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.”

property of the Board or for any other purpose conducive to the interest of the Board out of its receipts, howsoever from donations, loans, advance, sale of books or otherwise; (17) To invest in such securities as the Board may determine from time to time and to deal with the funds of the Board; (18) To draw, make, accept, endorse

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

10'x20', i.e., 201 sq. Ft. can be treated as a residential house or not. It is clarified by the CBDT that purchase of plot of land is a part of residential house for claiming of deduction under section 54F. The revenue itself has admitted that it is a habitable as a servant quarter, which in other words, was habitable

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

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

Housing & Constructions Ltd. [2013] 30 taxmann.com 131 5. Madras 14 CIT v Jogani Constructions Ltd. [2013] 35 taxmann.com 9 6. Bombay 15 CIT v CHD Developers Ltd. [2014] 43 taxmann.com 249 7 Delhi 15 8. CIT v Ittina Properties (P.) ltd. Karnataka 16 CIT v Happy Home Entreprises (2014) 51 taxmann.com 9. Bombay 16 ITAT : Sr. No. Case Law Name

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

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

35 Lacs received to the appellant instead of Rs. 43,08,360/- as assumed by the AO as per DLC Rates u/s. 50C of the Act.” 2. Briefly stated, the facts of the case are that the assessment in the case of assessee was completed u/s 143(3) read with section 147 of the Act. The AO considered deemed sale

ACIT, CIRCLE, BHARATPUR vs. M/S. JAGDAMBE STONE COMPANY, BHARATPUR

In the result, this appeal of the Revenue is dismissed

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

35 ITA 1171/JP/2019_ ACIT Vs M/s Jagdambe Stone Company 27(iiib) and section 269UA(f) of the Act. Therefore, for the purpose of section 22 of the Act, the assessee is the deemed owner of the land and the assessee 's contention that sub-letting this land to L&T is to be considered as 'income from house property

SCHOLARS EDUCATION TRUST OF INDIA,JAIPUR vs. CIT(EXEMPTIONS), JAIPUR

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

House No. 12/493, Indira Nagar, Lucknow. During assessment proceedings the assessee was asked to produce lease agreement for the same property but he did not produce lease agreement. However, the same has been furnished during rescinding proceedings, and it was submitted that this property is in front of Indira Nagar, Lucknow, school of the trust. The contention

DR. ASHA MATHUR,GUJRAT vs. ASSISTANT COMMISSIONR OF INCOME TAX, CIRCLE-1, JAIPUR

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

Bench: The Itat By Taking Following

property purchased by the appellant for claiming deduction u/s 54 of the Act was not 'worth occupying and inhabitable, therefore, it was held that the appellant was not entitled for deduction u/s 54 of the Act. (x) It may be mentioned that by Finance (No. 2) Act, 2014, the words ‘constructed a residential house' in section

SCHOLARS EDUCATION TRUST OF INDIA,JAIPUR vs. CIT EXEMPTION, JAIPUR , JAIPUR

In the result, appeal of the assessee is allowed

10(23C)(vi) read with section 11(5)(x) of the Act and the\nsubject investment in purchase of a flat at Safdarjung Enclave, New Delhi is thus in\ncompliance with the said provisions. We have no hesitation in agreeing to the said\ncontention of the ld AR. However, the question that remains is whether the said\ninvestment in purchase

ACIT, JAIPUR vs. BHIM SINGH, KOTA

In the result, grounds no

House Property, then assessee will be entitled for statutory deductions on the same. This ground of appeal was therefore, partly allowed. It may however, be of note that the Hon’ble Supreme Court vide Civil appeal No. 2812 of 2016 order dated 05.12.2016 in the case of the appellant himself has allowed the appeal & held that: The appellant is allowed

SMT. SAROJ SHARMA,JAIPUR vs. ACIT, CIRCLE-3, JAIPUR

35,335/- was not allowed. (b) Estimation of sale as per circulation certificate Rs. 240 02 905/-: i) The Ld. AO estimated the sale of newspaper as per circulation certificate filed with the RNI. The Ld. AO has not rejected the books of accounts and no discrepancy were notice. As such the addition is unjustified. 6. Submission against addition

DY.CIT, CIRCLE-3, JAIPUR vs. SMT. SAROJ SHARMA, JAIPUR

35,335/- was not allowed. (b) Estimation of sale as per circulation certificate Rs. 240 02 905/-: i) The Ld. AO estimated the sale of newspaper as per circulation certificate filed with the RNI. The Ld. AO has not rejected the books of accounts and no discrepancy were notice. As such the addition is unjustified. 6. Submission against addition

INDIRA GIRI,JAIPUR vs. ASSESSING OFFICER, INCOME TAX DEPARMENT JAIPUR

The appeal of the assessee is allowed

Bench: The Due Date Of Furnishing Itr, Therefore Deposit In Capital Gain Account For Compliance U/S 54(2) Was Impossible On The Part Of The Assessee.

10 taxmann.com 57 (Mumbai)[09-02-2011] Hon’ble Tribunal held: “In the instant case, admittedly the period of 6 months for making investment in long term specified asset was 9-2-2006. As on that date the said cheque had been delivered to NABARD. Therefore, the date of payment of the cheque would be the date of delivery

URBAN IMPROVEMENT TRUST (NOW KOTA DEVELOPMENT AUTHORITY),KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee’s income is found to be not chargeable under the Income Tax Act at all and the AO is directed to delete the additions made, irrespective of the head of income

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalacit, Exemption, Circle, Jaipur ...... Appellant Vs.

35 or section 73; (bb) for prescribing standards for the sub-division or re- constitution of plots, lay-out of private streets etc., and, for provision of roads, lanes, water connections, electric connections and other amenities to be provided for by the owner at his costs; (bbb) for prescribing the particulars to be submitted under subsection (1) of section

ACIT, EXEMPTIONS, CIRCLE , JAIPUR, JAIPUR vs. URBAN IMPROVEMENT TRUST, KOTA

In the result, the assessee’s income is found to be not chargeable under the Income Tax Act at all and the AO is directed to delete the additions made, irrespective of the head of income

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalacit, Exemption, Circle, Jaipur ...... Appellant Vs.

35 or section 73; (bb) for prescribing standards for the sub-division or re- constitution of plots, lay-out of private streets etc., and, for provision of roads, lanes, water connections, electric connections and other amenities to be provided for by the owner at his costs; (bbb) for prescribing the particulars to be submitted under subsection (1) of section

M/S WHOLESALE CLOTH MERCHANT,KOTA vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), RAJASTHAN, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 688/Jp/2019 Assessment Year: ………………………… M/S Wholesale Cloth Merchant Cuke Pr.C.I.T. (Central), Vs. Association, Jaipur (Rajasthan) New Cloth Market, Kota. Pan No.: Aaatw 0127 C Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Siddarth Ranka & Shri Shravan Kr. Gupta (Advs) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 14/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 06/01/2021 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(Central), Rajasthan, Jaipur Dated 22/03/2019 Passed U/S 12Aa(3) & 12Aa(4) Of The Income Tax Act, 1961 (In Short, The Act). Following Grounds Have Been Taken By The Assessee: “1. That In The Facts & In The Circumstances Of The Case & In Law, The Ld Pr. Cit(Central), Rajasthan, Jaipur Has Grossly Erred In Cancelling The Registration Of The Assessee Appellant Trust Under Section 12A Of The Act By Invoking Section 12Aa(4) Of The Act W.E.F. 01/04/2013. 2. The Appellant Craves Leave To Add, Alter, Modify Or Amend Any Ground On Or Before The Date Of Hearing.”

property to be used or applied directly for the benefit of a persons referred to U/s 13(3) of the Act. Therefore, as per the provisions of Section 13(1)(c)(ii) of the Act, nothing contained in Section 11 and 12 shall operate so as to exclude the total income of the assessee. Therefore, the activities of the assessee

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), CIRCLE, JAIPUR vs. MODERN SCHOOL SOCIETY, KOTA

In the result, this appeal of the revenue stands dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1361 & 1362/Jp/2018 Assessment Years: 2011-12 & 2012-13 Deputy Commissioner Of Cuke M/S Modern School Society, Vs. Income Tax (Exemptions) Sector-A, Talwandi, Kota Circle, Jaipur. (Rajasthan) Pan No.: Aaatm 7045 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Vk;Dj Vihy La-@Ita No. 357/Jp/2019 Assessment Year: 2013-14 Deputy Commissioner Of Cuke M/S Modern School Society, Vs. Income Tax (Exemptions) Sector-A, Talwandi, Kota Circle, Jaipur. (Rajasthan) Pan No.: Aaatm 7045 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Rajiv Sogani (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 21/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeals Filed By The Revenue Against The Separate Orders Of The Ld. Cit(A)-3, Jaipur Dated 04/09/2018 & 12/12/2018 For The A.Y. 2011-12 To 2013-14 Respectively.

10(23C)(vi) of the I.T. Act It is primary condition there must be an investment or 28 ITA 1361 & 1362/JP/2018 & 357/JP/2019_ DCIT(E) Vs M/s Modern School Society deposit of funds of the institution. Therefore in order to ascertain whether such investment/ deposit is in violation of the mode prescribed u/s 11(5) of the I.T. Act there must