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

164 (CAL.) in which Hon’ble HC has held as under: ‘Section 250(4), read with section 251, of the Income-tax Act, 1961 - Deputy Commissioner (Appeals)/Commissioner (Appeals) - Powers of - Assessment year 1982-83 - Whether, on facts stated under heading 'Best judgment assessment', Commissioner (Appeals) had power and jurisdiction for computing total income on basis of past records

BHIWADI INTEGRATED DEVELOPMENT AUTHORITY,BHIWADI, ALWAR vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), JAIPUR

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

properties, funds and dues referred to in clause (a) the functions of the Trust under this Act shall be discharged by the Municipal Board as if it were the Trust under this Act; and (d) the Municipal Board shall keep separate accounts of all moneys respectively received and expended by it under this Act, until all loans raised hereunder have

JAIPUR ENGINEERING COLLEGE JAIPUR RAJASTHAN SOCIETY,JAIPUR vs. CIRCLE (EXEMPTION), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed for statistical purposes

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

Section 164 (2) of the Act and the Court decision referred above. Thus Ground No. 1 is restored to file of the AO to decide it afresh by providing opportunity of hearing to the assessee. 5.1 In Ground No. 2, the assessee is aggrieved that the Ld. CIT(A), NFAC has erred on facts and in law in confirming

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

164(2) of the Income Tax Act reads as under- (2) In the case of relevant income which is derived from property held under trust wholly for charitable or religious purposes, "for which is of the nature referred to in sub-clause (a) of clause (24) of section 2.] for which is of the nature referred to in sub-section

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)

164(2) is to be levied on the income earned from non-exempt asset - whether holding of ineligible assets is sufficient to attract the provisions of Section 13(1)(d)(iii) - Held that:- When the shares are forming part of corpus after 1st June, 1973, question of accretion does not even arise thus the investment in right-issue cannot

CAREER POINT LIMITED,KOTA, RAJASTHAN vs. PRINCIPAL COMMISSIONER OF INCOME TAX, UDAIPUR, RAJASTHAN

In the result, the appeal of the assessee is allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

164-189) In the case it was held that where assessee's own interest-free funds in form of share capital and free reserves were more than its investment yielding exempt dividend income, impugned order passed by Assessing Officer making interest disallowance under section 14A in relation to such exempt income was to be set aside. (viii) HIGH COURT

SHRI VASUDEV AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, KOTA

In the result, appeal of the assessee is allowed and the appeal of the revenue

164-167 of paper book) Copy of relevant page of bank statement showing the entry of payment received against sales of shares (page nos.168-174 of paper book) (C) DEMAT ACCOUNT STATEMENT OF FOLLOWING SHARES BROKERS IN RESPECT OF SALES & PURCHASE OF SHARES (Page nos. 175-177 of paper book) : • Suresh Rathi Securities Private Limited • Hem Securities Limited • Arihant Capital Markets

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

The appeal stands allowed

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

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

NATWAR LAL SHARDA,JAIPUR vs. PCIT-2, JAIPUR

In the result, the appeal of the assessee is allowed

section 56(2)(iii), any income by way of letting out of plant & machinery alongwith factory if not chargeable under the head “Business & Profession” than it would be chargeable to tax under the head “income from other sources”. Accordingly, the rental income of Rs.15 lakhs was chargeable under the head “income from other sources” and no deduction

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

In the result, the appeal filed by the assessee is allowed

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

2, reasons for belief of escapement of income is not as per law considering following facts:  Though reference about receipt of information from investigation wing has been given, no reference has been provided about the nature of information, nature of investigation carried on by the investigation wing and the basis of the allegation, which leads to conclusion that legal transaction

PINCITY JEWLHOUSE PVT. LTD.,JAIPUR vs. PCIT, CC, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: the date of hearing." 3. At the outset of hearing, the Bench observed that there is delay of 58 days in filing of the present appeal by the assessee for which the Id. AR of 3

164] 11. That the case of the assessee appellant prior to and subsequent to the survey proceeding was regularly selected for the scrutiny assessment / reassessment and details of additions / disallowances made vide assessment orders prior to survey and post survey are as under: Assessment Year Issue under Scrutiny Particulars Paper Book Detail 2010-2011 Claiming Deduction Income Accepted

SHREE CEMENT LIMITED,BANGUR NAGAR vs. ACIT, CENTRAL CIRCLE, AJMER

In the result, the appeal of the assessee - appellant in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

sections (4) to (10) and as increased by the applicable surcharge, for the purposes of the Union, calculated in the manner provided therein, shall be further increased by an additional surcharge, for the purposes of the Union, to be called the “Health and Education Cess on income-tax”, calculated at the rate of four per cent of such income

SHRI RAJA RAM MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR

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

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SHRI RAJESH CHACHWANI,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result, the appeal of the assessee is dismissed

164 ITR 296 Income Tax Officer vs. Kamal Kumar Mishra 143 ITD 686 (Lucknow) 4 Shri Rajesh Chachwani, Jaiupr. Thus the ld. A/R has submitted that the income surrendered by the assessee is income from other sources and, therefore, the business losses declared by the assessee are eligible for set off against the said income. 3.1. As regards not allowing

SHRI JITENDRA KUMAR AGARWAL,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, based on the discussion so recorded here in above both

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

2. That the goods received on approval and considered as unaccounted sale should be treated as receipt of goods. 3. That necessary credit for the duplicate/ multiple entries deserve to be allowed. 4. That the credit of additions that have also been made in the case of Shri Chandra Prakash Agrawal (appellant’s father) should be allowed. Shri Jitendra Kumar

DCIT, CC-2, JAIPUR vs. SHRI JITENDRA KUMAR AGARWAL, JAIPUR

In the result, based on the discussion so recorded here in above both

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

2. That the goods received on approval and considered as unaccounted sale should be treated as receipt of goods. 3. That necessary credit for the duplicate/ multiple entries deserve to be allowed. 4. That the credit of additions that have also been made in the case of Shri Chandra Prakash Agrawal (appellant’s father) should be allowed. Shri Jitendra Kumar

DCIT, CC-2, JAIPUR vs. SHRI JITENDRA KUMAR AGARWAL, JAIPUR

In the result, based on the discussion so recorded here in above both

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

2. That the goods received on approval and considered as unaccounted sale should be treated as receipt of goods. 3. That necessary credit for the duplicate/ multiple entries deserve to be allowed. 4. That the credit of additions that have also been made in the case of Shri Chandra Prakash Agrawal (appellant’s father) should be allowed. Shri Jitendra Kumar

SHRI JITENDRA KUMAR AGARWAL,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, based on the discussion so recorded here in above both

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

2. That the goods received on approval and considered as unaccounted sale should be treated as receipt of goods. 3. That necessary credit for the duplicate/ multiple entries deserve to be allowed. 4. That the credit of additions that have also been made in the case of Shri Chandra Prakash Agrawal (appellant’s father) should be allowed. Shri Jitendra Kumar