road, Jaipur. Jaipur-302012. Pan No.: Aaepb 0767 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Ms. Datyani Pandey (Adv) & Shri Rajiv Pandey (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 10/02/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 25/03/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit-3, Jaipur Dated 16/03/2020 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) For The A.Y. 2015-16. The Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case Ld. Pr. Commissioner Of Income Tax-3, Jaipur Erred In:- Ground No.1:- In Holding That The Assessment Order Dt.26.12.2017 Passed U/S 143(3) By Assessing Officer To Be Erroneous In So Far As Is Prejudicial To Interest Of Revenue On Issues Of 2

For Appellant: Ms. Datyani Pandey (Adv) &For Respondent: Shri B.K. Gupta (CIT-DR)
Section 143(3)Section 263Section 54Section 54F

Capital gain chargeable to Tax 6239484 Assessee submits with reference to the proposition and show cause notice is the only limitation on his powers is that he must have some material(s) which would enable him to form a prima facie opinion that the order passed by the Assessing Officer is erroneous in so far as it is prejudicial

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, JAIPUR vs. M/S HANUMAN TUBE WELL CO., JAIPUR

In the result, the appeal of the Revenue as well as assessee are dismissed

ITA 839/JPR/2019[2014-15]Status: DisposedITAT Jaipur13 Feb 2023AY 2014-15

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

For Appellant: Shri S.L. Jain, Adv &For Respondent: Shri Sanjay Dhariwal, CIT-DR fu/kZkfjrh dh vksj ls@
Section 145(3)Section 2(14)Section 45

section 145(3), rejected the books of accounts. In view of the discussion made by the A.O. on the explanation given by the appellant in the assessment proceedings, it is clear that although no specific defects were pointed out by the A.O. in the order, however, certain defects could not have been possibly specified ike non maintenance of site material

MUKESH KUMAR JAJORIYA,JAIPUR, RAJASTHAN vs. ITO WD 2(3), JPR, JAIPUR, RAJASTHAN

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 51/JPR/2024[2012-13]Status: DisposedITAT Jaipur29 Aug 2024AY 2012-13

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

For Appellant: Shri Deepak Sharma (C.A.)For Respondent: Smt. Anoop Singh (Addl.CIT)
Section 143(2)Section 144Section 147Section 2(14)Section 234ASection 54B

548 of the Act, it may be noted that section 54B lays down the following conditions: 1. The transferred capital asset must be land 2. The assessee transferring land must be an individual or HUF 3. In the two years immediately preceding the date of transfer, the land was used by the assess being an individual All his parents were

PHOOL CHAND,JAIPUR vs. ITO, WARD-6(4), JAIPUR, JAIPUR

In the result the appeal of the assessee is partly allowed

ITA 513/JPR/2023[2009-10]Status: DisposedITAT Jaipur19 Oct 2023AY 2009-10

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

For Appellant: Sh. P. C. Parwal (CA)For Respondent: Smt. Monisha Chaudhary (Addl. CIT)
Section 133(6)Section 139Section 142(1)Section 147Section 148Section 54

capital gain and income from other sources. Against the sale of property at Rs. 17,00,000/- the assessee has claimed indexed cost at Rs. 16,95,170/- and offered gain of Rs. 4,830/-. In the return the assessee the assessee has claimed expenditure on construction for an amount of Rs. 8,15,160/- against which 6 Phool Chand

LALA RAM BAGRA,JAIPUR vs. ITO, JAIPUR

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

ITA 1327/JPR/2024[2010-11]Status: DisposedITAT Jaipur28 Mar 2025AY 2010-11

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

For Appellant: NoneFor Respondent: Sh. Gautam Singh Choudhary, Addl. CIT a
Section 142(1)Section 144Section 148Section 234ASection 50CSection 548Section 54F

Capital Gain of Rs. 39,12,888/- against his 1/4" share in the said land 5. The CIT-(A) has erred in approving the AO's order in which cost of acquisition as on 01.04.1981 was not taken correctly and credit for cost of improvement was not given. 6. The CIT-(A) has erred in approving the AO's order

PINK CITY JEWEL HOUSE PRIVATE LIMITED ,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), JAIPUR

ITA 598/JPR/2024[2018-2019]Status: DisposedITAT Jaipur26 Dec 2024AY 2018-2019
For Appellant: Sh. Siddharth Ranka, AdvFor Respondent: \nSh. Saurav Harsh, Adv.&
Section 142(1)Section 143(2)Section 144oSection 14ASection 263Section 69

548-555] alongwith relevant supporting\ndocuments.\n1.21. That the Id. PCIT vide its order dated 30.03.2024 passed u/s. 263 has\npartly accepted the submission of the assessee appellant to the extent of non-\napplicability of provisions of section 40(a)(ia) and disallowance u/s. 36(1)(va) for\ndelay in deposit of ESI/PF, however, has held that the assessment order

RAKESH KUMAR AGARWAL,JAIPUR vs. INCOME TAX OFFICER, WARD 4(4), JAIPUR, JAIPUR

In the result, the appeal filed by the assessee is allowed

ITA 330/JPR/2022[2012-2013]Status: DisposedITAT Jaipur06 Mar 2023AY 2012-2013

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

For Appellant: Shri Vishal Gupta (C.A.)For Respondent: Smt Monisha Choudhary (Addl. CIT) a
Section 133(6)Section 147Section 148Section 217BSection 271B

548/- in Future and Options (F&O) totaling to Rs. 40,22,115/- under the head income from business and profession. The report reveals total turnover of Rs. 1,59,27,862/- which is the total of Mark to Mark (MTM) value irrespective of minus or plus. Thus, ld. AO observed that the assessee is required to keep and maintain

SH. MUKUT BEHARI AGARWAL,JAIPUR vs. THE DCIT, CIRCLE 1, JAIPUR

In the result, the appeals of the assessee is allowed as indicated hereinabove

ITA 1067/JPR/2024[2015-2016]Status: DisposedITAT Jaipur28 Nov 2024AY 2015-2016

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

For Appellant: Shri Tarun Mittal, CAFor Respondent: Ms. Alka Gautam CIT-DR
Section 143(3)Section 144BSection 147Section 148Section 149Section 69A

capital and earning fictitious profits and so called 'belief' formed by Assessing Officer towards escapement of chargeable income was without availability of relevant or tangible material and merely following opinion expressed by investigation wing, reassessment was bad in law and hence liable to be quashed. Thus from perusal of these judicial precedent cited, it could be concluded that the initiation

SMT. PRIYANKA AGARWAL,JAIPUR vs. ITO, WARD-1(5), JAIPUR

ITA 214/JPR/2020[2009-10]Status: DisposedITAT Jaipur24 May 2021AY 2009-10

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 214/Jp/2020 Fu/Kzkj.K O"Kz@Assessment Year :2009-10 Smt. Priyanka Agarwal, Cuke I.T.O., Vs. D/O- Late Sh. Tulsi Das Agarwal, Ward-1(5), 2000, Khejaro Ka Rasta, Third Jaipur Crossing Shop, Topkhana, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aikpa 7142 B Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Shravan Kr. Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By: Smt. Runi Pal (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 06/04/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 24/05/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-I, Jaipur Dated 26/06/2019 For The A.Y. 2009-10. The Grounds Taken By The Assessee Are As Under:

For Appellant: Shri Shravan Kr. Gupta (Adv)For Respondent: Smt. Runi Pal (Addl.CIT)
Section 143(3)Section 147Section 234

Capital Gain (LTCG) of Rs. 5,17,894/- as against Nil (-1119) and made the addition of Rs. 5,17,894/- on account of LTCG. Hence the addition so made or LTCG assessed by the ld. AO and confirmed by the ld. CIT(A) is being totally contrary to the provisions of law and facts on the record and hence

SHRI SALASAR BALAJI DEVELOPERS PVT. LTD,JAIPUR vs. INCOME TAX OFFICER, WARD 2(2), JAIPUR

In the result, the appeal of the assessee is allowed

ITA 1186/JPR/2024[2012-13]Status: DisposedITAT Jaipur02 Apr 2025AY 2012-13
For Appellant: Mr. Saurav Harsh, Adv., Ld. ARFor Respondent: Mr. Manoj Kumar, JCIT, Ld. DR
Section 132Section 143(3)Section 148Section 250Section 68Section 69C

capital of assessee along with the copy of Board resolution allowing the applicant company\nin this regard and ITR are enclosed. It is further submitted that the transaction was carried out through payee's\naccount cheque and the shares allotted have duly been intimated to the ROC as per the law prevailing. Further there\nare no transactions entered into

PROFESSIONAL AUTOMOTIVES PRIVATE LIMITED,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result the appeal of the assessee in ITA no

ITA 812/JPR/2025[2016-17]Status: DisposedITAT Jaipur23 Jul 2025AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील /ITA Nos.809 to 815/JP/2025 निर्धारण वर्ष /Assessment Years :2013-14 to 2019-20 Professional Automotives Pvt. बनाम ACIT, Ltd. Bahu Plaza, Bahu Plaza, Jammu Vs. Central Circle- 1, and Kashmir Jaipur स्थायी लेखा सं./जी.आई.आर. सं./PAN/GIR No.:AAACP9608E अपीलार्थी/Appellant प्र]त्यर्थी/Respondent निर्धारिती की ओर से / Assessee by :Shri Tarun Mittal, CA राजस्व की ओर से /Revenue by: Shri Ajey Malik, CIT (Th. V.C)

For Appellant: Shri Tarun Mittal, CAFor Respondent: Shri Ajey Malik, CIT (Th. V.C)
Section 143(3)Section 37(1)

Section 194 and 200 were challenged. It was noted in P. RatnakarRao and others V. Govt. Of A.P. and others (1996 (5) SCC 359) that the discretion given under Section 200(1) to the State Government to prescribe maximum rates for compounding the offence is not unguided, uncanalised and arbitrary. It was, inter alia, held as follows: ……………….. ………………. It is indisputable

COTTAGE HANDICRAFT TEXTILE EMPORIUM,JAIPUR vs. DCIT,CENTRAL CIRCLE-1, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 183/JPR/2025[2018-19]Status: DisposedITAT Jaipur20 May 2025AY 2018-19

Bench: The Hearing Of The Appeal.

For Appellant: Sh. Tanuj Agrawal, AdvFor Respondent: Mrs. Swapnil Parihar, JCIT
Section 133ASection 139Section 143(2)Section 143(3)

capital, hiring of place (show room), employees, furniture and other infrastructure etc. The Id. AO has further noted that the submission of the assessee that they have 100% billing and maintain day to day stock is not acceptable. During the course of assessment proceedings open market enquiry was conducted, and it is found that the assessee is selling articles without

JYPORE MANUFACTURING JEWELLERS PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 432/JPR/2025[2018-19]Status: DisposedITAT Jaipur25 Jun 2025AY 2018-19
For Appellant: Sh. S. L. Poddar, AdvFor Respondent: Mrs. Alka Gautam, CIT-DR
Section 127Section 133ASection 142(1)Section 143(2)

548\n58218.210\ngms\n16,59,21,898\n18 Kt. Gold\njewellery\n15990.600 gms\n7,11,25,495\n13957.684\ngms\n3,26,60,745\nIn the 18 Kt. Gold jewellery, there is extensive use of diamonds which forms part\nof gross weight and valuation of gross jewellery.\n22 Kt. Gold Jewellery: Issue of jewellery released by Income Tax Department-\nThe appellant