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

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

DR. ASHA MATHUR,GUJRAT vs. ASSISTANT COMMISSIONR OF INCOME TAX, CIRCLE-1, JAIPUR

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

Bench: The Itat By Taking Following

property for the purpose of section 54. Hence, the deduction of Rs.1,13,35,940/- claim by the assessee as deduction u/s 54 is not allowable. In this regard I would like to submit that apart from your lordship’s decision cited above in the case of Surendra Sharma there are a number of decisions of similar nature such

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

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 "Income from house property

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

M/S RAJ LANDMARK PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER, WARD-3-2, JAIPUR

In the result, appeal of the assessee is allowed

29,299 sq.ft. of furnished commercial space. The Assessing Officer accordingly, proposed to assessee the income from house property as per the provisions of Section

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

SMT. BIRMA DEVI,JAIPUR vs. INCOME TAX OFFICER, WARD-6-2, JAIPUR

In the result, appeal of the assessee is allowed in terms indicated

Bench: The Hearing Of This Appeal.”

house property. (iii) Nipun Mehtotra vs. Assistant Commissioner of Income Tax (Banglore Tribunal) 113 TTJ 0223 Perusal of sub-s. (4) of s. 54 shows that the assessee has to utilize the amount for the purchase or construction of the new asset before the date of furnishing the return of income under s. 139. There is no mention

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

SHRI VIKAS SONGARA,AJMER vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

In the result, ground taken by the assessee is dismissed

Bench: Him On Merit By Simply Stating That Assessee Has 2 Sh. Vikas Songara, Ajmer Vs. Dcit, Circle-1, Ajmer

29,798/- house property at Rs.15,74,060/- Capital Gain Rs.11,56,31 5. The AO however rejected the application filed by the assessee u/s 154 stating that the above said contentions of the assessee have been duly considered but not found acceptable. The assessee has claimed a deduction which was not available to him. Hence, the application