KRISHNA BUILD HOME PRIVATE LIMITED,JAIPUR vs. ASST. COMMISSIONER OF INCOME TAX (HOLDING CHARGE OF ITO WARD 4(2)), JAIPUR

Bench: The Learned Ao, The Reassessment Proceeding Is Illegal, Bad In Law, Without Jurisdiction & Is Based On Wrong Facts & On Change Of Opinion & In Gross Violation Of Proviso To S. 147 Of The It Act, Which Says No Action Can Be Taken M/S. Krishna Build Home Pvt. Ltd., Jaipur.

section of Income from House Property, the property for the purposes of any business or profession will not be covered under the provision of computing the income under head Income from house property. In the case of the assessee profit derived from sale of unsold stock is taxable as Income from Business or Profession. The unsold units so constructed

SMT RAMA BAJAJ,JAIPUR vs. INCOME TAX OFFICER, WARD-4-2, JAIPUR

In the result, appeal of the assessee is allowed

sections as follows: 9 Smt. Rama Bajaj, Jaipur Vs. ITO, Jaipur S. No. Particulars Amount (In Rs.) Interest to be allowed under Income from 1. Other Sources 2,74,705/- Balance Interest to be allowed under Income 2. from House Property a) Rented House Property- 81

VIRENDRA SINGH BHADAURIA,JAIPUR vs. PR. CIT-3, , JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 255/Jp/2020 Assessment Year: 2015-16 Virendra Singh Bhadauriya, Cuke Pr.Cit-3, Vs. 71, Mansa Nagar, Shirsi Road, Jaipur. Jaipur-302012. Pan No.: Aaepb 0767 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Ms. Datyani Pandey (Adv) & Shri Rajiv Pandey (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 10/02/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 25/03/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit-3, Jaipur Dated 16/03/2020 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) For The A.Y. 2015-16. The Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case Ld. Pr. Commissioner Of Income Tax-3, Jaipur Erred In:- Ground No.1:- In Holding That The Assessment Order Dt.26.12.2017 Passed U/S 143(3) By Assessing Officer To Be Erroneous In So Far As Is Prejudicial To Interest Of Revenue On Issues Of 2

house property is 1/2nd . 3.10. Based on the above discussed facts, working of Long term capital gain & deduction claimed u/s 54F is being recomputed as under:- Full value of consideration as shown by 17000206 assessee in his ITR Less: Indexed cost of acquisition & 3184911 construction Net long term capital gain 13815295 Deduction u/s 54F of the IT Acrt,1961 (LTCG

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

house property of Rs.11,19,700/-, interest from FDRs of\nRs.10,43,740/- and consultancy fee of Rs.1,70,000/-. The authorities below however\nrejected the revised return saying 13 ITA NO. 968/JP/2019 SURESH MAL LODHA VS\nACIT, CIRCLE-6, JAIPUR that the original return of income was not filed u/s 139(1).\nMoreover, it was not a case

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

house property of Rs.11,19,700/-, interest from FDRs of\nRs.10,43,740/- and consultancy fee of Rs.1,70,000/-. The authorities below however\nrejected the revised return saying 13 ITA NO. 968/JP/2019 SURESH MAL LODHA VS\nACIT, CIRCLE-6, JAIPUR that the original return of income was not filed u/s 139(1).\nMoreover, it was not a case

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

house property of Rs.11,19,700/-, interest from FDRs of\nRs.10,43,740/- and consultancy fee of Rs.1,70,000/-. The authorities below however\nrejected the revised return saying 13 ITA NO. 968/JP/2019 SURESH MAL LODHA VS\nACIT, CIRCLE-6, JAIPUR that the original return of income was not filed u/s 139(1).\nMoreover, it was not a case

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

house property of Rs.11,19,700/-, interest from FDRs of\nRs.10,43,740/- and consultancy fee of Rs.1,70,000/-. The authorities below however\nrejected the revised return saying 13 ITA NO. 968/JP/2019 SURESH MAL LODHA VS\nACIT, CIRCLE-6, JAIPUR that the original return of income was not filed u/s 139(1).\nMoreover, it was not a case

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

house property of Rs.11,19,700/-, interest from FDRs of\nRs.10,43,740/- and consultancy fee of Rs.1,70,000/-. The authorities below however\nrejected the revised return saying 13 ITA NO. 968/JP/2019 SURESH MAL LODHA VS\nACIT, CIRCLE-6, JAIPUR that the original return of income was not filed u/s 139(1).\nMoreover, it was not a case

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.

property used for residence - Assessment year 2006-07 - Assessee sold share of his residential flat on 7-3-2006 and earned capital gain of Rs. 9.98 lakh - It booked a new flat with a builder and claimed exemption under section 54 - Assessing Officer denied exemption on ground that assessee could neither prove possession of residential flat within a period

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

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

In the result the appeal of the assessee is allowed

Housing Finance Ltd [PB 93- 104] 5.3. Details of payments made to seller and source thereof [PB 81] Details of payments made to seller and source thereof [PB 81] Details of payments made to seller and source thereof [PB 81] 5.4. Bank Statements of all the joint owners evidencing direct payments to Bank Statements of all the joint owners evidencing

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

In the result, the appeal of the assessee is allowed

section 69 of the Act. With the Following remarks, the income of the assessee is calculated as under:- Particulars Amount (Rs.) Income from salary ( as declared) Rs. 24,00,000/- Income from House property (as declared) Rs. 10,81

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

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.”

81 taxmann.com 62 (Mumbai - Trib.), which reads as under: "Section 54F of the Income-tax Act, 1961 - Capital gains - Exemption of, in case of investment in residential house (Condition precedent) - Assessment year 2011-12 - Assessee transferred shares on which long term capital gain of Rs. 92.66 lakhs was earned - Assessee purchased an under construction residential property

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

Property- Rs. 8,17,320\n1.3. Income from Other Sources- Rs. 23,00,000\n2. It is submitted that there is no basis whatsoever through which the present additions were\nmade by the ld. AO to the income of the assessee.\n3. The assessee had not earned any such income during the year under consideration.\nEquating the income

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

In the result, appeal of the assessee is allowed

property as required u/s 54 and thus, assessee is entitled to claim deduction under section 54 on the sale value of the residential house constructed on such agricultural land. The ld. A/R submitted that without prejudice to above, in case even it is assumed that the residential house sold by the assessee on the agricultural land is not eligible

GOVERDHAN PRASHAD SINGHAL,JAIPUR vs. ACIT/DCIT, JAIPUR

81,00,000/- coincides with the fair market value of property prevailing on the date of transfer of property. The ld. CIT(A) ignored the fact that the objection raised by the appellant during the assessment proceedings giving full particulars of the fair market value of the property. 2. That on the facts and circumstances of the case

DCIT, C-6, JAIPUR vs. GOVERDHAN PRASAD SINGHAL, JAIPUR

81,00,000/- coincides with the fair market value of property prevailing on the date of transfer of property. The ld. CIT(A) ignored the fact that the objection raised by the appellant during the assessment proceedings giving full particulars of the fair market value of the property. 2. That on the facts and circumstances of the case

M/S. GANPATI GLOBAL PRIVATE LTD.,JAIPUR vs. ITO, WARD1(4), JAIPUR

In the result, the appeal of the assessee is dismissed

81 taxmann.com 168. It was submitted that the Coordinate Bench in the said decision has exhaustively considered and analysed the decision of Hon’ble Supreme Court in case of Tuticorim Alkali Chemicals and Fertilizers Ltd. vs. CIT as well as its subsequent decisions in case of CIT vs. Bokaro Steel Limited (supra) and Bongaigaon Refinery and Petrochemicals