SHAHNAJ,NEAR BHERUDANJI WELL vs. INCOME TAX OFFICER, WARD-2, INCOME TAX OFFICE

In the result, the appeal of the assessee is allowed

Bench: Dr. S. Seethalakshmi & Dr Mitha Lal Meenasmt. Shanaj Vs The Ito W/O Shri Aslam Khan Ward-2, Churu, Near Bherudan Ji Well,Ward No. 22 Churu Sardarshahar,Churu – 331 403 (Appellant) (Respondent) Pan No. Fpmps 3570 D

addition made by the AO at Rs.7214057/- treating the same as capital assets may kindly be directed to be deleted. Since it is established that the said lands were a rural agricultural land and do not fall under the definition of capital asset or urban land as given in Income tax Act or Wealth tax Act, therefore, provisions

ACIT, PAOTA C ROAD vs. VARAHA INFRA LIMITED, PAOTA B ROAD

In the result, the appeal of the revenue is dismissed

Bench: Dr. S. Seethalakshmi & Shri Rathod Kamlesh Jayantbhaithe Acit Vs M/S. Vardha Infra Ltd. Room No. 215, Aayakar Bhawan 6 Jalam Vilas Scheme Paota C Road, Jodhpur Paota B Road, Jodhpur (Appellant) (Respondent) Pan No. Aaccv 7972 K

gains of business or profession" The judicial pronouncements relied upon by the appellant also approve this view. Ld ITAT in its order for AY 2016-17 in the case of appellant has also computed income of the appellant without making separate addition on account of section 40(a)(ia) of the Act though the appellant had disallowed amount

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

In the result, the appeal of the assessee is allowed

capital gain. The ld. AO has not considered the law full submission made by the assessee and rectified the assessment u/s 154 of the Income Tax Act and make addition

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, 1961 on account of failure of the assessee to file the return of income and\ndisclose fully and truly the material facts relating to the above transaction.\n(ii)\nIn the assessment order the AO has made additions

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

Income-Tax-Exemption-Long-Term Capital Gains - Purchase and Sale of Shares Additions made on basis of information from investigation

BHOOP SINGH POONIA,NOHAR vs. ITO WARD, NOHAR, NOHAR

additional income as\nbusiness income in his return of income and paid due taxes thereon.\n18. In our view, what is relevant before invoking the deeming provisions is not\njust the factum of survey action but besides that, what is the explanation so offered\nby the Assessee explaining the nature and source of income so found during the\ncourse

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

income of Rs. 7,50,190/-. While completing the\nassessment, the AO made a protective addition of Rs. 1,84,76,000/- in the hands of\nthe assessee. Besides, the AO also made an addition of Rs. 48,49,782/- on account\nof bogus Long Term Capital Gain

ADITYA BUILDERS AND DEVELOPERS ,JODHPUR vs. CPC, BENGALURU / ACIT, CIRCLE-3, JODHPUR

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

addition of Rs. 13,73,140/- by treating the exempt dividend income as business income. a] That on 26/10/2019 the assessee company had filed the return of income and disclosed the gross total income of Rs. 2017934/- and after claiming the deduction under chapter VIA of Rs. 4215/- had declared the total income of Rs. 2013720/- in the return

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

In the result, appeal of the assessee in ITA No

addition of Rs. 21.45,000/- for the income on account of above profit from land at Badi as an enhancement by this office besides the amounts discussed above, while giving relief of Rs. 39.70 lacs as discussed in para 3.5.5 above. Moreover, the Notice U/s 271(1)(c) is issued by this office for concealment of particulars for income

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, UDAIPUR, UDAIPUR

addition and under what head\nwhether, under business or trading income, agriculture income, capital gain or u/s 48, 56\nor u/s 68 or 69. Thus

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, UDIAPUR, UDAIPUR

Bench: DR. MITHA LAL MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

addition and under what head whether, under business or trading income, agriculture income, capital gain or u/s 48, 56 or u/s 68 or 69. Thus

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1 UDAIPUR, UDAIPUR

In the result, appeals of the assessee are partly allowed

addition and under what head\nwhether, under business or trading income, agriculture income, capital gain or u/s 48, 56\nor u/s 68 or 69. Thus

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT- CENTRAL CIRCLE-1 UDIAPUR, UDAIPUE

addition and under what head\nwhether, under business or trading income, agriculture income, capital gain or u/s 48, 56\nor u/s 68 or 69. Thus

SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

capital gain of Rs. 40,80,721/- and accordingly claimed exemption u/s 54F of the Act being the investment in residential house. During the assessment proceedings, on examination of purchase deed, the ld. AO noted that the property that the assessee purchased is agriculture land as it is evident from the purchase deed filed by the assessee

SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

capital gain of Rs. 40,80,721/- and accordingly claimed exemption u/s 54F of the Act being the investment in residential house. During the assessment proceedings, on examination of purchase deed, the ld. AO noted that the property that the assessee purchased is agriculture land as it is evident from the purchase deed filed by the assessee

M/S TARUN CONSTRUCTION COMPANY,WARD NO.24, NEAR BHAGAT SINGH CHOWK, SURATGARH vs. CPC, BANGALORE/ ITO, WARD-1, SRIGANGANAGAR, SRIGANGANAGAR

In the result, appeals are dismissed

Bench: Shri Saktijit Dey, Vice- & Dr. Brr Kumar

gains of business or profession". It is submitted that after treating the employees’ contribution as income of the assessee, once it is paid or a liability is accrued for payment being an ascertained liability, the same is allowable as an expenditure under section 37 of the Act. 12. While section 37 provides that the expenditure should not be an expenditure

M/S TARUN CONSTRUCTION COMPANY,WARD NO.24, NEAR BHAGAT SINGH CHOWK, SURATGARH vs. CPC, BANGALORE/ ITO, WARD-1, SRIGANGANAGAR , SRIGANGANAGAR

In the result, appeals are dismissed

Bench: Shri Saktijit Dey, Vice- & Dr. Brr Kumar

gains of business or profession". It is submitted that after treating the employees’ contribution as income of the assessee, once it is paid or a liability is accrued for payment being an ascertained liability, the same is allowable as an expenditure under section 37 of the Act. 12. While section 37 provides that the expenditure should not be an expenditure

SHRI TRILOCK CHAND BUGALIYA,NAGAUR vs. ITO, WARD-2, NAGAUR

In the result, appeal of the assessee is allowed

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteassessment Year : 2009-10 Shri Trilock Chand Bugaliya, Income Tax Officer, C/O Rajendra Jain Advocate, Vs Ward-2, Makrana 106 Akshay Deep Complex, 5Th B Road, Sardarpura, Jodhpur Pan: Acvpb6833F Appellant / Assessee Respondent / Revenue Assessee By Shri Rajendra Jain, Advocate & Smt. Raksha Birla, C.A. Revenue By Ms. Nidhi Nair, Jcit-Dr Date Of Hearing 07.08.2023 Date Of Pronouncement 07.08.2023 Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-2, Jodhpur Dated 14.02.2020 Emanating From The Assessment Order Under Section 143(3) R.W.S. 147 Dated 30.03.2013 Passed By Income Tax Officer, Ward-2, Makrana. The Assessee Has Raised The Following Grounds Of Appeal : Shri Trilock Chand Bugaliya

capital gain particularly when the assessee had claimed the same as business income. 4. That on the facts and in the circumstances of the case, the Id CIT (A) erred in recording various observations in the order are contrary to facts on record. 5. That the petitioner may kindly be permitted to raise any additional