DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. MAHAVEER KUMAR JAIN, JAIPUR

In the result, the both the appeals of the Revenue as well as CO's of\nthe assessee are dismissed\nOrder pronounced in the open court on 03/10/2024

house property, considering the fact of higher valuation then the amount\nclaimed to have been spent. There is no reference neither in the assessment\norder nor in the remand report to any documents or other incriminating material\nfound during search like emails exchanged or whatsapp messages or\nunaccounted bills or cash payment documents etc. showing unaccounted\npayments or investment

SMT. IRVIND KAUR GUJRAL,JAIPUR vs. ITO, WARD-1(3), JAIPUR, JAIPUR

In the result, appeal of the assessee is dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

house properties situated at Australia considering Article 6 of DTAA with Australia. Thus, the assessee was confronted on the issue, the assessee vide reply dated 25.12.2020 submitted that as per section 9 of the Act income arising from any property situated in India shall be deemed to income accrue or arise in India. She further submitted that as Article

SHRI LALIT KUMAR KALWAR,SARWAR vs. INCOME TAX OFFICER, AJMER

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

house property which is again not disputed by the Revenue. The consideration as determined under s. 50C based on the stamp duty authority valuation is not a consideration which has been received by or has accrued to the assessee. Rather, it is a value which has been deemed as full value of consideration for the limited purposes of determining

SHRI LALIT KUMAR KALWAR,SARWAR vs. INCOME TAX OFFICER, AJMER

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

house property'. Explanation: For the purposes of this section, 'net consideration', in relation to the transfer of a capital asset, means the full value of the consideration received or accruing as a result of 7 Shri Lalit Kumar Kalwar, Sarwar. the transfer of the capital asset as reduced by any expenditure incurred wholly and exclusively in connection with such transfer

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

In the result, appeal of the assessee is allowed

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 of a flat at Safdarjung

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. M/S WORSHIP INFRAPROJECTS PVT LTD(PREVIOUSLY KNOWN AS OM METALS SPML INFRAPROJECTS PVT LTD), JAIPUR

In the result of the appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

108 therefore, once the section is omitted from the statute book, the result is it had never been passed and be considered as a law that never exists and therefore, when the assessment orders were passed in 2006, the AO was not justified in taking note of a provision which was not in the statute book and denying benefit

WORSHIP INFRAPROJECTS PRIVATE LIMITED,JAIPUR vs. DCIT, CEIRCLE-2, JAIPUR

In the result of the appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

108 therefore, once the section is omitted from the statute book, the result is it had never been passed and be considered as a law that never exists and therefore, when the assessment orders were passed in 2006, the AO was not justified in taking note of a provision which was not in the statute book and denying benefit

SAJJAD ALI,CHITTORGARH vs. DCIT(INTL)- JAIPUR, JAIPUR

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

property admittedly and claimed the exemption u/s 54 in the A.Y. 2016-17. It is not the case that the assessee has claimed the exemption u/s 54F in the A.Y. 2018-19. Copy of sale deed of flat sold by the assessee on dt.07.04.2015, copy purchase deed of flat purchase from M/s Sana Land and Developers, copy of allotment, copy

ANIL KUMAR BATAR,SIKAR vs. PCIT-JAIPUR-2, JAIPUR

In the result, the appeal of the assessee is allowed

House Property has been properly shown in the\nreturn of income for the year under consideration.\nii. As it has already been stated in Paral as above that assessee earned\nrental income and interest income, therefore not liable for maintain any\ncash book and bank book. Hence such cash book and bank book is not\navailable with the assessee.\niii

KAILASH CHAND MEENA,ALWAR vs. ITO WARD2(3), ALWAR, ALWAR

In the result, the appeal of the assessee is allowed

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

house property and hire charges received from JCB are indeed not based on facts. If this had been a real story he would have deposited installments of his JCB in an even manner and not in haphazard way. It so appears that this sum of Rs.10,60,000/- is someone else's money deposited by the assesse in his bank

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

108 was performed on dated\n14.11.2017 and a number of discrepancies have been noted by the Auditor\nShri A.K. Lodha Partner of Raj Kishor & Associates (M. Number 007655).\nThese documents were not filed by the assessee on or before due date\nprescribed under Income Tax Act. Therefore, when the notice under section\n148(2) is found to be valid, then

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

In the result, the appeals of the assessee in ITA no

108 was performed on dated\n14.11.2017 and a number of discrepancies have been noted by the Auditor\nShri A.K. Lodha Partner of Raj Kishor & Associates (M. Number 007655).\nThese documents were not filed by the assessee on or before due date\nprescribed under Income Tax Act. Therefore, when the notice under section\n148(2) is found to be valid, then

KATH BROTHERS,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

house property, profits and gains of business or profession, or capital gains, nor is it income from other sources' because the provisions of sections 69, 69A, 69B, and 69C treat unexplained investments, unexplained money, bullion, etc., and unexplained expenditure as deemed income where the nature and source of investment, acquisition or expenditure, as the case may be, have not been

NAINA SARAF,JAIPUR vs. PR.CIT-2, 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. 271/Jp/2020 Assessment Year: 2015-16 Cuke Naina Saraf, Pr.Cit-2, Vs. B-93, Surya Marg, Tilak Nagar, Jaipur. Jaipur. Pan No.: Aevps 4665 N Vihykfkhz@Appellant Izr;Fkhz@Respondent

house after selling his old residential property—Though the legal title in the said property has not passed to the assesse within the specified period and the new property was still under construction, the allotment letter issued by the builder mentions the flat number and specific details of the property— There is no evidence that the advance has been returned

SUNIL KUMAR AGARWAL,JAIPUR vs. ACIT, CEN. CIR-2, JAIPUR

In the result the appeal of the assessee in ITA no

Section 68 Case pertains to Asst. Year 1966-67 Decision in favour of: Assessee Cash credits—Addition under s. 68—ITO can make addition under s. 68 as income from undisclosed sources, simultaneously with addition to trading results— However, assessee can claim the addition under s. 68 as covered by intangible additions to trading results—In the present case

MACRO PROPRIETIES PRIVATE LIMITED,M 28 INCOME TAX COLONY TONK ROAD JAIPUR vs. DCIT CENTRAL CIRCLE 2, LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No.174 TO 177/JP/2023 fu/kZkj.ko"kZ@AssessmentYear : 2013-14 TO 2016-17 M/s. Macro Properties Pvt. Ltd.M-28, Income Tax Colony, Tonk Road Jaipur cuke Vs. The DCIT Central Circle-2 LIC Building, Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAFCM 3633 D vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby : Shri C.M. Agarwal, CA jktLo dh vksjls@Revenue by: Shri JameshKurian, CI

section 153C of the Act qua the necessity to establish the correlation the document wise with the assessment eyars in question was considered by the Hon’ble Supreme Court in the case of CIT-III, Pune Vs Singhad Technical Education Society (reported in (2017) 84 Taxmann.com 290} … Para 10- The Tribunal further noted that the said Mr T John Rajasekhar

UPENDRA KUMAR SONI,KOTA vs. ACIT, CENTRAL CIRCLE-KOTA, CENTRAL CIRCLE, KOTA

In the result, both the appeals of the assesee are allowed for statistical purposes

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

108 ITR(T) 645 (Raipur Trib.) [18-09-2023] decided similar issue. The head notes of the decision are as under- "Section 69A of the Income-tax Act, 1961 Unexplained moneys (Bank deposit) Assessment year 2017-18 During demonetization period, assessee-society deposited certain sum in its bank account Since assessee didn't respond adequately to sever notices issued

UPENDRA KUMAR SONI,KOTA vs. ACIT, CENTRAL CORCLE-KOTA, KOTA

In the result, both the appeals of the assesee are allowed for statistical purposes

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

108 ITR(T) 645 (Raipur Trib.) [18-09-2023] decided similar issue. The head notes of the decision are as under- "Section 69A of the Income-tax Act, 1961 Unexplained moneys (Bank deposit) Assessment year 2017-18 During demonetization period, assessee-society deposited certain sum in its bank account Since assessee didn't respond adequately to sever notices issued

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

In the result, the appeal of the assessee is allowed

108 days in filing the appeal before us but with a cost of Rs.\n5,000/- to be deposited into the Prime Minister Relief Fund to be\ndeposited by the assessee when the assessee apply for the appeal effect of\nthis order.\n\n4.\nBrief facts of the Case are that the assessee had filed