INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

property during the F.Y 2011-12 to 2013-14. The re-assessment order was passed u/s 143(3)/147 of the Act by making addition u/s 68 to the tune of Rs 90,00,385 on account of share application/premium received from M/s Agarani Credit and Finvest Pvt. Ltd.,M/s Darshan Enclave Pvt. Ltd., M/s Harsharatna Investment

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

u/s 54/54F. Therefore, this will not constitute a separate house for the purpose of computing the limit of ‘owns more than one residential house, other than the new asset’ as per provisions of Proviso to Sec. 54F. 14. Therefore, on 27/7/2012, when the impugned Residential House Property was sold for a sum of Rs. 1,00,00,000, the assessee

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.

reassessments under section 147 read with section 143(3) for both the years and made the additions on account of income from house property by determining the annual letting value of the closing stock being 25,810 sq. ft. of constructed area @ Rs. 24/- per sq. ft. for the A.Y. 2010-11 and 19,105 sq. ft. of constructed area

KRISHNA BUILD HOME PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER, WARD 4(2), JAIPUR, 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.

reassessments under section 147 read with section 143(3) for both the years and made the additions on account of income from house property by determining the annual letting value of the closing stock being 25,810 sq. ft. of constructed area @ Rs. 24/- per sq. ft. for the A.Y. 2010-11 and 19,105 sq. ft. of constructed area

LATE SH. SHEKHAR DHARIWAL THROUGH L/H SMT. NIKITA DHARIWAL,DHARIWAL BHAWAN, SHASTRI MARKET, KOTA vs. ITO, WARD-2(2), KOTA

In the result, the appeals of the assessee are partly allowed for statistical purposes

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

reassessment proceedings were initiated and notice u/s 148 was issued in name of dead person. In response to notice issued by AO, wife of deceased had intimated death of assessee. However, AO proceeded to complete assessment in name of legal heir without issuing notice u/s 148. It was held that proceedings were initiated against dead person after death of assessee

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

147 of the Act were initiated in the case by recording reasons and after obtaining prior approval of the Principal Commissioner of Income Tax, Bathinda. A notice under section 148 of the Act was issued to the assessee on 26.03.2018, which was duly served upon the assessee on the same day. In response to the notice's u/s

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

147 of the Act were initiated in the case by recording reasons and after obtaining prior approval of the Principal Commissioner of Income Tax, Bathinda. A notice under section 148 of the Act was issued to the assessee on 26.03.2018, which was duly served upon the assessee on the same day. In response to the notice's u/s

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

147 of the Act were initiated in the case by recording reasons and after obtaining prior approval of the Principal Commissioner of Income Tax, Bathinda. A notice under section 148 of the Act was issued to the assessee on 26.03.2018, which was duly served upon the assessee on the same day. In response to the notice's u/s

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

SAVITA GUPTA,KOTA vs. ITO, DELHI

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

property and stamp duty is collected only on the guideline value. Hence, there 7 Savita Gupta vs. ITO is suppression in sales by the seller also as the amount received in cash would be treated as unaccounted sales. In view of the factual position, the source of investment is treated as unexplained in the hands of the appellant

DCIT, CENTRAL CIRCLE-2, JAIPUR vs. SHRI PRAKASH CHAND KOTHARI, JAIPUR

In the result, appeal of the assessee is allowed

House, 2nd Crossing, Haldiyon Ka Rasta, Johari Bazar, Jaipur respectively) are related to Shri Prakash Chand Kothari (PCK). As per records and phone directory, the said details pertain to the assessee (i.e. Shri Prakash Chand Kothari of KGK Group). Hence all the above transactions of cash loans pertain to the assessee. 10. The Assessing Officer, thereafter, referred to the statement

SHRI PRAKASH CHAND KOTHARI,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

House, 2nd Crossing, Haldiyon Ka Rasta, Johari Bazar, Jaipur respectively) are related to Shri Prakash Chand Kothari (PCK). As per records and phone directory, the said details pertain to the assessee (i.e. Shri Prakash Chand Kothari of KGK Group). Hence all the above transactions of cash loans pertain to the assessee. 10. The Assessing Officer, thereafter, referred to the statement

PRAMILA AGARWAL,JAIPUR vs. THE INCOME TAX OFFICER WARD-2(5), JAIPUR

In the result, the appeal of the assessee is allowed

house property, business capital gains and other sources. Return of income for\nthe year under appeal was filed u/s 139(1) on 31.03.2012 declaring the total income at\nRs.2,29,200/- (APB 1-3). The assessment was completed u/s 143(3)/ 147 of the Act\nat the total income of Rs.1,48,63,860/-, wherein addition of Rs.1

SHIV VEGPRO PRIVATE LIMITED ,KOTA vs. PCIT-UDAIPUR , UDAIPUR

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

house property, capital gain, business or profession. The\nrelevant provision is reproduced hereinbelow :\n1.\nS. 115BBE\"(1) Where the total income of an assessee,\nincludes any income referred to in section 68, section 69, section\n69A, section 69B, section 69C or section 69D and reflected in the\nreturn of income furnished under section 139; or 2. determined by\nthe Assessing

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

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

properties against which the Assessing Officer has initiated the proceedings u/s 147 of the Act situates in Punjab, transactions have also been held at Punjab and admittedly the assessee is also residing in Punjab, we are of the considered view that the Ld. Assessing Officer, Ward-1, Sri Ganganagar, had no jurisdiction to frame the subjected assessment, consequently the assessment

PRAMOD KUMAR CHOUDHARY,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

house hold expenses, it is noticed that there are 05\nmembers. The assessee has shown only income of Rs.1,75,710/- and\nagriculture income of Rs.34,750/-, thus total income comes to\nRs.2,10,460/-. Looking to the members of family, such declared income is\nvery nominal and only for running day to day expenses. Based on that\ndiscussion

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

properties against which the Assessing Officer has initiated the proceedings u/s 147 of the Act situates in Punjab, transactions have also been held at Punjab and admittedly the assessee is also residing in Punjab, we are of the considered view that the Ld. Assessing Officer, Ward-1, Sri Ganganagar, had no jurisdiction to frame the subjected assessment, consequently the assessment

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA vs. SH. NAVAL KISHORE, KOTA

In the result appeal filed by the assessee stands allowed and that of the revenue stands dismissed

u/s 2(31) of the act. #### 3. Supporting Case laws: - 3.1 Principal CIT vs. Saumya Construction ((2017) 297 CTR (Guj) 387 : (2016) 387 ITR 529 (Guj)) - 3.2 In the case of Dy. CIT vs. Smt. Shivali Mahajan & Ors. (ITA No. 5585/Del/2015), the Tribunal was considering whether books of accounts, money, bullion, jewellery found during the course of search relates

DCIT, JAIPUR vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORTATION LTD., JAIPUR

In the result, the appeal of the assessee is allowed and Revenue

reassessment.” The Hon’ble High Court as held that then cannot be two parallel proceedings on the self same issue as are based on the view that there were materials available on record which warranted exercise of jurisdiction u/s 154 and the other initiated u/s 147 that there was escapement of income from tax. The Mumbai Bench of the Tribunal