ANIL KUMAR NUWAL,BHILWARA vs. ACIT, CIRCLE, BHILWARA

In the result, appeal of the assessee is allowed in part

Bench: Shri R.C.Sharma & Shri Sandeep Gosainanil Kumar Nuwal, Vs A.C.I.T., 9, Main Sector, Shastri Circle- Bhilwara. Nagar, Bhilwara, Rajasthan- 311001. (Appellant) (Respondent) Pan: Aavpn 4375 L

capital gain is equal to or less than the cost of the new asset, the capital gain shall not be charged

PUSHAP RAJ BOHRA ,JALORE vs. DCIT, BARMER CIRCLE, BARMER

In the result, appeal of the assessee is allowed

Bench: Shri R.C. Sharma & Shri Sandeep Gosain(Respondent) Pan: Aanpb 4456 C

capital assets into business asset gain has to treated as capital gain as per provisions of section 45(2). Disallowance

RAMESH RAJ BHRA,JALORE vs. DCIT,BARMER CIRCLE,, BARMER

In the result, appeal of the assessee is allowed

Bench: Shri R.C. Sharma & Shri Sandeep Gosain(Respondent) Pan: Aappb 7135 G

capital assets into business asset gain has to treated as capital gain as per provisions of section 45(2). Disallowance

INCOME TAX OFFICER, WARD-1, BARMER vs. PUSHP RAJ BOHRA, JALORE

The appeal of the revenue is allowed, in the manner discussed as above

Bench: Shri Rajpal Yadav, HonʼBle & Dr. Mitha Lal Meena, Hon'Bleito, Ward-1, Barmer. Vs. Pushp Raj Bohra, M-09, Shivaji Nagar, Jalore - 343001. Pan No. Aanpb4456C Assessee By Shri Goutam Chand Baid, C.A. Revenue By Smt. Runi Pal, Cit (D.R.) Date Of Hearing 29.04.2025. Date Of Pronouncement 01.03.2025. Order Per Dr. Mitha Lal Meena, A.M.: The Captioned Appeal Has Been Filed By The Revenue Against The Order Of The Id. National Faceless Appeal Centre [Nfac/Cit(A)], Delhi Dated 08.02.2024 In Respect Of Assessment Year: 2017-18 Where The Department Has Raised Following Grounds: 1. Whether The Id. Cit(A) Is Justified In Facts & Law In Directing To Treat The Income From The Sale Of Immovable Properties As Capital Gains Instead Of Business Income, By Ignoring The Fact That Assesse & His Business Concerns Are Engaged In The Business Of Property & Real Estate Development & Huge Expenses Of Rs. 8.72 Cr. Were Incurred By Assessee On Development Of Projects To Earn Profit. 2. Whether The Id. Cit(A) Has Erred In Law & Facts By Directing The Ao To Treat The Income From The Sale Of Immovable Properties As Income From Capital Gains Instead Of Business Income By Merely Following The Order Of Hon'Ble

gain arise to assessee is the Capital Gain and not Business Income. Relevant part of the order of CIT(A) is reproduced

SUKHDEV CHAYAL,BIKANER vs. PCIT-1,, JODHPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadavassessment Year: 2016-17 Sukhdev Chayal, Vs. Pr.Cit-1, Near Ratan Sagar Well, Jodhpur. Bikaner. Pan No. Afjpc 9250 J

capital gain under short term capital gain for the relevant year." It was directed by the PCIT that the sale

SMT. CHANDRA KANTA CHOUDHARY,BHILWARA vs. ITO, WARD-3,, BHILWARA

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwalsmt. Chandra Kanta Choudhary, Vs. I.T.O. 135, Main Sector, Ward-3, Bhilwara. Bhilwara. Pan No. Abxpc 9134 H Assessee By Shri Sunil Porwal (Ca) Revenue By Shri A.S. Yadav, Jcit-Dr Date Of Hearing 03.11.2020 Date Of Pronouncement 29/01/2021 O R D E R Per: Bench This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Ajmer Dated 10/01/2018 For The Ay. 2014-15, Wherein The Assessee Has Raised The Following Grounds Of Appeal: “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Ought To Have Quashed The Order Passed By Ld Ao As The Order Passed By Ld Ao Without Jurisdiction & Also Contrary To The Guideline Issued By The Hon’Ble Cbdt. 2. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Sustaining Addition Of Rs. 89,39,398/- In Respect Of Long Term Capital Gain Particularly When Same Was Never Subject Matter Of Limited Scrutiny. 3. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming Addition Made By Ld Ao Which He Could Not Have Made As The Jurisdiction Of The Ld Ao Was Limited.

capital gain particularly when the land sold by the assessee was an agricultural land not capital assets U/s 2(14) of the Act. 5. That

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, JODHPUR vs. M/S. MARUDHAR HOTELS PVT. LTD. , JODHPUR

In the result, revenue’s appeal stand dismissed

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.177/Jodh/2018 ("नधा"रणवष" / Assessment Year: 2013-14) & 2. आयकरअपील सं./ I.T.A. No.140/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2014-15) Dcit-Circle-1 M/S. Marudhar Hotels Pvt. Ltd. बनाम/ Jodhpur. Umaid Bhawan Palace Vs. Jodhpur, Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcm-0773-G (अपीलाथ"/Appellant) (""यथ" / Respondent) : & 3. C.O. No.02/Jodh/2018 (Arising Out Of Ita No.177/Jodh/2018) ("नधा"रणवष" / Assessment Year: 2013-14) & 4. C.O. No.14/Jodh/2019 (Arising Out Of Ita No.140/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2014-15) M/S. Marudhar Hotels Pvt. Ltd. Dcit-Circle-1 बनाम/ Umaid Bhawan Palace Jodhpur. Vs. Jodhpur, Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcm-0773-G (अपीलाथ"/Appellant) (""यथ" / Respondent) :

Capital Gains and not Business Income and further upholding the working of Capital Gains declared by the assessee and deleting

SHANTI LAL DEORA,SUMERPUR vs. ACIT, CIRCLE, PALI

Appeal of the assessee stands allowed

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadavassessment Year:2016-17 Shri Shanti Laldeora, Vs. A.C.I.T., Hotel Inder Palace, Bhagat Circle- Pali Singh Circle, Sumerpur, Dist.- Pali-306902 (Raj.) Pan No. Adhpd 4172 A Assessee By Shri Rajendra Jain, Adv. & Shrimohitsoni, Adv. Revenue By Smt. Sanchita Kumar, Cit-Dr Date Of Hearing 11/08/2021 Date Of Pronouncement 08/09/2021

capital gain in respect of sale of property. On 30/07/2016 the assessee has filed his return of income declaring total

RACHNA GOYAL,JODHPUR vs. ITO, WARD-1(2), JODHPUR

In the result, appeal of the assessee is dismissed

capital gain arisen due to transaction of\npenny stock, has escaped assessment within the meaning of section 147 of the I.T.\nAct

SUNIL PAGARIA,UDAIPUR vs. ITO, WARD-2(1), UDAIPUR

In the result, the appeal of the assessee is allowed

capital gain of Rs. 65,06,891/- and claimed exemption u/s 54F of the Act as he invested net consideration

ASHOK PANWAR HUF,JODHPUR vs. ACIT, CENTRAL CIRCLE-3, JODHPUR

In the result, both the appeals of the assesses ITA No

Bench: Dr. Mitha Lal Meena, Hon'Ble & Shri Anikesh Banerjee, Hon'Ble

capital gain (LTCG) as exempt under section10(38) of the Act on sale of shares of M/s Parag Shilpa Investments

MAHENDRA RATHI,BIKANER vs. ITO, BIKANER

capital gain on sale of Agriculture\nLand ignoring that these Land is not part of capital assets u/s.2(14)(iii) of\nthe

SMT. JAYA MOGRA,UDAIPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

In the result, appeal of the assessee in ITA No

capital gain has not been shown because the land sold is agricultural and is not a capital asset u/s. 2(14) of the Act. Initially

ITO, WARD-3, SRIGANGANAGAR vs. SHRI BADRI PRASAD, SRIGANGANAGAR

capital gain as reproduced here in below: Long Term Capital Gain 1. Ag. Land 10/12/2012 Value u/s 50C Rs.3,28,87,500/- Sale

CHANCHAL KUMARI JAIN ,BHILWARA vs. ITO, WARD-3, BHILWARA

The appeal stands partly allowed

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.213/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2014-15) Smt. Chanchal Kumari Jain Income Tax Officer बनाम/ 143-A/A, Shastri Nagar Ward-3, Bhilwara Vs. Bhilwara, Rajasthan-311 001. Rajasthan-311 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adnpj-8347-F (अपीलाथ"/Appellant) (""यथ" / Respondent) :

Capital gains shown by the appellant. The determination of short term capital gains at Rs.3,40,759/- as against Rs. 1,90,740/- declared

THAR HEAT TRANSFER EQUIPMENT PVT. LTD. ,JODHPUR vs. PR. CIT-1, JODHPUR

Appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadavthar Heat Transfer Equipments Vs. Pr.Cit-1, Pvt. Ltd., Jodhpur. B-13 To 16, Industrial Area, Jodhpur. Pan No. Aacct 7832 L Assessee By Shri Amit Kothari, Ca & Shri Abhinav Kothari, Ca Revenue By Smt. Sanchita Kumar, Cit-Dr Date Of Hearing 09/08/2021 Date Of Pronouncement 06/09/2021 O R D E R Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit-1, Jodhpur Dated 20/03/2020 For A.Y. 2015-16 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) Wherein Following Grounds Have Been Raised: “1. The Ld. Pr. Cit Has Erred In Invoking Section 263 & The Setting Aside Of The Order Passed U/S 143(3), Is Bad In Law & Bad On Facts. The Order Made U/S 143(3) Cannot Be Said To Erroneous Or Prejudicial To Interest Of Revenue. 2. The Order Passed U/S 143(3), Was Made After Duly Examining The Issue Relating To Capital Gains & The Said Order Cannot Be Said To Be Erroneous Or Prejudicial To The Interest Or Revenue. The Allocation Of Value Of Sale Of Land Was On The Basis Of Valuation Adopted By The Stamp Authorities & Was Also Verifiable. The Ld. Pr. Cit Had Erred In Observing That The Appellant Had Taken The Higher Value Of Agriculture Land. 3. The Appellant Crave Liberty To Add, Amend, Alter, Or Modify Any Of The Ground Of Appeal On Or Before Its Hearing Before Your Honour.”

capital gain was shown, and on factory building and plant and machinery being depreciable asset the computation of gain on transfer

RAJ KUMAR GOLECHA,PALI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JODHPUR, AAYKAR BHAWAN, JODHPUR

In the result, appeal of the assessee is allowed

capital gain exempted u/s 10(38) as undisclosed\nincome.\n3. That on the facts and circumstances of the case, both

UTTAM CHAND SINGHI,SIROHI vs. ITO, WARD, SIROHI

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmishri Uttam Chand Singhi Vs Ito Sadar Bazar, Ward-Sirohi Sirohi (Raj) (Appellant) (Respondent) Pan No. Acups 5999L Shri Bhanwar Lal Singhi Vs Ito Sadar Bazar Ward-Sirohi Sirohi (Raj) (Appellant) (Respondent) Pan No. Acups 5999L

capital gains on sale of a plot, in which both the assessees herein are co-owners. 4 The facts relating