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 is measured as annual value of the property and section 23(1) contemplates the manner in which annual value of the property has to be determined. Since the property in question is newly constructed property and has never been let out, therefore, the provisions of section 23(1)(a) envisages the method for M/s. Krishna Build Home

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

house property.\nWhile responding (vide letter dated 18.03.2018 PB 3), to the surprise of the\nassessee, it came to his notice that some mistakes have been committed\ninadvertently in as much as deductions even though not applicable, could be\nclaimed therein. Therefore, the assessee in all truthfulness and simplicity,\nstraightforwardly and voluntarily admitted that some deductions could be wrongly\nclaimed

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

house property.\nWhile responding (vide letter dated 18.03.2018 PB 3), to the surprise of the\nassessee, it came to his notice that some mistakes have been committed\ninadvertently in as much as deductions even though not applicable, could be\nclaimed therein. Therefore, the assessee in all truthfulness and simplicity,\nstraightforwardly and voluntarily admitted that some deductions could be wrongly\nclaimed

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

house property.\nWhile responding (vide letter dated 18.03.2018 PB 3), to the surprise of the\nassessee, it came to his notice that some mistakes have been committed\ninadvertently in as much as deductions even though not applicable, could be\nclaimed therein. Therefore, the assessee in all truthfulness and simplicity,\nstraightforwardly and voluntarily admitted that some deductions could be wrongly\nclaimed

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

house property.\nWhile responding (vide letter dated 18.03.2018 PB 3), to the surprise of the\nassessee, it came to his notice that some mistakes have been committed\ninadvertently in as much as deductions even though not applicable, could be\nclaimed therein. Therefore, the assessee in all truthfulness and simplicity,\nstraightforwardly and voluntarily admitted that some deductions could be wrongly\nclaimed

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

house property.\nWhile responding (vide letter dated 18.03.2018 PB 3), to the surprise of the\nassessee, it came to his notice that some mistakes have been committed\ninadvertently in as much as deductions even though not applicable, could be\nclaimed therein. Therefore, the assessee in all truthfulness and simplicity,\nstraightforwardly and voluntarily admitted that some deductions could be wrongly\nclaimed

SHRI GULAB CHAND MEENA,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX (OSD) , 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. 49/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year :2011-12 Cuke Shri Gulab Chand Meena, A.C.I.T.(Osd), Vs. Village- Dantali, Tehsil- Range-7, Sanganer, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Abupm 2026 R Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Manish Agarwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 11/01/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 28/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A)- 3, Jaipur Dated 06/12/2017 For The A.Y. 2011-12 In The Matter Of Order Passed U/S 143(3) Read With Section 147 Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. On The Facts & The Circumstances Of The Case The Ld. Cit(A) Erred In Confirming The Disallowance Of Deduction U/S 54F Of Rs. 5,78,571/- Made By Ld.Ao Arbitrarily & Accordingly Treating It As A Long Term Capital Gain When All The Conditions Prescribed U/S 54F Were Fulfilled By Assessee. 1.1. That The Ld. Cit(A) Has Further Erred In Not Considering The Fact That Assessee Had Submitted The Valuation Report In Support Of His Claim Of 2

section 139 of the Act. According to ld. AR of the assessee, the investment was made before of 31.03.2009 i.e. the time limit 17 ITA 49/JP/2018_ Gulab Chand Meena Vs. ACIT(OSD) provided u/s 139(4), the claim of the assessee u/s 54F was rightly allowed by the Id. CIT(A)”. The Coordinate Bench of the ITAT Jaipur also

PROFESSIONAL AUTOMOTIVES PRIVATE LIMITED,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील /ITA Nos.809 to 815/JP/2025 निर्धारण वर्ष /Assessment Years :2013-14 to 2019-20 Professional Automotives Pvt. बनाम ACIT, Ltd. Bahu Plaza, Bahu Plaza, Jammu Vs. Central Circle- 1, and Kashmir Jaipur स्थायी लेखा सं./जी.आई.आर. सं./PAN/GIR No.:AAACP9608E अपीलार्थी/Appellant प्र]त्यर्थी/Respondent निर्धारिती की ओर से / Assessee by :Shri Tarun Mittal, CA राजस्व की ओर से /Revenue by: Shri Ajey Malik, CIT (Th. V.C)

Section 194 and 200 were challenged. It was noted in P. RatnakarRao and others V. Govt. Of A.P. and others (1996 (5) SCC 359) that the discretion given under Section 200(1) to the State Government to prescribe maximum rates for compounding the offence is not unguided, uncanalised and arbitrary. It was, inter alia, held as follows: ……………….. ………………. It is indisputable

SHRI DIGAMBER JAIN ATIKSHAYA KESHTRA,PADAMPUA vs. ITO EXEMPTION WARD 1, KAILASH HEIGHTS

In the result appeal of the assessee is partly allowed

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

property should be computed as per sections 22 to 27 of the Act and the income from business have to be computed under sections 28 and 44 of the Act. Such computed income is exempted from tax under sections 11 13 Shri Digamber Jain Atikshaya Keshtra and 13, if 85% o f the same is spent on the charitable objects

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

sections 147/148 of the Act and those powers\nare saved.\nIt is further noted that no incriminating material was found during\nsearch operations in respect of the construction of house property as\nis also evident from the assessment order passed u/s 153A wherein\nthere is no mention about any incriminating material found for the\nrelevant assessment year even no mention

RAJESH PRODUCTS,TONK ,RAJASTHAN vs. ACIT, JAIPUR

section 131(1) and 133A, despite being\nspecifically asked for. It is trite law that if the authority rejects such request\nand proceeds to complete the assessment or finalise the proceeding,such\naction shall be not in accordance with the law. Reliance in this regard is\nplaced on the following decisions [E.M.C (Works) P. Ltd. v. ITO,(1963) 49\nITR

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA vs. NARESH JAIN, KOTA

In the result, the appeal of the Revenue is dismissed with no orders as to\ncost

property, and also failed\nto make it verified with the explanation of the sellers\n4 Whether on facts and in circumstances of the case, the Ld. CIT(A) is\njustified in deleting the addition of Rs. 27,97,131/- out of total addition of\nRs 35,00,000/-by not considering the fact that the assessee admitted in his\nstatement

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

House Property\n8,17,320\nIncome from Other Sources\n23,00,000\nTotal\n58,17,320\nThe action of the ld. CIT(A) is illegal, unjustified, arbitrary and against the facts of the\ncase. Relief may please be granted by deleting the said of Rs. 58,17,320.\n10. The appellant craves his rights to add, amend or alter

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

In the result, the appeal of the assessee is allowed

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

DHRUV BUILDCON AND DESIGNERS PRIVATE LIMITED,KOTA RAJASTHAN vs. ACIT,DCIT, CENTRAL CIRCLE, KOTA, KOTA RAJASTHAN

In the result the appeal of the assessee is partly allowed

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

property (which do not belong to the company) Rs. 49,85,049/- the Ld. A.O. ignored all our submission, and made the addition solely based up on the statement of a directors. The Ld. AO also grossly erred in sustaining & confirming the addition without going through the papers & submission filed by the Assessee. 2. That the Ld. CIT(A) grossly

ASHOK SINGH ,IMLI PHATAK vs. DCIT CENTRAL CIRCLE 2 JAIPUR, LIC BUILDING JAIPUR

In the result, the appeal of the assessee is allowed

Section 53A of transfer of property Act, 1882 provides that where the\nbuyer has obtained possession of the property that is subject matter of the\ntransfer, while fully complying with his part of the obligation under the agreement,\nthe seller shall not be entitled to disturb the possession so granted to the buyer.\nIn the instant case the assessee alongwith

JAIPAL SINGH,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

section 69 of the IT Act, 1961. In his submission\nthe appellant has made contention that no cash was actually paid as mentioned\nin the said Agreement cum Memorandum of Understanding to sale but that was\nonly a notional/symbolical amount and written for bank loan purposes. Further he\nmade contention that the observation and finding

SIYARAM EXPORTS INDIA PRIVATE LIMITED,JAIPUR vs. ITO WARD 6(4), JAIPUR, JAIPUR

House Property\n8,17,320\nIncome from Other Sources\n23,00,000\nTotal\n58,17,320\nThe action of the ld. CIT(A) is illegal, unjustified, arbitrary and against the facts of the\ncase. Relief may please be granted by deleting the said of Rs. 58,17,320.\n10. The appellant craves his rights to add, amend or alter

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

House Property\n8,17,320\nIncome from Other Sources\n23,00,000\nTotal\n58,17,320\nThe action of the ld. CIT(A) is illegal, unjustified, arbitrary and against the facts of the\ncase. Relief may please be granted by deleting the said of Rs. 58,17,320.\n10. The appellant craves his rights to add, amend or alter