KRISHNA BUILD HOME PRIVATE LIMITED,JAIPUR vs. ASST. COMMISSIONER OF INCOME TAX (HOLDING CHARGE OF ITO WARD 4(2)), JAIPUR

Bench: The Learned Ao, The Reassessment Proceeding Is Illegal, Bad In Law, Without Jurisdiction & Is Based On Wrong Facts & On Change Of Opinion & In Gross Violation Of Proviso To S. 147 Of The It Act, Which Says No Action Can Be Taken M/S. Krishna Build Home Pvt. Ltd., Jaipur.

House Property. In this assessment order at page 2 of Assessment Order, the ld AO has held that any income earned from business assets of the assessee is assessable as Income from Business. The copy of assessment order for AY 2012-13 has been filed in Paper Book for AY 2011-12 (ITA No 143/JPR/2021) at page

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

Bench: Or At The Time Of Hearing.”

Section 10(23C)(iiiab) of the Act the ld. AR has submitted that initially the assessee used to supply textbooks entirely to the government schools under the scheme of free of cost however, over the time the private educational institutions have taken the significant number of students the assessee has started supplying the textbooks to the private distributors

DCIT,C-7, JAIPUR vs. BHARAT MOHAN RATURI, JAIPUR

In the result, the appeal of the Department is dismissed and that of the C

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 413/JP/2022 fu/kZkj.ko"kZ@AssessmentYear :2013-14 The DCIT Circle-7 Jaipur cuke Vs. Shri Bharat Mohan Raturi 161, Indira Colony, Bani Park Jaipur 302 015 (Raj) LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AANPR 7066G vihykFkhZ@Appellant izR;FkhZ@Respondent CO No. 2/JP/2023 (Arising out of vk;djvihy la-@ITA No. 413/JP/2022 ) fu/kZkj.ko"kZ@AssessmentYear :2013-14 Shri Bharat Mohan Raturi 161, Indira

house property Rs. 1,00,37,910 and deduction u/s 54F Rs. 94,39,201 and LTCG income at Rs. Nil and total income of Rs 18,21,680/- 5 DCIT, CIRCLE-7, JAIPUR VS BHARAT MOHAN RATURI (Copy at Paper book page no 10 to 13). The assessment was completed under section

RADHEY CONSTRUCTION PVT. LTD.,JAIPUR vs. ITO, JAIPUR

Appeal is dismissed

Bench: Or At The Time Of Hearing.”

house property at Rs. 21,17,433/-. The ld Assessing Officer has not considered the provisions of section 23(1)(c). Had the ld. Assessing Officer considered clause (c) of sub-section 1 of section 23, then the actual rent received and disclosed by the assessee would have been accepted. The provisions very specifically stipulate that in a case where

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

In the result, this appeal of the assessee is allowed

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

section 54F of the IT Act, 1961 to half value of investment made in one residential house property. As sale consideration reported in the registered sale deeds executed for purchase of immovable properties situated at flat No. 702, Princess Park, Sector-86, Faridabad is more than the same consideration reported in sale deed executed for purchase of flat

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

houses in India for residential purposes and which is eligible for deduction under clause (viii) of sub-section (1) of section 36; (ixa) deposits with or investment in any bonds issued by a public company Mahima Shiksha Samiti, Jaipur vs. ACIT,(Exemption), Jaipur formed and registered in India with the main object of carrying on the business of providing long

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

In the result, appeal of the Revenue is dismissed

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

property in question is a palace. It is also not in dispute that a portion of it is in occupation. The only question which has been raised by learned counsel for the Revenue is that if only a portion of the palace is in occupation, the exemption under clause (19A) of Section 10 would be available only for that part

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

sections 80C, 80CCF, 80D, 80DD and 80G to the tune of Rs. 1,00,000/-, 20,000, Rs 15,000/- Rs 1,00,000/- and Rs. 24,000/- respectively and further claiming loss under the head Income from House Property at Rs 70,000/-thereby declaring net taxable income of Rs. 10

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

sections 80C, 80CCF, 80D, 80DD and 80G to the tune of Rs. 1,00,000/-, 20,000, Rs 15,000/- Rs 1,00,000/- and Rs. 24,000/- respectively and further claiming loss under the head Income from House Property at Rs 70,000/-thereby declaring net taxable income of Rs. 10

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

sections 80C, 80CCF, 80D, 80DD and 80G to the tune of Rs. 1,00,000/-, 20,000, Rs 15,000/- Rs 1,00,000/- and Rs. 24,000/- respectively and further claiming loss under the head Income from House Property at Rs 70,000/-thereby declaring net taxable income of Rs. 10

INCOME TAX OFFICER, JAIPUR vs. VINOD KUMAR JHARCHUR HUF, JAIPUR

In the result, the ground raised by the assessee in the application filed under rule 27

10 ITO vs. Vinod Kumar Jharchur HUF 1.6.1 Proportionate deduction on the basis of cost of house property itself is flawed – value of property at the time of transfer is relevant not the cost: It is submitted that the ld. AO proceeded to allow proportionate deduction on the basis of cost of the property which was worked

SMT RAMA BAJAJ,JAIPUR vs. INCOME TAX OFFICER, WARD-4-2, JAIPUR

In the result, appeal of the assessee is allowed

section 10B.” In view of the above submissions, entire interest expense of Rs. 5,06,678/- may please be allowed under income from house property as well under income from other sources as above.” 4. Regarding Ground No. 3, the ld. AR submitted that during the year, the appellant had deposited cash of Rs. 40,000/- in Bank

RUP KUMAR RAMCHANDANI,AJMER vs. INCOME TAX OFFICER, WD-1(2), AJMER, AJMER

Bench: SMT. ANNAPURNA GUPTA (Accountant Member)

10. Taking up the alternate plea of the assessee that the interest expenditure is allowable under Section 24(b) of the Act, we have gone through the provisions of law in this regard. Section 24(b) reads as under:- Deductions from income from house property

KAUSHLENDRA SINGH,JAIPUR vs. ITO WARD-5(3) JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

house property in the name of his wife namely, Smt. Garima Singh, within the prescribed time limit as prescribed under the provisions of section 54F of the Act. 10

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

section 80IB (10) from time to time: Supreme Court: Case law Sr. No. PB Reference CIT v Sarkar Builders (2015) 57 taxmann.com 313 16 1. [CLC REF. 1 - 14 ] CIT v Veena Developers (2016) 66 taxmann.com 353 16 2. [CLC REF. 15 - 17 ] High Courts: High Court Sr. No. Case LAW PB Reference CIT v Brahma Associates [2011] 197 taxmann

SHRI MANOHAR LAL CHOUDHARY,JAIPUR vs. ACIT, CIRCLE-6, JAIPUR

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

section, that is to say,— (i ) ………. (ii)……….." 7 Sh. Manohar Lal Chaudhary, Jaipur Vs. Dy. CIT, Circle-06, Jaipur 10. A reading of the aforesaid provision makes it clear that the property being sold, referred to as original asset, is described as buildings or lands appurtenant thereto and being a residential house

GANESH CHAWLA,JAIPUR vs. ACIT, JAIPUR

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

Bench: Or At The Time Of Hearing.” Sh. Genesh Chawla Vs. Acit

property is owned by the mother of the assessee we are of the view that if the assessee has constructed a new on the plot of land which is owned by the mother of the assessee then, the investment made by the assessee in construction of new house is eligible for deduction u/s 54F of the Act. A residential house

INCOME TAX OFFICER, WARD-3-2, JAIPUR vs. SILVER SAND BUILDERS PVT. LTD., JAIPUR

In the result, all the three appeals of the revenue are dismissed

10-11 respectively. The revenue has raised common grounds except quantum of deletion of addition in these appeals as under :- ITA No. 1440/JP/2018 : “ Whether in the facts and in the circumstances of the case and in law, the ld. CIT (A) was justified in deleting the addition of Rs. M/s. Silver Sand Builders Pvt. Ltd., Jaipur