KRISHNA BUILD HOME PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER, WARD 4(2), JAIPUR, 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 was ready for occupation, if the same is not kept vacant intentionally by the assessee then vacancy allowance under section 23(1)(c) would be available to the assessee. The revenue would argue that the benefit of section 23(1)(c) is available only when the property was let out at first place and then remain vacant. However

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 was ready for occupation, if the same is not kept vacant intentionally by the assessee then vacancy allowance under section 23(1)(c) would be available to the assessee. The revenue would argue that the benefit of section 23(1)(c) is available only when the property was let out at first place and then remain vacant. However

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

house property of Rs.11,19,700/-, interest from FDRs of\nRs.10,43,740/- and consultancy fee of Rs.1,70,000/-. The authorities below however\nrejected the revised return saying 13 ITA NO. 968/JP/2019 SURESH MAL LODHA VS\nACIT, CIRCLE-6, JAIPUR that the original return of income was not filed u/s 139(1).\nMoreover, it was not a case

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

1) 59[Subject to the provisions of sub-section (4), where, in the case of an assessee being an individual or a Hindu undivided family], the capital gain arises from the transfer of any long-term capital asset, not being a 60residential house (hereafter in this section referred to as the original asset), and the assessee has, within a period

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

house property of Rs.11,19,700/-, interest from FDRs of\nRs.10,43,740/- and consultancy fee of Rs.1,70,000/-. The authorities below however\nrejected the revised return saying 13 ITA NO. 968/JP/2019 SURESH MAL LODHA VS\nACIT, CIRCLE-6, JAIPUR that the original return of income was not filed u/s 139(1).\nMoreover, it was not a case

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

house property of Rs.11,19,700/-, interest from FDRs of\nRs.10,43,740/- and consultancy fee of Rs.1,70,000/-. The authorities below however\nrejected the revised return saying 13 ITA NO. 968/JP/2019 SURESH MAL LODHA VS\nACIT, CIRCLE-6, JAIPUR that the original return of income was not filed u/s 139(1).\nMoreover, it was not a case

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

house property of Rs.11,19,700/-, interest from FDRs of\nRs.10,43,740/- and consultancy fee of Rs.1,70,000/-. The authorities below however\nrejected the revised return saying 13 ITA NO. 968/JP/2019 SURESH MAL LODHA VS\nACIT, CIRCLE-6, JAIPUR that the original return of income was not filed u/s 139(1).\nMoreover, it was not a case

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

house property of Rs.11,19,700/-, interest from FDRs of\nRs.10,43,740/- and consultancy fee of Rs.1,70,000/-. The authorities below however\nrejected the revised return saying 13 ITA NO. 968/JP/2019 SURESH MAL LODHA VS\nACIT, CIRCLE-6, JAIPUR that the original return of income was not filed u/s 139(1).\nMoreover, it was not a case

RAJ KUMAR JAIN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

142 DTR 129 have also followed the decision. All these decision imposed a duty upon the Learned Assessing Officer for following the due procedure in the course of levy of penalty by issuing correct and relevant show cause notices. These decisions have laid importance to the fact that levy of penalty should not be taken lightly. (vii) It is submitted

UMESH SABOO,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME, CENTRAL CIRCLE-2,, JAIPUR

In the result, the appeal of the assessee is allowed

section 271AAB,\nthe year under consideration falls within the definition of 'specified year'. The total\nincome declared in the ROI for the 'specified year' included the undisclosed income\nof Rs. 1,10,00,000/- which represented the undisclosed income. Accordingly, penalty\nu/s 271AAB(1)(c) of the Act is initiated on such amount of Rs. 1

RAMESH KUMAR,JHUNJHUNU vs. ITO WARD-1 JHUNJHUNU, JHUNJHUNU

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

House,\nOld Bus Stand,\nJhunjhunu.\nबनाम\nVs.\nIncome Tax Officer,\nWard-1,\nJhunjhunu.\nस्थायीलेखा सं./ जीआईआर सं./PAN/GIR No.: BDWPK6579A\nअपीलार्थी / Appellant\nप्रत्यर्थी / Respondent\nनिर्धारिती की ओरसे / Assesseeby : Shri Sharwan Kumar Gupta, Advocate\nराजस्व की ओरसे / Revenue by : Shri Gautam Singh Choudhary, JCIT-DR\nसुनवाई की तारीख / Date of Hearing : 22/04/2025\nउदघोषणा की तारीख / Date of Pronouncement: 03/06/2025\nआदेश/ORDER

RAMESH KUMAR,JHUNJHUNU vs. ITO WARD-1, JHUNJHUNU, JHUNJHUNU

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

House,\nOld Bus Stand,\nJhunjhunu.\nबनाम\nVs.\nIncome Tax Officer,\nWard-1,\nJhunjhunu.\nस्थायीलेखा सं./ जीआईआर सं./PAN/GIR No.: BDWPK6579A\nअपीलार्थी / Appellant\nप्रत्यर्थी / Respondent\nनिर्धारिती की ओरसे / Assesseeby : Shri Sharwan Kumar Gupta, Advocate\nराजस्व की ओरसे / Revenue by : Shri Gautam Singh Choudhary, JCIT-DR\nसुनवाई की तारीख / Date of Hearing : 22/04/2025\nउदघोषणा की तारीख / Date of Pronouncement: 03/06/2025\nआदेश/ORDER

ANSHU SAHAI (HUF),JAIPUR vs. ACIT, CENTRAL CIRCLE, CENTRAL CIRCLE

142 has \nbeen issued to him for such assessment year, or\n(ii) a return of income has been furnished by such other person but no notice \nunder sub-section (2) of section 143 for such assessment year has been served \nand the limitation of serving such notice has expired, or\n(iii) assessment or reassessment, if any, for such

OM KOTHARI FOUNDATION,JAIPUR, RAJASTHAN vs. ITO, (EXEMPTION) WARD-1, JAIPUR, JAIPUR, RAJASTHAN

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

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

house property, capital gains and other sources, the provisions of section 32 are not applicable. Provisions of section 32, i.e., deprecation are, therefore, applicable in case of income earned under the head 'profit and gains of business or profession'. Depreciation under section 32(1) is allowable in respect of both tangible and intangible assets which are 33 OM KOTHARI FOUNDATION

BABU LAL SHARMA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result, appeal of the assessee is allowed

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

142(1) of the IT Act was issued to the appellant on 20.09.2019 which was duly served. The appellant was required to furnish return of income. However, the appellant had not furnished any return of income for the year under consideration. Further, show cause notices under section 144 of the IT Act were issued to the appellant

BABU LAL SHARMA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

142(1) of the IT Act was issued to the\nappellant on 20.09.2019 which was duly served. The appellant was required to furnish\nreturn of income. However, the appellant had not furnished any return of income for the\nyear under consideration. Further, show cause notices under section 144 of the IT Act\nwere issued to the appellant

LATE SH. BIRDI CHAND THROUGH LEGAL HEIR MUKESH SHARMA ,JAIPUR vs. ITO, WARD-7(2), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

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

house.” 6. To support the arguments so raised the ld. AR of the assessee and has relied upon the following evidences in support of the contentions so raised:- 10 Late Sh. Birdi Chand vs. ITO S. No. Particulars Pg. No. 1. Copy of submission filed before Ld. CIT(A) 1-4 2. Copy of Index of paper book filed before

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

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

properties against which the Assessing Officer has initiated the proceedings u/s 147 of the Act situates in Punjab, transactions have also been held at Punjab and admittedly the assessee is also residing in Punjab, we are of the considered view that the Ld. Assessing Officer, Ward-1, Sri Ganganagar, had no jurisdiction to frame the subjected assessment, consequently the assessment

SAROJ DEVI HALDIYA,JAIPUR vs. ITO WARD-6(1), JAIPUR, JAIPUR

house property, income from capital Gain and\nincome from other sources. A copy of the return of income filed by the\nassessee is available on paper book page No...1.\nSubsequently enquiries were conducted in the case of assessee by DDIT\n(Inv) wing-2 Jaipur. In the matter detailed statements of husband of the\nassessee Shri Mahendra Kumar Haldiya