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 (2), where, in the case of an assessee42 being an individual or a Hindu undivided family], the capital gain arises from the transfer of a long-term capital asset 43[***], being buildings or 44lands appurtenant thereto, and being a residential house44, the income of which is chargeable under the head "Income from house property

WEALTHY SKY DEVELOPMENT PRIVATE LIMITED,JAIPUR vs. PR.CIT-1, JAIPUR

In the result, the appeal of the assessee is allowed

house property”, “ Capital gains” and Income from other sources”], or a company the principal business of which is the business of [trading in shares or] banking or the granting of loans and advances consists in the purchase and sale of shares of other companies, such company shall, for the purposes of this section, be deemed to be carrying

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

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

section 147 of the Act. The AO considered deemed sale consideration as per stamp duty value u/s 50C at Rs. 43,08,360/-, disallowed claim of cost of construction (after indexation) amounting to Rs. 5,24,602/- and disallowed claim of deduction u/s 54 amounting to Rs. 12,00,000/-while computing capital gains on sale of immoveable property

JAIPUR TELECOM PVT. LTD,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

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

house property” till A.Y. 2012-13. W.e.f. Assessment Year 2013-14, assessee started showing rental income as “Business Income” and simultaneously started charging depreciation on such rented buildings. During the course of scrutiny assessment, it was stated by ld.AO that depreciation on buildings was to be charged on Written Down Value as computed in accordance with explanation to section 43

JAIPUR TELECOM PRIVATE LIMITED,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

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

house property” till A.Y. 2012-13. W.e.f. Assessment Year 2013-14, assessee started showing rental income as “Business Income” and simultaneously started charging depreciation on such rented buildings. During the course of scrutiny assessment, it was stated by ld.AO that depreciation on buildings was to be charged on Written Down Value as computed in accordance with explanation to section 43

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

section 194C(7) of the Act. The ld DR has further submitted that the ld. CIT(A) has also erred in treating the rental income received from M/s L&T Ltd. as Income from house property instead of income from business or profession. The ld DR has relied on the following decisions: (i) Karanpura Development

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

43, the Gujarat High Court held that no single factor including whether or not the property newly acquired by the assessee was wholly or substantially acquired by him for the purpose of his own residence after purchase or construction, as the case may be, would be determinative of the matter. Even if the new property was not substantially

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR vs. SMT. KULWANT KAUR, ALWAR

In the result, appeal of the revenue is dismissed

Bench: The Itat By Taking Following

section 54 of the Act is applicable and if there is no residential property then deduction u/s 54F of the Act would be available. As, there is no dispute about investment of the sale proceed by the assessee in a residential property. Therefore, it is my considered view that on the basis of plethora of evidences produced both during assessment

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

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

43,350 and investment in house property amounting to Rs 41,60,100 which was claimed under section 54 of the Act. The computation

NIRMAL KUMAR DUGAR , JAIPUR vs. INCOME TAX OFFICER WARD 2(1) JAIPUR , JAIPUR

Appeal is allowed

Bench: This Appellate Tribunal.

house property and other sources. Accordingly, the assessee was called upon to show cause as to why said amount be not treated as speculative loss in view of the provisions of section 43

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

SHRI DHARMENDRA KUMAR PAREEK,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

house built upon the land, therefore, the AO denied the claim of deduction under section 54 of the IT Act. The assessee challenged the action of the AO before the ld. CIT (A) but could not succeed. The ld. CIT (A) has also considered the entire property being agricultural land in terms of section 2(1A) which defines Agricultural income

DAULAT SINGH HALDEA,JAIPUR vs. ITO WD 3(3), JAIPUR

The appeal is partly allowed as regards

Bench: SHRIGAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

house property Rs. 1,84,800/- Income from Short term Capital Gain Rs. 5,43,882/- Income from other sources Rs. 72,282/- Add: Long term Capital Gain as discussed above Rs. 1,55,00,000/- Gross total income Rs. 1,63,00,964/- Less: deduction u/s 80C Rs. 27,500/- Total taxable income Rs. 1,62,73,464/- Rounded

PARVINDER KAUR,JAIPUR vs. PCIT-1, JAIPUR

In the result, the appeal of the assessee is allowed

section 54F being making investment in residential house property and holding the same for atleast 3 years were fulfilled. 8 I.T.(I.T.)A. No. 64/JP/2021 Parvinder Kaur v. PCIT A11.Ld. PCIT has erred in placing reliance on the decisions which are as under: a. Hon’ble Karnataka High Court in the case of CIT vs K Ramachandra

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)

section 143(3) of the Income Tax Act, 1961 [ for short Act ] which were passed on 20.12.2017 & 24.11.2018. 2. Since the issues involved in these appeals in ITA Nos. 176 & 177/JP/2025 for A.Ys 2015-16 & 2016-17 are interrelated, identical on facts and are almost common, except the difference in figure disputed in each appeal, therefore, these appeals were heard

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

section 143(3) of the Income Tax Act, 1961 [ for short Act ] which were passed on 20.12.2017 & 24.11.2018. 2. Since the issues involved in these appeals in ITA Nos. 176 & 177/JP/2025 for A.Ys 2015-16 & 2016-17 are interrelated, identical on facts and are almost common, except the difference in figure disputed in each appeal, therefore, these appeals were heard

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