KIRAN YADAV,JAIPUR vs. INCOME TAX OFFICER, WARD-1(3), JAIPUR, JAIPUR

In the result, the appeal of the assessee is partly allowed

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

Capital Gain at Rs.3,67,682/-(as per enclosed Computation Sheet) as against Rs.2,67,280/- (declared in the Return originally filed on 30.4.2021) after claiming Indexed Cost of Plot at Rs.2,06,624/-, Development Cost on construction of Boundary Wall of Rs. 5,35,799/-, 6 KIRAN YADAV VS ITO, WARED 1(3), JAIPUR Indexed Cost of MittiBharai

SHRI DHARMENDRA KUMAR PAREEK,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

capital gain, the assessee claimed deduction under section 54 of the IT Act at Rs. 68,41,728/- as well as deduction under section 54B at Rs. 42,56,250/-. The AO observed that the assessee has sold the agricultural land whereas the deduction under section 54 is allowable on sale of residential house. The AO further noted that

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

In the result, the appeal of the assessee is allowed

91 springs into effect. We are also of the view that upon such declaration being made, tax arrears being determined, paid and certificate issued under the KVSS, there is no jurisdiction for the Assessing Officer to reopen the assessment by a notice under Section 143 of the Act except where the case falls under the provisio (2) of sub-section

ACIT,CC-4, JAIPUR vs. SHRI RAMESH KUMAR MANTRI, JAIPUR

In the result appeals of the revenue are dismissed and the cross

capital gain in the hand of Shri Rajendra Agarwal, no other incriminating material either found or referred or is the basis of the addition mode by the AO while framing the assessment under section 153A of the Act for the assessment years 2010-11 to 13-14. It is appropriate to refer relevant part of the assessment order in para

ACIT, CC-4, JAIPUR vs. SHRI MUKESH JAIN, JAIPUR

In the result appeals of the revenue are dismissed and the cross

capital gain in the hand of Shri Rajendra Agarwal, no other incriminating material either found or referred or is the basis of the addition mode by the AO while framing the assessment under section 153A of the Act for the assessment years 2010-11 to 13-14. It is appropriate to refer relevant part of the assessment order in para

ACIT, CC-4, JAIPUR vs. SHRI MUKUT BEHARI AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

capital gain in the hand of Shri Rajendra Agarwal, no other incriminating material either found or referred or is the basis of the addition mode by the AO while framing the assessment under section 153A of the Act for the assessment years 2010-11 to 13-14. It is appropriate to refer relevant part of the assessment order in para

ACIT,CC-4, JAIPUR vs. SHRI RAMESH KUMAR MANTRI, JAIPUR

In the result appeals of the revenue are dismissed and the cross

capital gain in the hand of Shri Rajendra Agarwal, no other incriminating material either found or referred or is the basis of the addition mode by the AO while framing the assessment under section 153A of the Act for the assessment years 2010-11 to 13-14. It is appropriate to refer relevant part of the assessment order in para

ACIT, CC-4, JAIPUR vs. SHRI MUKUT BEHARI AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

capital gain in the hand of Shri Rajendra Agarwal, no other incriminating material either found or referred or is the basis of the addition mode by the AO while framing the assessment under section 153A of the Act for the assessment years 2010-11 to 13-14. It is appropriate to refer relevant part of the assessment order in para

ACIT, CC-4, JAIPUR vs. SMT. SANGEETA MANTRI, JAIPUR

In the result appeals of the revenue are dismissed and the cross

capital gain in the hand of Shri Rajendra Agarwal, no other incriminating material either found or referred or is the basis of the addition mode by the AO while framing the assessment under section 153A of the Act for the assessment years 2010-11 to 13-14. It is appropriate to refer relevant part of the assessment order in para

ACIT, CC-4, JAIPUR vs. SMT. SUNITA AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

capital gain in the hand of Shri Rajendra Agarwal, no other incriminating material either found or referred or is the basis of the addition mode by the AO while framing the assessment under section 153A of the Act for the assessment years 2010-11 to 13-14. It is appropriate to refer relevant part of the assessment order in para

ACIT, CC-4, JAIPUR vs. SMT. ASHA JAIN, JAIPUR

In the result appeals of the revenue are dismissed and the cross

capital gain in the hand of Shri Rajendra Agarwal, no other incriminating material either found or referred or is the basis of the addition mode by the AO while framing the assessment under section 153A of the Act for the assessment years 2010-11 to 13-14. It is appropriate to refer relevant part of the assessment order in para

ACIT, CC-4, JAIPUR vs. SHRI MUKESH JAIN, JAIPUR

In the result appeals of the revenue are dismissed and the cross

capital gain in the hand of Shri Rajendra Agarwal, no other incriminating material either found or referred or is the basis of the addition mode by the AO while framing the assessment under section 153A of the Act for the assessment years 2010-11 to 13-14. It is appropriate to refer relevant part of the assessment order in para

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)

91,92,69,355/-. Short term capital gain on sale of Mutual funds and Bonds was to the tune of Rs. 28,84,93,970/-. In this regard, the Assessing Officer reproduce the relevant figure in the following table:- S. No. Particulars Amount in Rs. 1. Short term capital loss

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)

91,92,69,355/-. Short term capital gain on sale of Mutual funds and Bonds was to the tune of Rs. 28,84,93,970/-. In this regard, the Assessing Officer reproduce the relevant figure in the following table:- S. No. Particulars Amount in Rs. 1. Short term capital loss

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)

91,92,69,355/-. Short term capital gain on sale of Mutual funds and Bonds was to the tune of Rs. 28,84,93,970/-. In this regard, the Assessing Officer reproduce the relevant figure in the following table:- S. No. Particulars Amount in Rs. 1. Short term capital loss

BITTHAL DAS PARWAL,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3 , JAIPUR

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

Bench: Him. 2. In This Appeal, The Assessee Has Raised The Following Grounds: -

section 10(38) of the Act was made. The income which has been offered by the appellant in the ITR also pertains to the capital gain. Thus there was naturally apprehension in the mind of the appellant that there will be enquiry into the issue of capital gains and thus the capital gain which was neither disclosed in the original

SHIVA CORPORATION (INDIA) LIMITED,JAIPUR vs. DY. CIT, CC-3, JAIPUR

In the result, appeal of the assessee stands allowed

section 2(14) are not outside the purview of the\ndefinition of the capital asset and thus the gain on the sale of the same is\nchargeable to tax.\nFROM DELT\n99 DT. 24-7-99\nER KUMAR\nVAN\nDECLA\nETTE\nADON NO\n1\nT. & C.\nSENIOR TOWN PLANNER\nPAN CHIULA\nCHIEP COORDINATOR PLANNER DIRECTOR T&C PLANNING\nNCRPANG-KULA

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 gains under this anti-avoidance provision. In our humble understanding, it is a case of a curative amendment to take care of unintended consequences of the scheme of Section 50C. It makes perfect sense, and truly reflects a very pragmatic approach full of compassion and fairness, that just because there is a small variation between the stated sale consideration

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 gains under this anti-avoidance provision. In our humble understanding, it is a case of a curative amendment to take care of unintended consequences of the scheme of Section 50C. It makes perfect sense, and truly reflects a very pragmatic approach full of compassion and fairness, that just because there is a small variation between the stated sale consideration