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880 results for “disallowance”+ Section 10(38)clear

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Key Topics

Section 36(1)(va)78Addition to Income75Section 26372Disallowance53Section 143(3)47Deduction35Section 43B33Section 143(1)30Section 14829Section 139(1)

RAJASTHAN STATE TEXT BOOK BOARD,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION)-CIRCLE, JAIPUR

In the result, both the appeals of the assessee are allowed

ITA 252/JPR/2019[2013-14]Status: DisposedITAT Jaipur10 Apr 2019AY 2013-14

Bench: Or At The Time Of Hearing.”

For Appellant: Shri Vinod Gupta (C.A.)For Respondent: Shri Varinder Mehta (CIT)
Section 10Section 10(22)Section 143(3)

disallowed by the Assessing Officer is confirmed and the Assessing Officer rightly completed assessment by treating the appellant as AOP and the surplus of Rs. 40,00,21,090/- is rightly taxed by the Assessing officer. These grounds are not allowed.” Therefore, as far as the finding of the ld. CIT(A) that the assessee is not existing solely

INCOME TAX OFFICER, WARD-2-3, JAIPUR vs. SHRI GAURAV BAGARIA, JAIPUR

Showing 1–20 of 880 · Page 1 of 44

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26
Section 153A26
Exemption16
ITA 550/JPR/2019[2014-15]Status: DisposedITAT Jaipur10 Jul 2019AY 2014-15
For Appellant: Shri PC Parwal (CA)For Respondent: Shri KC Meena (Addl. CIT)
Section 10(38)Section 131Section 68

section 10(38) of the IT Act. Though the assessee has purported to have received the sale consideration on sale of shares, however, in reality it was his own cash which he received back through some clandestine deals. The AO has referred to the report of the SIT as well as the statement of Shri Sunil Dokania recorded

TIJARIA POLYPIPES LIMITED,JAIPUR vs. DCIT CIRLCE 4, JAIPUR

ITA 616/JPR/2024[2013-14]Status: DisposedITAT Jaipur30 Jan 2025AY 2013-14
For Appellant: Shri Tarun Mittal, CAFor Respondent: Shri Anoop Singh, Addl.CIT-DR
Section 143(3)Section 147Section 148Section 68

disallowance of Rs.5,12,198/- was\nmade u/s 14A of I.T. Act, 1961. Subsequently considering information received by\nId. AO from ITO (Inv.), Unit-1 and AIU, Kolkata, the assessment was reopened by\nissue of notice u/s 148 dated 18.03.2019, in response to which the assessee filed\nreturn of income and requested for supply of reasons recorded, which were\nprovided

ALOK KUMAR JAIN ,PEARL PLEASURE vs. ACIT CIR-6, JAIPUR, NEW CERNTRAL REVENUE BUILDING, BHAGWAN DASS ROAD, JAIPUR, RAJASTHAN,

ITA 1191/JPR/2024[2016-17]Status: DisposedITAT Jaipur24 Mar 2025AY 2016-17

Bench: Him.

For Appellant: Sh. Prakul Khurana, Adv. &For Respondent: Mrs. Anita Rinesh, JCIT-Sr. DR
Section 10(38)Section 147Section 148Section 250Section 68Section 69A

section 148A(c) of the Act and thereby the notice u/s. 148 of the Act was issued to the assessee on 26.07.2022. The assessee also challenged issue notice u/s. 148 of the Act before the Jurisdictional High Court. As the High Court did not grant any stay or passed on the order the ld. AO proceeded by making the assessment

CAREER POINT LIMITED,KOTA, RAJASTHAN vs. PRINCIPAL COMMISSIONER OF INCOME TAX, UDAIPUR, RAJASTHAN

In the result, the appeal of the assessee is allowed

ITA 242/JPR/2023[2018-19]Status: DisposedITAT Jaipur22 Aug 2023AY 2018-19

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Vijay Goyal, CA &For Respondent: Shri Ajey Malik (CIT)
Section 143(2)Section 143(3)Section 14ASection 263

disallowance of Rs. 2,21,70,790/- against the indirect expenses under rule 8D (2)(ii). The assessee earned the exempt income of Rs. 62,529/- of long term capital gains under Section 10(38

SHRI RUPAL JAIAN,JAIPUR vs. ITO, WARD-1(2), JAIPUR

In the result, appeal of the assessee is dismissed

ITA 209/JPR/2020[2014-15]Status: DisposedITAT Jaipur04 Apr 2023AY 2014-15

Bench: The Date Of Appeal.

For Appellant: Shri Saurabh Harsh, AdvocateFor Respondent: Shri Anoop Singh, (Addl. CIT)
Section 10(38)Section 133ASection 142(1)Section 143(2)Section 68

section 10(38) of the Act. 6 Smt. Rupal Jain, Jaipur. 4. Before us, the ld. A/R for the assessee submitted as under : “ i. That assessee appellant is an Individual and regularly filing his Income tax Return. ii. That during the year under consideration assessee had sold the shares of Rs 25,20,930/- of Sunrise Asian Limited Invested

M/S. CHAMBAL FERTILIZERS AND CHEMICALS LIMITED,KOTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA

In the result, appeal of the revenue is dismissed

ITA 744/JPR/2018[2014-15]Status: DisposedITAT Jaipur13 May 2022AY 2014-15
For Appellant: Shri Percy PardiwallaFor Respondent: Shri Sanjay Dhariwal (CIT)
Section 40A(2)(b)

section 36(1)(iii) of the Act as under:- S. MF Investment Redemption Dividend Interest No Days Income Disallowed In INR Date In INR Date 1 Birla Sunlife 50,000,000 23-Jun-11 50,000,000 28-Jun-11 44,587.39 5 61,643.84 15-Apr-11 2 Reliance 320,000,000 10

CHAMBAL FERTILISERS AND CHEMICALS LIMITED,KOTA vs. DCIT, KOTA

In the result, appeal of the revenue is dismissed

ITA 201/JPR/2017[2012-13]Status: DisposedITAT Jaipur13 May 2022AY 2012-13
For Appellant: Shri Percy PardiwallaFor Respondent: Shri Sanjay Dhariwal (CIT)
Section 40A(2)(b)

section 36(1)(iii) of the Act as under:- S. MF Investment Redemption Dividend Interest No Days Income Disallowed In INR Date In INR Date 1 Birla Sunlife 50,000,000 23-Jun-11 50,000,000 28-Jun-11 44,587.39 5 61,643.84 15-Apr-11 2 Reliance 320,000,000 10

CHAMBAL FERTILISERS AND CHEMICALS LIMITED,KOTA vs. ACIT, KOTA

In the result, appeal of the revenue is dismissed

ITA 291/JPR/2017[2013-14]Status: DisposedITAT Jaipur13 May 2022AY 2013-14
For Appellant: Shri Percy PardiwallaFor Respondent: Shri Sanjay Dhariwal (CIT)
Section 40A(2)(b)

section 36(1)(iii) of the Act as under:- S. MF Investment Redemption Dividend Interest No Days Income Disallowed In INR Date In INR Date 1 Birla Sunlife 50,000,000 23-Jun-11 50,000,000 28-Jun-11 44,587.39 5 61,643.84 15-Apr-11 2 Reliance 320,000,000 10

ACIT(EXEMPTION), JAIPUR vs. MAHIMA SHIKSHA SAMITI, JAIPUR

In the result, all the grounds taken by the Revenue are dismissed and ground taken by the assessee society is allowed

ITA 105/JPR/2016[2010-11]Status: DisposedITAT Jaipur03 Mar 2017AY 2010-11
For Appellant: Shri Vinod Kumar Gupta (CA)For Respondent: Shri Anil Kumar (CIT)
Section 11Section 11(1)Section 11(1)(a)Section 12ASection 13Section 13(1)(c)Section 13(3)Section 143(3)Section 32

38 of 1959), a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), or any other bank being a bank included in the Second Schedule to the Reserve Bank

ARAVALI BUILDHOMES LLP,JAIPUR vs. AO CPC, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 1154/JPR/2024[2021-22]Status: DisposedITAT Jaipur04 Jun 2025AY 2021-22

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

For Appellant: Sh. Ashok Kumar Gupta, AdvFor Respondent: Sh. Anoop Singh, Addl. CIT
Section 139Section 139(1)Section 139(4)Section 143(1)Section 234ASection 80Section 80ASection 80I

38) of section 10 or section 10 or section 10B or section 10BA or Chapter VIA exceeded the maximum amount which is not chargeable to income-tax, shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA vs. BHIM SINGH, KOTA

In the result, appeal of the Revenue is dismissed

ITA 821/JPR/2017[2014-15]Status: DisposedITAT Jaipur14 Jun 2018AY 2014-15

Bench: The Ld. Cit (A) By The Assessee Which Were Allowed By The Ld. Cit (A) Are To Be Considered In This Appeal

For Appellant: Shri V.B. Maheshwari (CA)For Respondent: Smt. Roshanta Meena (JCIT) fu/kZkfjrh dh vksj ls@
Section 10Section 143(3)

disallowances made by the AO in the assessment framed under section 143(3) were deleted by the ld. CIT (A) as under :- 3 Shri Bhim Singh, Kota. 4 Shri Bhim Singh, Kota. 5 Shri Bhim Singh, Kota. 6 Shri Bhim Singh, Kota. Thus it is clear that the ld. CIT (A) has followed the decision of this Tribunal in assessee

KANTA AGARWAL ,JAIPUR vs. DCIT CIRCLE 6, JAIPUR

ITA 64/JPR/2023[2015-16]Status: HeardITAT Jaipur05 Oct 2023AY 2015-16

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Sarwan Kumar Gupta, AdvocateFor Respondent: Smt. Monisha Choudhary (JCIT)
Section 10(38)Section 134ASection 14ASection 250Section 68Section 69C

section 14A of IT Act, 1961 without appreciating that the assessee did not claim any expenses out of such exempted income that is why no expenditure should have been disallowed on account of this exempted income. 5. The ld. NFAC has grossly erred in confirming the addition on account of bogus long term capital gain u/s 10(38

KANTA DEVI,JAIPUR vs. ITO WARD 6(5), JAIPUR

ITA 77/JPR/2023[2014-2015]Status: HeardITAT Jaipur05 Oct 2023AY 2014-2015

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Sarwan Kumar Gupta, AdvocateFor Respondent: Smt. Monisha Choudhary (JCIT)
Section 10(38)Section 134ASection 14ASection 250Section 68Section 69C

section 14A of IT Act, 1961 without appreciating that the assessee did not claim any expenses out of such exempted income that is why no expenditure should have been disallowed on account of this exempted income. 5. The ld. NFAC has grossly erred in confirming the addition on account of bogus long term capital gain u/s 10(38

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

ITA 704/JPR/2024[2015-16]Status: DisposedITAT Jaipur09 Oct 2025AY 2015-16
For Appellant: Shri Deepak Sharma, CAFor Respondent: Shri Shri Gautam Singh Choudhary, JCIT-DR
Section 10(38)Section 132(4)Section 69C

10(38) of the Income Tax Act. The disputed transaction involved shares\nacquired through an amalgamation, later sold at a significant profit, with the\nassessee claiming an exempt LTCG.\nGrounds of Appeal:\n1. Disallowance of LTCG Exemption: The assessee argued that the LTCG\nexemption should be allowed, as all share transactions were genuine and\nsupported by documentary evidence (contract notes

DCIT, CIRCLE-3, JAIPUR, JAIPUR vs. M/S. JOY SYNDICATE & ENCLAVE PVT. LTD. , JAIPUR

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

ITA 102/JPR/2020[2013-14]Status: DisposedITAT Jaipur26 Sept 2022AY 2013-14
For Appellant: Shri Rajeev Sogani ( C.A.)For Respondent: Ms Runi Pal (Addl. CIT)a fu/kZkfjrh dh vksj ls@
Section 14ASection 801Section 80I

disallowed the claim u/s 80IB for the following two reasons: a) The Project claimed to have been completed has not yet been completed, as the construction expenses continue to appear in the audited financial statements [AO page 2 para (ii)(a)]. b) The assessee company violated the provisions of section 80IB (10) (e) & (f) [AO page 3 para

PRAMILA AGARWAL,JAIPUR vs. THE INCOME TAX OFFICER WARD-2(5), JAIPUR

In the result, the appeal of the assessee is allowed

ITA 531/JPR/2025[2011-12]Status: DisposedITAT Jaipur10 Oct 2025AY 2011-12
For Appellant: Shri Tarun Mittal, C.AFor Respondent: Shri Gorav Avasthi, JCIT
Section 147Section 148Section 68

section 10(38) in respect of capital gains arising from sale of shares\nBoth lower authorities had disallowed assessee's claim

HARISH SHARMA HUF,B-1, PATODIYA MARG, SHASTRI NAGAR, JAIPUR vs. ITO, WARD-5(3), JAIPUR

In the result the appeal of the assessee is dismissed

ITA 318/JPR/2022[2014-15]Status: DisposedITAT Jaipur11 Nov 2022AY 2014-15
For Appellant: Sh. P. C. Parwal (CA)For Respondent: Shri Chanchal Meena (JCIT)
Section 10(38)Section 133ASection 143(2)Section 143(3)Section 68Section 69C

38) of the Income tax Act, 1961. The Directorate of Investigation, Kolkata investigated transactions in 84 such penny stock shares quoted on BSE and examined on oath a large number of brokers, directors of 6 Harish Sharma HUF, Jaipur vs. ITO, Jaipur companies that finally purchase the shares, the promoters of Penny stock companies, the entry operator who managed

ADITYA BAHETI,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

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

ITA 562/JPR/2023[2014-15]Status: DisposedITAT Jaipur23 Sept 2024AY 2014-15

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

For Appellant: Ms. Nupur Khandelwal, C.A ( V.H.)For Respondent: Smt. Monisha Choudhary (Addl. CIT)
Section 10Section 10(38)Section 147Section 148

10(38) of the Income Tax Act, 1961 to the assessee on considering the company as penny stock companies as per their and SEBI Investigation. The Ld. Assessing officer disallowed the exemption claimed by the assessee and added back Rs.2389107/- in the income of the assessee treating as bogus LTCG exemption U/s.111A of the Income Tax Act. The Ld assessing

TIRUPATI COLLEGE OF TECHNICAL EDUCATION SOCIETY,JAIPUR vs. CIT(EXEMPTIONS), JAIPUR

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

ITA 452/JPR/2016[2012-13]Status: DisposedITAT Jaipur03 Mar 2017AY 2012-13
For Appellant: Shri Sharvan Kumar Gupta, AdvocateFor Respondent: Shri B.K. Gupta, (CIT)
Section 10Section 143(3)

38 to 44) The Hon'ble Supreme Court in case of State of Rajasthan and others vs Basant Agrotech India Ltd. and other 388 ITR 81(SC) decided that only a legislation can make a low retrospective and prospectively subject justifiability and acceptability within the constitutional para-meters. The subordinate legislation can be given with retrospective effect if a power