DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. M/S WORSHIP INFRAPROJECTS PVT LTD(PREVIOUSLY KNOWN AS OM METALS SPML INFRAPROJECTS PVT LTD), JAIPUR

In the result of the appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

2), Mumbai ITA No. 519/Mum/2018 Dated: -28-4-2022 2022 (8) TMI 482-ITAT MUMBAI (Case law Paper Book page 82-98) TP adjustment made in pursuance of Section 92BA (1) - specified domestic transactions- HELD THAT: In the present case there is an adjustment made to the income of the assessee by determining arm's-length price of specified domestic

WORSHIP INFRAPROJECTS PRIVATE LIMITED,JAIPUR vs. DCIT, CEIRCLE-2, JAIPUR

In the result of the appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

2), Mumbai ITA No. 519/Mum/2018 Dated: -28-4-2022 2022 (8) TMI 482-ITAT MUMBAI (Case law Paper Book page 82-98) TP adjustment made in pursuance of Section 92BA (1) - specified domestic transactions- HELD THAT: In the present case there is an adjustment made to the income of the assessee by determining arm's-length price of specified domestic

MAHAVEER YADAV,JAIPUR vs. ITO, JAIPUR

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

14)(iii) and consequently any gain on sale of this land is not liable for tax. 2. The jamabandi is at PB 21-27. The land was used for agricultural purposes as is evident from the Khasra Girdawari at PB 28. For better realisation of his ancestral land, he sold the same after dividing it into 34 plots. A total

NARAIN LAL AGRAWAL,JAIPUR vs. DCIT CIRCLE 1 JAIPUR, JAIPUR

In the result the appeal of the assessee is allowed

price\nmentioned in the sale deed and stamp value levied under Stamp Duty Act\namounting to Rs.58,36,000/- has been brought to tax.\nDuring the course of appellate proceedings, the appellant has uploaded written\nsubmission, letter of allotment and the case laws relied upon in support of his\ncontention and claimed that the addition made deserves to be deleted

SHRI KRISHNARAJ BUILDHOME PVT LTD,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

14,94,000/- was also received\non 19/03/2014. Thus, the assessee would not have anticipated or predicted\nthe enactment of new provisions of Sec. 43 CA from assessment year 2014-\n15 while executing the agreement to sell on 10/09/2008. In view of these\nfacts and the decisions of various courts quoted above, the Hon'ble ITAT is\nrequested to delete

VAIBHAV GLOBAL LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed and disposed off in light of aforesaid directions

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadavvaibhav Global Limited, Deputy Commissioner Of बनाम Jaipur. Income Tax, Central Circle-4, Jaipur. "थायी लेखा सं./Pan No: Aaacv4679F

section 144C(13) of the Act was passed by the Assessing officer on 13.11.2019 wherein adjustment on account of transfer pricing as proposed by the Transfer Pricing Officer was made and the assessed income was determined at Rs.57,36,47,429/-. 3. Against the draft assessment order, the assessee filed its objections before the Dispute Resolution Panel and after considering

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD, KOTA

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

14), hence in my opinion, extinguishment of right/ relinquishment of shares pursuant to merger of the CTL with CVL would be 'transfer of the investments held in CTL thereby attracting the provisions of section 45 of the Act. In the case of Orient Trading Co. Ltd. v. CIT [1997] 224 ITR 371 1 referred to by the appellant

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD., KOTA

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

14), hence in my opinion, extinguishment of right/ relinquishment of shares pursuant to merger of the CTL with CVL would be 'transfer of the investments held in CTL thereby attracting the provisions of section 45 of the Act. In the case of Orient Trading Co. Ltd. v. CIT [1997] 224 ITR 371 1 referred to by the appellant

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD, KOTA

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

14), hence in my opinion, extinguishment of right/ relinquishment of shares pursuant to merger of the CTL with CVL would be 'transfer of the investments held in CTL thereby attracting the provisions of section 45 of the Act. In the case of Orient Trading Co. Ltd. v. CIT [1997] 224 ITR 371 1 referred to by the appellant

SHRI KALYAN BUILDMART PVT. LTD,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, JAIPUR, JAIPUR

Bench: The Date Of Hearing.”

price u/s 56(2)(viib) read with rule 11UA(2), following valuation certificates were submitted vide submission dated 13.05.2019 :- S. No. Date of Certificate Name of Valuer 1 18.03.2016 PC Modi & Co., Chartered Accountants 2 08.10.2016 PC Modi & Co., Chartered Accountants 3 31.10.2016 PC Modi & Co., Chartered Accountants 4 14.02.2017 PC Modi & Co., Chartered Accountants iii. & iv.c The income

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD, KOTA

14), hence in my\nopinion, extinguishment of right/ relinquishment of shares pursuant to merger of\nthe CTL with CVL would be 'transfer of the investments held in CTL thereby\nattracting the provisions of section 45 of the Act.\nIn the case of Orient Trading Co. Ltd. v. CIT [1997] 224 ITR 371 1 referred to by\nthe appellant

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, KOTA vs. CHAMBAL FERTILIZERS AND CHEMICALS LTD., KOTA

14), hence in my\nopinion, extinguishment of right/ relinquishment of shares pursuant to merger of\nthe CTL with CVL would be 'transfer of the investments held in CTL thereby\nattracting the provisions of section 45 of the Act.\nIn the case of Orient Trading Co. Ltd. v. CIT [1997] 224 ITR 371 1 referred to by\nthe appellant

ASSISSTANT COMMISSIONER OF INCOME TAX, AJMER vs. SHREE CEMENT LTD, BEAWAR

Accordingly, the same is dismissed

iii) to the Explanation u/s 80A(6) r/w Sec. 80IA(8), transfer price of power captively consumed has to be based on arms’ length principles enshrined in Sec. 92F(ii), since it is specified domestic transaction vide Sec. 92BA.  As could be seen from the Order of Haryana Electricity Regulatory Commission (HERC) dated 14-03-2013, Discoms had claimed reliability

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR vs. M/S GANPATI EXCLUSIVE DESIGNER SAREES PVT. LTD., JAIPUR

In the result, appeal of the assessee is allowed

iii) The provisions of Section 56(1) the Act can be invoked to tax income of every kind which is not chargeable to tax under any head specified in Section 14 under the head ‘Income from other sources'. Therefore, provisions of sec 56(1) are not applicable. Further the amended provisions of sec 56 (2

M/S GANPATI EXCLUSIVE DESIGNER SAREES PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

iii) The provisions of Section 56(1) the Act can be invoked to tax income of every kind which is not chargeable to tax under any head specified in Section 14 under the head ‘Income from other sources'. Therefore, provisions of sec 56(1) are not applicable. Further the amended provisions of sec 56 (2

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

iii) to the Explanation u/s 80A(6) r/w Sec. 80IA(8), transfer price of power captively consumed has to be based on arms’ length principles enshrined in Sec. 92F(ii), since it is specified domestic transaction vide Sec. 92BA.  As could be seen from the Order of Haryana Electricity Regulatory Commission (HERC) dated 14-03-2013, Discoms had claimed reliability

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

iii) to the Explanation u/s 80A(6) r/w Sec. 80IA(8), transfer price of power captively consumed has to be based on arms’ length principles enshrined in Sec. 92F(ii), since it is specified domestic transaction vide Sec. 92BA.  As could be seen from the Order of Haryana Electricity Regulatory Commission (HERC) dated 14-03-2013, Discoms had claimed reliability

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT ASSESSMENT CENTRE, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, AJMER, AJMER

iii) to the Explanation u/s 80A(6) r/w Sec. 80IA(8), transfer price of power captively consumed has to be based on arms’ length principles enshrined in Sec. 92F(ii), since it is specified domestic transaction vide Sec. 92BA.\n As could be seen from the Order of Haryana Electricity Regulatory Commission (HERC) dated 14-03-2013, Discoms had claimed