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137 results for “depreciation”+ Long Term Capital Gainsclear

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Mumbai1,197Delhi834Bangalore351Chennai333Ahmedabad256Kolkata199Jaipur137Chandigarh91Hyderabad85Pune73Indore58Raipur43Cochin36Visakhapatnam32Karnataka29Lucknow24Cuttack22Surat22Guwahati18Nagpur15SC14Amritsar11Rajkot8Jodhpur7Panaji7Telangana7Agra6Calcutta5Kerala4Varanasi2Himachal Pradesh1Jabalpur1Allahabad1Punjab & Haryana1A.K. SIKRI N.V. RAMANA1Patna1

Key Topics

Section 143(3)95Addition to Income56Section 14740Disallowance38Section 80I34Deduction32Section 14829Section 12A26Section 35A26Section 80

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

Showing 1–20 of 137 · Page 1 of 7

23
Section 26322
Exemption20

long Term 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

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

In the result, appeal of the assessee is allowed

ITA 457/JPR/2019[2014-15]Status: DisposedITAT Jaipur17 Jun 2019AY 2014-15
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri A.K. Rawat (Jt.CIT)
Section 2Section 54Section 54BSection 54F

long-term capital gain but it was to be treated as short-term capital gain. This is the only issue which arises in this case. As stated above, this view of the Department is erroneous for two reasons. Firstly, under section 32(1), no depreciation

ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-2, JAIPUR vs. M/S. ANGEL INFRASTRUCTURE PRIVATE LIMITED, JAIPUR

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

ITA 761/JPR/2018[2009-10]Status: DisposedITAT Jaipur05 Dec 2018AY 2009-10
For Appellant: Shri Gautam Jain &For Respondent: Shri Varinder Mehta
Section 147Section 151

long term capital gain earned during the year. The possibility of arranging the transactions in a way to save the tax would not be a ground to hold that the transaction itself is bogus. If a transaction is valid and permissible under the law the motive of the transaction cannot render it bogus. It may be a case of impermissible

M/S ANGEL INFRASTRUCTURE (P) LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

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

ITA 464/JPR/2018[2009-10]Status: DisposedITAT Jaipur05 Dec 2018AY 2009-10
For Appellant: Shri Gautam Jain &For Respondent: Shri Varinder Mehta
Section 147Section 151

long term capital gain earned during the year. The possibility of arranging the transactions in a way to save the tax would not be a ground to hold that the transaction itself is bogus. If a transaction is valid and permissible under the law the motive of the transaction cannot render it bogus. It may be a case of impermissible

DINESSH KUMAR SHARMA,JAIPUR vs. ITO, WARD4(2), JAIPUR

In the result, appeal of the assessee is allowed

ITA 1393/JPR/2024[2013-14]Status: DisposedITAT Jaipur24 Jun 2025AY 2013-14
For Appellant: Shri Shivangi Chopra, C.AFor Respondent: Shri Gautam Singh Choudhary, JCIT-DR
Section 139(1)Section 143(2)Section 144Section 147Section 148Section 250Section 69A

long term capital gains. In the present case, reopening under section 147 has been done\nwithout linking information received from Investigation Wing of Department to actual facts in\nthe appellant's case.\n\n2. Legal position in this regard-\n\n2.1 In this regard, provisions of section 147 are reproduced hereunder for your ready reference-\n\n\"If the Assessing

KARUNA JAIN,JAIPUR vs. ITO WD 2(1), JPR, JAIPUR

In the result, grounds raised by the assessee are dismissed

ITA 190/JPR/2025[2015-16]Status: DisposedITAT Jaipur30 Apr 2025AY 2015-16

Bench: Shri Gagan Goyal & Shri Narinder Kumar

For Appellant: Mr. Amit Kumar Jain, CA, Ld. ARFor Respondent: Mr. Anup Singh, Addl. CIT, Ld. DR
Section 10(38)Section 133ASection 139(4)Section 250Section 250(6)

long term capital gain of Rs. 66, 94,676/- on account of subscribing the IPO of M/s. HPC Bio Sciences Ltd. and consequently, sale of the same. Of late, Searches have been conducted by the Investigation Wing of the Department at various places throughout the country. During the searches & as per the information made public by the SEBI

PRADEEP VATRANA,ALWAR vs. DCIT, ALWAR

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

ITA 930/JPR/2016[2012-13]Status: DisposedITAT Jaipur27 Feb 2018AY 2012-13
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri P. P. Meena (JCIT)
Section 54

long term capital gain. 7. That during the year under consideration, the appellant had sold 5 plots and got total receipts of Rs. 97,16,600/-. 8. That the AO had considered the income arisen out of the above mentioned sale as business income by treating it as ‘adventure in the nature of trade’. 5.3.2 Now, the moot question

HINDUSTAN SALES INDUSTRIAL CORPORATION,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 94/JPR/2022[2016-17]Status: HeardITAT Jaipur10 Oct 2022AY 2016-17
For Appellant: Shri Rajeev Sogani, CA &For Respondent: Shri Sanjay Dhariwal, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 263

long-term capital gain as claimed by the assessee. The assessee them self-submitted that for one year there was a claim for depreciation

FEDERATION OF RAJASTHAN TRADE AND INDUSTRY,JAIPUR vs. ITO-EXEMPTION WARD-2, JAIPUR

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

ITA 217/JPR/2024[2014-15]Status: DisposedITAT Jaipur04 Oct 2024AY 2014-15

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

For Appellant: Shri Rahul Pandya (Adv.) &For Respondent: Shri Anoop Singh (Addl.CIT) a
Section 127Section 12ASection 142(1)Section 143(2)Section 143(3)Section 250

long term capital gain and also wrongly held that income from capital gain could not be set off from business loss as assessee has filed the return after due date prescribed under the Income Tax Act. 5) That the Commissioner Appeals has grossly erred in holding and sustaining the finding of the Assessing Officer that the assessee has shown business

JAGDISH KUMAR ARORA,BHAWANIMANDI vs. DCIT, CENTRAL CIRCLE- KOTA, KOTA

In the result, the appeal of the assessee is allowed

ITA 1195/JPR/2024[2017-18]Status: DisposedITAT Jaipur11 Feb 2025AY 2017-18

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-Sr. DR
Section 115BSection 143(3)Section 145(3)Section 234ASection 69

long term capital gains—Held, there is not an iota of any cogent material mentioned by Assessing Officer which enabled him to have reached conclusion that this case was a fit case for conversion from limited scrutiny to complete scrutiny—If proposal of Assessing Officer and approval of Pr. Commissioner of Income Tax are examined on anvil of paragraph

LAL CHAND MEENA ,JAIPUR vs. ITO, WARD 7-3, JAIPUR

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

ITA 515/JPR/2015[2008-09]Status: DisposedITAT Jaipur27 Jun 2017AY 2008-09
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri Rajendra Singh (Addl.CIT)
Section 148Section 45(3)Section 50CSection 69C

Long Term Capital Gain of such land to the partner. 7.4 Section 50C states that where the consideration received or accrued as a result of transfer of a land or building or both is less than the value adopted or assessed or assessable for the purpose of Stamp Duty ( Stamp Duty Valuation), then the Stamp Duty Valuation will be deemed

RAM KHILARI MEENA,DAUSA vs. ITO, DAUSA, DAUSA

In the result, the appeal of the assessee is allowed

ITA 1292/JPR/2025[2019-20]Status: DisposedITAT Jaipur28 Oct 2025AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Mukesh Khandelwal, CAFor Respondent: Sh. Gautam Singh Choudhary, Addl. CIT
Section 139Section 147Section 148Section 148ASection 44A

Long Term capital Gain on sale of land and building ignoring the vital fact that no addition had been made on the reason framed for reopening of the case of the appellant. The case of the appellant was reopened on the reasoning of cash deposits in the bank account during the relevant previous year and non filing

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. VIPUL BANKA, SIKAR

In the result, the appeals of the revenue stands dismissed, and the

ITA 291/JPR/2025[2014]Status: DisposedITAT Jaipur08 Jul 2025

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

Long-Term Capital Gains on account of unexplained credits 46 ITA No. 301 and others /JP/2025 & CO No. 2 and others-JP-2025 DCIT vs. Vaibhav Banka and others u/s 68 of the Act based on these observations ground no. 1 raised by the revenue is dismissed. Since we have confirmed the action of the ld. CIT(A) in directing

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. VAIBHAV BANKA, SIKAR

In the result, the appeals of the revenue stands dismissed, and the

ITA 301/JPR/2025[2016]Status: DisposedITAT Jaipur08 Jul 2025

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

Long-Term Capital Gains on account of unexplained credits 46 ITA No. 301 and others /JP/2025 & CO No. 2 and others-JP-2025 DCIT vs. Vaibhav Banka and others u/s 68 of the Act based on these observations ground no. 1 raised by the revenue is dismissed. Since we have confirmed the action of the ld. CIT(A) in directing

MAHAVEER YADAV,JAIPUR vs. ITO, JAIPUR

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

ITA 209/JPR/2017[2011-12]Status: DisposedITAT Jaipur27 Feb 2018AY 2011-12
For Appellant: Shri P.C. Parwal (CA)For Respondent: Smt. Neena Jeph (Addl.CIT)
Section 2(14)

term capital gain on sale of these plots. 2.1 The ld. CIT(A) has erred on facts and in law in not allowing the deduction towards cost of land while confirming the assessment of the income of Rs. 48,98,790/- under the head “Profits and Gains from Business”. 2.2 The Ld. CIT(A) has erred on facts

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. TRILOK DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

ITA 303/JPR/2025[2016]Status: DisposedITAT Jaipur08 Jul 2025

Long-Term Capital Gains on account of unexplained credits\n\n46\nITA No. 301 and others /JP/2025 & CO No. 2 and others-JP-2025\nDCIT vs. Vaibhav Banka and others\n\nu/s 68 of the Act based on these observations ground no. 1 raised by the\nrevenue is dismissed.\n\nSince we have confirmed the action

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SUBHASH CHANDRA BANKA, JAIPUR

In the result, the appeals of the revenue in ITA No

ITA 294/JPR/2025[2016]Status: DisposedITAT Jaipur08 Jul 2025

Long-Term Capital Gains on account of unexplained credits\n46\nITA No. 301 and others /JP/2025 & CO No. 2 and others-JP-2025\nDCIT vs. Vaibhav Banka and others\nu/s 68 of the Act based on these observations ground no. 1 raised by the\nrevenue is dismissed.\nSince we have confirmed the action of the Id. CIT(A) in directing

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

depreciation, interest to partners & remuneration was negative (-) 1,09,19,607/-. This loss was despite crediting a sum to the P&L a/c for sale receipts of land Rs. 2,48,36,735/- on account of excluding which as long term capital gains

PINK CITY ARTS AND CRAFTS,JAIPUR vs. ACIT CIRCLE 7, JAIPUR

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

ITA 428/JPR/2023[2016-17]Status: DisposedITAT Jaipur30 Nov 2023AY 2016-17

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

For Appellant: Shri Harshit Agrawal(C.A.)For Respondent: Smt. Monisha Chaudhary (Addl.CIT)
Section 139(1)Section 139(4)Section 139(5)Section 143(1)Section 143(3)

term capital gain by grossly ignoring the fact that assessee could not commence business activities on such building/shed. Appellant prays that such building/ shed could not be put to use for the purposes of business and accordingly was not eligible for depreciation, thus profit on sale of such building deserves to be assessed as Long

GHODAWAT HOTELS PVT.LTD.,JAIPUR vs. DCIT(HQ), JAIPUR

In the result, both the appeals of the assessee are partly allowed for statistical purposes as indicated above

ITA 886/JPR/2014[2006-07]Status: DisposedITAT Jaipur11 Jan 2017AY 2006-07
For Appellant: Shri Manish Agarwal & O.P. Agrwal, CAFor Respondent: Shri O.P. Bhateja
Section 4(1)Section 48(1)

long term irrevocable lease against the vacation of assessee’s property from its possession has a direct nexus with the property sold during the year and therefore the cost of Rs. 1,01,97,208/- paid by the assessee for the acquisition of new property is the cost of improvement eligible for deduction