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

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

LATE SH. SHEKHAR DHARIWAL THROUGH L/H SMT. NIKITA DHARIWAL,DHARIWAL BHAWAN, SHASTRI MARKET, KOTA vs. ITO, WARD-2(2), KOTA

In the result, the appeals of the assessee are partly allowed for statistical purposes

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

house property at 82, Rajeev Gandhi Nagar, Kota owned by assessee’s wife Smt. Nikita Dhariwal under the income from other sources by making various incorrect and irrelevant observations. 3.2 Brief facts of the case are that the assessee filed the return on 23.03.2015 declaring income of Rs.4,86,710/- after claiming deduction under Chapter

KULDEEP SINGH SHEKHAWAT,KOTA vs. ITO W-2(1), KOTA, KOTA

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Gagan Goyalkuldeep Singh Shekhawat, 11, Samridhi Traders, Police Line, Gopal Vihar, Baran Road-324001 Pan No. Araps0973M ...... Appellant Vs. Income Tax Officer, Ward-2(1), Kota …... Respondent

house under section 54 or 54F is to be considered till the date of filing return of income under section 139(4) of the Act. Reliance in this regard has been placed on the following decisions: 1. CIT v. Smt. Umayal Annamalai [2020] 118 taxmann.com 80/273 Taxman 146 (Mad.). 2. Dr. Kushagra Kataria v. Dy. CIT [2019] 101 taxmann.com 359/174

SH. NARENDAR KUMAR AGARWAL,JAWALI BHAWAN, STATION ROAD, ALWAR vs. PCIT, JAIPUR-1, JAIPUR

In the result the appeal of the assessee is allowed

section 50C supported by the case laws was filed. (c) In reply dt. 20.11.2019 (PB 25-28), the blindness certificate of brother, evidence of brokerage paid on sale of land and evidence of expenditure incurred on the agriculture land was filed. (d) In reply dt. 21.11.2019, explanation with respect to investment in house property and evidence of expenditure incurred

LATE SH. BANWARI LAL SOOTHWAL, THROUGH LEGAL HEIR SH. SHYAM LAL SOOTHWAL,JAIPUR vs. ITO, WARD-1(5), JAIPUR, JAIPUR

In the result, appeal of the assessee is Allowed

properties belong to M/s Rani Dadi Buildcon Pvt.\nLtd. who has incorporated the same in their sales and\niii)\nsimilar issue was raised in AY 2012-13 where no\naddition was made. He has further erred in not allowing\nthe deduction for indexed cost of acquisition in\ncomputing the long term capital gain and by substituting\nthe actual sales consideration

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

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

section 263, directed AO to make fresh assessment on issues which were not subject matter of limited scrutiny—Since, issue raised by assessee in this case has already been decided in favour of assessee Pr. CIT(A) has exceeded jurisdiction u/s 263 by directing AO to make fresh assessment on issues which were not subject matter of assessment framed

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

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 property, professional income and income from other source. The case of the assessee was selected under CASS for the reason of "Purchase of property". During the assessment proceedings, notice u/s 142(1) of the Income Tax Act, 1961 (in short, the Act) along with questionnaire was issued to the assessee asking various details w.r.t. the purchase of property

SANJAY KUMAR KARNANI,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, all appeals of the assessee are disposed off in terms of

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

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 explained

SHRI AMBICA GARMENTS, JODHPUR,JODHPUR vs. ACIT, CENTAL CIRCLE-3, JAIPUR, JODHPUR

In the result, all appeals of the assessee are disposed off in terms of

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 explained

SANJAY KUMAR KARNANI,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, all appeals of the assessee are disposed off in terms of

Bench: AO on 12-04-2021 18. Reply filed before AO on 15-07-2021 19. Additional Written Submissions filed before CIT(A) for AY 2014-15 on 11-11-2024 20. Written Submissions filed before CIT(A) for AY 2014-15 21. Written Submissions filed before CIT(A) for AY 2015-16 on 10-10-2024 22. Written Submissions filed before CIT(A) for AY 2016-17 on 10-10-2024 23. Written Submissions filed before CIT(A) for AY 2017-18 on 15-10-2024 24. Written Submissions filed before CIT(A) for AY 2018-19 on 15-10-2024 25.

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 explained

SHRI AMBICA GARMENTS, JODHPUR,JODHPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, all appeals of the assessee are disposed off in terms of

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

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 explained

SHRI AMBICA GARMENTS, JODHPUR,JODHPUR vs. ACIT, CENTAL CIRCLE-3, JAIPUR, JAIPUR

In the result, all appeals of the assessee are disposed off in terms of

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 explained

RAJ KUMARI AGARWAL,JAIPUR vs. ACIT CEN CIR 2, , JAIPUR

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

house property, business and other sources. The assessee filed return declaring total income of Rs. 14 Raj Kumari Agarwal vs. ACIT 3,08,89,860/- on 31/10/2017. The case of the assessee was taken up for scrutiny and the assessment stands completed on total income of Rs. 4,08,89,860/-, vide order u/s 143(3) dated 15/11/2019. While completing

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)

159 taxmann.com 8 (Raipur - Trib.)/[2023] 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

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)

159 taxmann.com 8 (Raipur - Trib.)/[2023] 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

PINK CITY JEWEL HOUSE PRIVATE LIMITED ,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), JAIPUR

159-174]. The reasons recorded for initiating reassessment\nproceedings were provided to the assessee appellant [PB 656-666] &\nthe assessee appellant filed objection letter dated 29.10.2018 [PB 667-670]. That\nin the reasons recorded for initiating reassessment proceedings initiated for\nthe Assessment Years 2012-2013 to 2015-2016 it was alleged that assessee\nis transferring semi-finished goods from

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. RISHIRAJ SINGH, JHALAWAR

In the result, the appeal of the revenue is dismissed

Section 68 is hereby deleted.\n6.5 Grounds No.5: The assessing officer has made the addition of Rs.48,38,133/-\non account of sundry creditors. This assessee has submitted that majority of the\nSundry Creditors are Government Authorities and such creditors have been paid\nin succeeding years through banking channels and were outstanding on account\nof genuine business transactions The submissions