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

1,261 661 600\nLiterate Population 648 421 227\nIlliterate Population 613 240 373\nConnectivity of Badraitha village\nType Status\n1. Public Bus Service Available within 10+ km distance\n2. Private Bus Service Available within 10+ km distance\n3. Railway Station Available within 10+ km distance\nThat as per Notification No. [SO 9447] (File No. 164/3/87-ITA.I)], dated

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

1 and 2 of the revenue’s appeal is interrelated and interconnected and relates to challenging the order of the ld. CIT(A) in considering the value of 35% land area transferred to developer as Long Term Capital Gain instead of business income of the assessee without appreciating the fact that the assesse has entered into development agreement for real

RAKESH KUMAR JAIN,JAIPUR vs. DCIT,CIRCLE-2, JAIPUR, JAIPUR

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

Bench: Or At The Time Of Hearing Of The Appeal & / Or Modify Any Of The Above Grounds.

56,000. The capital gain came to Rs. 1,40,000. In the 14 RAKESH KUMAR JAIN VS DCIT, CIRCLE-2, JAIPUR original return, the assessee claimed that as he has purchased the immovable property against the consideration received on the sale of house property on April 26, 1991, therefore, no capital gain tax is attracted. Thereafter, he filed

SMT. NIRMALA MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

1. That on the facts and in the circumstances of the case, the ld. CIT(A) is wrong, unjust and has erred in law in confirming finding recorded by the assessing officer that the provisions of Section 56(2)(vii)(b) of the I.t. Act, 1961 are applicable to the purchase of agriculture land(s) situated outside

SHRI YOGESH MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

1. That on the facts and in the circumstances of the case, the ld. CIT(A) is wrong, unjust and has erred in law in confirming finding recorded by the assessing officer that the provisions of Section 56(2)(vii)(b) of the I.t. Act, 1961 are applicable to the purchase of agriculture land(s) situated outside

SMT. KAVITA MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

1. That on the facts and in the circumstances of the case, the ld. CIT(A) is wrong, unjust and has erred in law in confirming finding recorded by the assessing officer that the provisions of Section 56(2)(vii)(b) of the I.t. Act, 1961 are applicable to the purchase of agriculture land(s) situated outside

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.1,51,869/- being the\ndeemed commission for taking the accommodation entry, is consequential to the\nmain issue. Hence, the same is also not sustainable”.\n4. Shri Vivek Agarwal vs. ITO (2017) 292/JP/2017 (ITAT Jaipur) Order

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

In the result the appeal of the assessee is allowed

section 56(2)(vii)(b)\ne) Dy. CIT-5(3)(1) vs. Deepak Shashi Bhusan Roy ITA No.\n3204 &3316/M/2016 dtd. 30/07/2018(Mum.) (Trib.) In order to\ndetermine taxability of capital gain

SAKET AGARWAL,JAIPUR vs. ITO WARD 2(3) JAIPUR, JAIPUR

In the result appeal filed by the assessee is allowed

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

56,611/- Total Rs.3,17,55,786/- 3.5 The Ld. AO made addition of all the sundry creditors as listed herein above in the hands of the assessee on the reason that notices issued u/s 133(6) of the act and summons u/s 131 were issued but were not served to these parties. Since, the assessee could not proof these

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

56,841/- on sale consideration of Rs. 85,99,470/- and claimed deduction u/s 54F amounting to Rs. 74,25,181/-. During the course of examination of assessment record, it is found that the assessee sold agricultural land of Rs. 50,00,000/- and work out long-term capital gain of Rs. 77,42,269/- taking into consideration the value

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

56,070/- (i.e. Rs. 32,76,000/ cost of new house and Rs. 1,63,830/- being registry charges). The disallowance so made and confirmed by the Id. CIT (A), being contrary to the provisions of law and the established facts, kindly be deleted in full. 4. Registry charges not included

DCIT, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. KAMLAPRABHA L/H OF LATE SHRI GOPAL LAL JI GOSWAMI, KOTA

In the result, the appeal of the revenue is dismissed and the Cross objection of the assessee is disposed off in terms of the observation made herein above

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

1. Surprisingly,the contention/stand of the AO here is highly contradictory. If what is contended (i.e. the AO got the seized record on 03.03.2022), is taken to be legally correct, the necessary consequence/implication shall be that the assessment year 2014-15 (and AY 2015-16) shall be completely beyond its jurisdiction u/s. 153A and u/s 153C, which provides that

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)

1 of the Cross appeal :- The ground no.1 is challenging the finding of the ld. AO that the agricultural land sold was situated within 8 KM of Municipal Limits of Jaipur and, therefore, not a capital asset within the meaning of section 2(14) of the I.T. Act, 1961. Accordingly capital gain tax is leviable on compulsory acquisition

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)

1 of the Cross appeal :- The ground no.1 is challenging the finding of the ld. AO that the agricultural land sold was situated within 8 KM of Municipal Limits of Jaipur and, therefore, not a capital asset within the meaning of section 2(14) of the I.T. Act, 1961. Accordingly capital gain tax is leviable on compulsory acquisition

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)

1 of the Cross appeal :- The ground no.1 is challenging the finding of the ld. AO that the agricultural land sold was situated within 8 KM of Municipal Limits of Jaipur and, therefore, not a capital asset within the meaning of section 2(14) of the I.T. Act, 1961. Accordingly capital gain tax is leviable on compulsory acquisition

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)

1 of the Cross appeal :- The ground no.1 is challenging the finding of the ld. AO that the agricultural land sold was situated within 8 KM of Municipal Limits of Jaipur and, therefore, not a capital asset within the meaning of section 2(14) of the I.T. Act, 1961. Accordingly capital gain tax is leviable on compulsory acquisition

ITO, WAR-4(1), JAIPUR vs. SHRI AMIT AGARWAL, JAIPUR

In the result, this appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

capital nature but had changed its character to be of revenue nature, it was treated to be taxable income of the assessee. Thus, the amount of Rs. 1,03,648/- found credited in the books of account of the assessee, the liability to pay back the same had ceased to exist and, therefore, the Tribunal had rightly treated

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)

56,08,94,534/-, made by the Assessing Officer on account of disallowance of interest , u/s 36(1)(iii) of the Act. Club Expenses o6 ITA No. 1090, 1097 TO 1099 & 1091/JPR/2024 Chambal Fertilizers and Chemicals Ltd., Kota Department has also challenged the impugned order whereby Learned CIT(A) deleted addition of Rs. 16,25,226/-, made by the Assessing