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

property within stipulated time, irrespective of any number of residential houses owned by him. In this case, the assessee has fully complied with all the conditions of Sec. 54 therefore, he is entitled to claim a deduction u/s 54. This deduction was correctly allowed to him by learned CIT(A). 12. In this case, the assessee has claimed deduction

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

29,590/- which was rectified by applying the provision of section 154 of the Act. 4. The assessee challenged the action of the AO before the CIT(A) on both counts i.e. first that exemption so disallowed is not amenable within the provision of rectification proceedings as provided in section 154 of the Act and second that no proper opportunity

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

house property for the purpose of penalty u/s 271(1)(c).\n11.3 Supporting case laws:\n11.3.1 A useful reference on this aspect can be made to the decision in ACIT vs.\nShri A.N. Annamalaisamy, 87 DTR 202 (Chnn. Trib) (DC 36-37) also supports\nthe contention. The relevant part in para 7 is reproduced as under:\n“7. We find

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

house property for the purpose of penalty u/s 271(1)(c).\n11.3 Supporting case laws:\n11.3.1 A useful reference on this aspect can be made to the decision in ACIT vs.\nShri A.N. Annamalaisamy, 87 DTR 202 (Chnn. Trib) (DC 36-37) also supports\nthe contention. The relevant part in para 7 is reproduced as under:\n“7. We find

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

house property for the purpose of penalty u/s 271(1)(c).\n11.3 Supporting case laws:\n11.3.1 A useful reference on this aspect can be made to the decision in ACIT vs.\nShri A.N. Annamalaisamy, 87 DTR 202 (Chnn. Trib) (DC 36-37) also supports\nthe contention. The relevant part in para 7 is reproduced as under:\n“7. We find

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

house property for the purpose of penalty u/s 271(1)(c).\n11.3 Supporting case laws:\n11.3.1 A useful reference on this aspect can be made to the decision in ACIT vs.\nShri A.N. Annamalaisamy, 87 DTR 202 (Chnn. Trib) (DC 36-37) also supports\nthe contention. The relevant part in para 7 is reproduced as under:\n“7. We find

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

house property for the purpose of penalty u/s 271(1)(c).\n11.3 Supporting case laws:\n11.3.1 A useful reference on this aspect can be made to the decision in ACIT vs.\nShri A.N. Annamalaisamy, 87 DTR 202 (Chnn. Trib) (DC 36-37) also supports\nthe contention. The relevant part in para 7 is reproduced as under:\n“7. We find

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

29 ITA 1171/JP/2019_ ACIT Vs M/s Jagdambe Stone Company provision of section 194C(6) of the Act has given the exemption from deducting taxes if the transporters have furnished PAN details to the persons paying or crediting such sums. Therefore, the provision of section 40(a)(ia) of the Act is not applicable as the no tax is deductible

SMT. SAROJ SHARMA,JAIPUR vs. ACIT, CIRCLE-3, JAIPUR

29,207/- from FITJEE. It is an admitted fact that the rent has been received from an independent portion of the building and the function of the tenant are not related with the assessee’s business and the terms and conditions of JDA, nowhere mentions that the assessee is not entitled to use the land for any other purpose except

DY.CIT, CIRCLE-3, JAIPUR vs. SMT. SAROJ SHARMA, JAIPUR

29,207/- from FITJEE. It is an admitted fact that the rent has been received from an independent portion of the building and the function of the tenant are not related with the assessee’s business and the terms and conditions of JDA, nowhere mentions that the assessee is not entitled to use the land for any other purpose except

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.

house property before the date of filing the return of income is not conclusive.” Appellant wishes to mention that post-dated cheques issued for arising from an agreement attract Section 138 of the Negotiable Instrument Act, 1881, as the balance amount of Rs. 84,27,600/-, paid by issuing post-dated cheques, had become legally payble by the appellant pursuant

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)

section 275(1A) of the Act. Before parting it is stated that even though the claimed modified ground of appeal number 1 of the appellant has not been admitted, without prejudice, it is stated that the ground raised by the appellant stands covered by the above detailed discussion and the ground of appeal number 1 raised by the appellant stands

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

sections 147/148 of the Act and those powers\nare saved.\nIt is further noted that no incriminating material was found during\nsearch operations in respect of the construction of 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

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

In the result, the appeal of the assessee is allowed

property on 24.11.2014 and it thus satisfies the requirement and mandate for claiming exemption under section 54 of the Act. What is relevant to determine is the date of purchase and such date of purchase is evidenced by the purchase deed reflecting the final payment and taking over the possession of the flat. Merely because the assessee has made payments

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

property on 24.11.2014 and it thus satisfies the requirement and mandate for claiming exemption under section 54 of the Act. What is relevant to determine is the date of purchase and such date of purchase is evidenced by the purchase deed reflecting the final payment and taking over the possession of the flat. Merely because the assessee has made payments

GIRIRAJ PRASAD,KOTA vs. INCOME TAX OFFICER, BUNDI

In the result, the appeal of the assessee is allowed

House No. 19, Jaihind\nNagar Ist, Gram Rampura, Baran Road, Tehsil Ladpura, Kota, to claim exemption\nunder Section 54F. The payments for the purchase were made as follows:\nDate of\nTransaction\nMode of payment\nExplanation\nAmount (Rs.)\n25.05.2015\nCash\nCash paid along with the\nagreement, out of agricultural\nincome\n50,000\n26.05.2015\nCash\nCash paid out of agricultural\nincome

URBAN IMPROVEMENT TRUST (NOW KOTA DEVELOPMENT AUTHORITY),KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee’s income is found to be not chargeable under the Income Tax Act at all and the AO is directed to delete the additions made, irrespective of the head of income

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalacit, Exemption, Circle, Jaipur ...... Appellant Vs.

house property’. 6. Under the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in not allowing various expenditure incurred by Appellant Trust in entirety. 7. Under the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in not allowing the set off of losses against the total

ACIT, EXEMPTIONS, CIRCLE , JAIPUR, JAIPUR vs. URBAN IMPROVEMENT TRUST, KOTA

In the result, the assessee’s income is found to be not chargeable under the Income Tax Act at all and the AO is directed to delete the additions made, irrespective of the head of income

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalacit, Exemption, Circle, Jaipur ...... Appellant Vs.

house property’. 6. Under the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in not allowing various expenditure incurred by Appellant Trust in entirety. 7. Under the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in not allowing the set off of losses against the total

JAGDISH KUMAR ARORA,BHAWANIMANDI vs. DCIT, CENTRAL CIRCLE- KOTA, KOTA

In the result, the appeal of the assessee is allowed

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

house 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