RAGHAV COMMODITIES,JAIPUR vs. ITO WARD 6(2), JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

property, being land or building or both, shares and securities, loans and advances, deposits in bank account. It is submitted that though the definition of assets is inclusive, all the assets included basically are of such nature, which represent an economic resource, either immovable or movable, having value. Thus, genuine losses suffered by assessee (alleged as bogus by ld.AO) cannot

VARDHMAN SATHANAKVASI JAIN SRAVAK SANGH,AJMER vs. CIT(E), JAIPUR, JAIPUR

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

property of assessee. This is incorrect as against the said show cause notice, reply was filed on 22.03.2024 (PB 107-114) along with the original constitution(PB 115-122). Further clause 26 of the amended constitution (PB 23) specifically provides that on dissolution the asset of the society would be merged with other society having same object and registered

VARDHMAN SATHANAKVASI JAIN SRAVAK SANGH,AJMER vs. CIT(E), JAIPUR, JAIPUR

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

property of assessee. This is incorrect as against the said show cause notice, reply was filed on 22.03.2024 (PB 107-114) along with the original constitution(PB 115-122). Further clause 26 of the amended constitution (PB 23) specifically provides that on dissolution the asset of the society would be merged with other society having same object and registered

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

b) CIT v. Smt. Minalben S. Parikh [1995] 215 ITR 81 (Guj), (c)\nCIT v. Ratlam Coal Ash Co. [1988] 171 ITR 141 (MP) & (d) CIT v. Arvind\nJewellers [2003] 259 ITR 502 (Guj).\n10.1 No penalty is legally possible where ROI is held invalid (only for AY 2012-\n13, AY 2013-14 & AY 2015-16):\nThe undisputed facts available

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

property being land or building or both, shares and securities, loans and advances, deposits in bank account. (2) If any proceeding initiated or any order of assessment or reassessment made under sub-section (1) has been annulled in appeal or any other legal proceeding, then, notwithstanding anything contained in sub-section (1) or section 153, the assessment or reassessment relating

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

b) CIT v. Smt. Minalben S. Parikh [1995] 215 ITR 81 (Guj), (c)\nCIT v. Ratlam Coal Ash Co. [1988] 171 ITR 141 (MP) & (d) CIT v. Arvind\nJewellers [2003] 259 ITR 502 (Guj).\n10.1 No penalty is legally possible where ROI is held invalid (only for AY 2012-\n13, AY 2013-14 & AY 2015-16):\nThe undisputed facts available

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

b) CIT v. Smt. Minalben S. Parikh [1995] 215 ITR 81 (Guj), (c)\nCIT v. Ratlam Coal Ash Co. [1988] 171 ITR 141 (MP) & (d) CIT v. Arvind\nJewellers [2003] 259 ITR 502 (Guj).\n10.1 No penalty is legally possible where ROI is held invalid (only for AY 2012-\n13, AY 2013-14 & AY 2015-16):\nThe undisputed facts available

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

b) CIT v. Smt. Minalben S. Parikh [1995] 215 ITR 81 (Guj), (c)\nCIT v. Ratlam Coal Ash Co. [1988] 171 ITR 141 (MP) & (d) CIT v. Arvind\nJewellers [2003] 259 ITR 502 (Guj).\n10.1 No penalty is legally possible where ROI is held invalid (only for AY 2012-\n13, AY 2013-14 & AY 2015-16):\nThe undisputed facts available

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

b) CIT v. Smt. Minalben S. Parikh [1995] 215 ITR 81 (Guj), (c)\nCIT v. Ratlam Coal Ash Co. [1988] 171 ITR 141 (MP) & (d) CIT v. Arvind\nJewellers [2003] 259 ITR 502 (Guj).\n10.1 No penalty is legally possible where ROI is held invalid (only for AY 2012-\n13, AY 2013-14 & AY 2015-16):\nThe undisputed facts available

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

B-2/4, Rajeev Gandhi Ward, Vinay Khand, Gomti Nagar, Lucknow on 06.04.2014 for sale consideration of Rs. 1,69,50,000/- whereas the stamp valuation authority has adopted the value of the property for the purposes of payment of stamp duty at Rs. 1,70,20,669/-. The assessee has shown full value of consideration of the property

RUPESH TAMBI,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

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

house. Both, such undisclosed\nincome and such undisclosed asset/house construction, are the undisclosed\nincome of the appellant as per the section 271AAB of the Act.\nReliance is also placed up on the judgment of Hon'ble ITAT, Jaipur Benchs-B,\nJaipur order in the case of Shri Raja Ram Maheshwari Vs. DCIT Central Circle-3,\nJaipur in ITA No. 992/JP/2017

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)

149 for such purpose, the AO could not have proceeded further with the reassessment proceedings. Reassessment proceedings as also subsequent recovery of tax are quashed and set aside. Mrs. ShubhashriPanickerVs. CIT (2018) 166 DTR 1 (Raj.) (HC) Notice under sec. 148 having been sent to an address where the assessee was not residing, presumption of service cannot be drawn

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 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 in the AO remand report.\n15\nITA NO. 469 & 470/JP/2024\nDCIT, CENTRAL CIRCLE-1, JAIPUR VS SHRI MAHAVEER KUMAR JAIN\n2.\nSECOND REASON : NO ADDITION SOLELY ON THE BASIS

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)

properties from the Income Tax Department:- 1. Shri Bheru Ram 2. Shri Khema Ram Choudhary 3. Shri Ram Prakash Sharma 4. M/s. Harshita Construction 5. Shri Lal Chand Sharma A copy of his current bank account along with confirmation letters/affidavits of the above said persons who are agriculturists and the amount was received by them from the Government of India

FEDERATION OF RAJASTHAN TRADE AND INDUSTRY,JAIPUR vs. ITO-EXEMPTION WARD-2, JAIPUR

In the result, the appeal filed by the assessee is allowed for statistical purposes

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

house property, Profits and gains of business or profession, or Income from other sources and the expression improvement shall be construed accordingly 1(2) 2[For the purposes of sections 48 and 49, cost of acquisition, (b) in relation to any other capital asset. ] (i) where the capital asset became the property of the assessee before the 41st

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

section 153A of the Act is annulled in appeal or any other proceeding. 16. Section 153A bears the heading "Assessment in case of search or requisition". It is "well settled as held by the Supreme Court in a catena of decisions that the heading or the Section Can be regarded as a key to the interpretation of the operative portion

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

section 153A of the Act is annulled in appeal or any other proceeding. 16. Section 153A bears the heading "Assessment in case of search or requisition". It is "well settled as held by the Supreme Court in a catena of decisions that the heading or the Section Can be regarded as a key to the interpretation of the operative portion

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

section 153A of the Act is annulled in appeal or any other proceeding. 16. Section 153A bears the heading "Assessment in case of search or requisition". It is "well settled as held by the Supreme Court in a catena of decisions that the heading or the Section Can be regarded as a key to the interpretation of the operative portion

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

B” JAIPUR\nश्री संदीप गोसाई, न्यायिक सदस्य एवं श्री राठौड़ कमलेश जयंतभाई, लेखा सदस्य के समक्ष\nBEFORE: HON'BLE SHRI SANDEEP GOSAIN, JM &\nHON'BLE SHRI RATHOD KAMLESH JAYANTBHAI, AM\nआयकर अपील सं. / ITA Nos. 179 & 178/JP/2024\nनिर्धारण वर्ष / Assessment Year : 2018-19 & 2012-13.\nBabu Lal Sharma,\n305, Kanak Vihar, Dhavas Walon Ki\nDhani, Amba Bari, Jaipur.\nबनाम