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

Section 147. Sec. 147 cannot be invoked for making fishing or roving enquiries in the matter. 9. The learned AO has failed in passing any speaking order on the specific issue raised by the assessee in his Objections- as to how the AO considered both the houses shown in the Balance Sheet as Residential Houses - which is in direct violation

INCOME TAX OFFICER, JAIPUR vs. VINOD KUMAR JHARCHUR HUF, JAIPUR

In the result, the ground raised by the assessee in the application filed under rule 27

house in allowing deduction under section property 154 of Rs.2429590/- only instead of actual expenses incurred of Rs.6154101/- thereby making addition of Rs.3724511/- Thus, from above it is clear that the assessee has taken a specific ground of appeal before the ld. CIT(A) with regard to the validity of the rectification proceedings on the ground that such a rectification

SHRI MANOHAR LAL CHOUDHARY,JAIPUR vs. ACIT, CIRCLE-6, JAIPUR

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

section 54 of the Act. 5. Regarding the other finding of the Assessing Officer that the nature of the property is that of shops as mentioned in the sale deed itself and the basement was constructed under the shops and therefore is a part of the shopping complex, it was submitted that from the perusal of the sale deed

INDIRA GIRI,JAIPUR vs. ASSESSING OFFICER, INCOME TAX DEPARMENT JAIPUR

The appeal of the assessee is allowed

Bench: The Due Date Of Furnishing Itr, Therefore Deposit In Capital Gain Account For Compliance U/S 54(2) Was Impossible On The Part Of The Assessee.

section 54F (1)b of the Income Tax Act. 5.1.1. In the computation of income, the appellant had claimed Rs.1,20,380/- as cost of acquisition, which was supported by a purchase deed of both the property. The AO noted that that the total cost of both the property amounted to Rs.1,02,225/- (Rs. 87,725/- Rs.14

M/S PRAMOD SAHAI BHATNAGAR HUF,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

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

26[Subject to the provisions of sub-section (2), where, in the case of an assessee 27 being an individual or a Hindu undivided family], the capital gain arises from the transfer of a long-term capital asset 28[***], being buildings or 29lands appurtenant thereto, and being a residential house 29, the income of which is chargeable under the head

ACIT, CIRCLE, BHARATPUR vs. M/S. JAGDAMBE STONE COMPANY, BHARATPUR

In the result, this appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

house property instead of income from business or profession. The ld DR has relied on the following decisions: (i) Karanpura Development Co. Ltd. Vs CIT (1962) 44 ITR 362 (SC) (ii) Palam Gas Service Vs CIT (2017) 81 taxmann.com 43 (SC) 4 ITA 1171/JP/2019_ ACIT Vs M/s Jagdambe Stone Company (iii) Shr Choudhary Transport Company Vs ITO (2020) 118 Taxmann.com

RENU PODDAR,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, JAIPUR

In the result the appeal of the assessee is allowed

house property. 1.3. The assessee was fulfilling all the conditions as contained in section 54F. 1.4. The assessee was eligible to claim deduction u/s 54F. 2. The only issue raised by ld. PCIT is with regards to the amount of deduction u/s 54F for which the assessee was eligible. 3. It is submitted that the case of the assessee

SAVITRI LEASING FINANCE LTD,JAIPUR vs. INCOME TAX OFFICER, WARD - 4(2), JAIPUR, JAIPUR

In the result, the appeal of the assesee is allowed

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

house property will not be eligible for carry forward following the same approach adopted in the assessment order. This issue is interlinked and emanating from the revised computation submitted by the appellant to the assessing officer and also to the findings of the assessing officer in the assessment order and it can be said that the depreciation was overlooked inadvertently

BHAGWAN SWAROOP AGARWAL,JAIPUR vs. ITO, JAIPUR

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

26,80,000/- as declared by the assessee. (c) In the facts and circumstances of the case and in law the CIT(A) has erred in confirming the action of the ld. AO in denying the exemption u/s 54 of Rs. 39,19,596/-. The action of the ld. CIT(A) is illegal, unjustified, arbitrary and against the facts

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)

Section 90(1)(a)(i) is clearly applicable to the facts of the case . 10. In the result, both the appeals of the assessee are allowed.” In the above decision, one of the properties is situated in Australia and the Hon’ble ITAT held that income from house property offered in the income tax return in Australia cannot be taxed

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 held under trust subject to certain conditions and does not go beyond in giving authority for computing total income. In the case of an assosseo rogistered u/s 12A of the Act, its total income is required to be computed in accordance with section 11, 12 & 13 of the Act and provision of these sections do not envisage any notional

SHREYA SINGHVI,JAIPUR vs. INCOME TAX OFFICER WARD 2(2) JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalshreya Singhvi, 80, Kiran Marg, Suraj Nagar Jaipur 302 006 Pan No.: Agmps 2639D ...... Appellant Vs.

26,40,966/- and indexed cost of acquisition amounting to Rs. 16,98,566/- are not under dispute by the department. In nutshell, the basic objections raised by the AO was that no new house property was constructed by the assessee, rather she renovated the existing one and the construction started on 12.09.2013, i.e. before the sale of capital asset

PINKCITY JEWELHOUSE PVT LTD. 76, DHULESHWAR GARDEN, JAIPUR,JAIPUR vs. DCIT, CIRCLE-2, JAIPUR, CIRCLE-2, JAIPUR

In the result, the appeal of the assessee is allowed

section 54 of the Income Tax Act, 1961. The action of the ld. PCIT is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by holding the observation of ld. PCIT as illegal, contrary to facts available on record and beyond jurisdiction. Accordingly, the revision order of ld. PCIT passed u/s 263 may please

PRAKASH PANDHARINATH BAKRE,INDORE vs. PR.CIT-1, JAIPUR

In the result, the appeal of the assessee is allowed

section 54 of the Income Tax Act, 1961. The action of the ld. PCIT is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by holding the observation of ld. PCIT as illegal, contrary to facts available on record and beyond jurisdiction. Accordingly, the revision order of ld. PCIT passed u/s 263 may please

SHRI AVNISH BANSAL ,JAIPUR vs. INCOME TAX OFFICER, WARD-3-1, JAIPUR

In the result, the penalty so levied in both the cases is hereby directed to be deleted

house property. While the assessee has by mistake claimed deduction under section 54, the AO on examination found that the right provisions for allowing deduction is section 54F and he therefore allowed the deduction under section 54F of the Act. It is therefore not a case where the claim of the assessee is patently illegal or not allowable

M/S G.D. TAMBI & SONS,JAIPUR vs. ACIT, CIRCLE-3, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

house property. Ld. DR also filed a detailed written submission and case laws in support of her contention to support the orders of the lower authority. The written submission filed by the ld. DR reads as follows: It is most respectfully submitted that the revenue is placing reliance on Judgement of Hon'ble Delhi High Court in the case

M/S G.D. TAMBI & SONS,JAIPUR vs. ACIT, CIRCLE-3, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

Bench: moving towards the facts of the case we would like to mention that the assessee has assailed the appeal for assessment year 2015-16 in

house property. Ld. DR also filed a detailed written submission and case laws in support of her contention to support the orders of the lower authority. The written submission filed by the ld. DR reads as follows: It is most respectfully submitted that the revenue is placing reliance on Judgement of Hon'ble Delhi High Court in the case

ACIT(EXEMPTION), JAIPUR vs. MAHIMA SHIKSHA SAMITI, JAIPUR

In the result, all the grounds taken by the Revenue are dismissed and ground taken by the assessee society is allowed

houses in India for residential purposes and which is eligible for deduction under clause (viii) of sub-section (1) of section 36; (ixa) deposits with or investment in any bonds issued by a public company Mahima Shiksha Samiti, Jaipur vs. ACIT,(Exemption), Jaipur formed and registered in India with the main object of carrying on the business of providing long