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13 results for “capital gains”+ Section 144clear

Sorted by relevance

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Key Topics

Section 14716Addition to Income11Section 1448Section 153A8Section 69A8Section 271(1)(b)6Section 143(1)6Capital Gains6Section 54F5Section 250

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

In the result, the appeal of the assessee is allowed

ITA 712/JODH/2024[2013-14]Status: DisposedITAT Jodhpur01 Jan 2025AY 2013-14

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

Section 139Section 147Section 148Section 151Section 50CSection 54F

gains, is very important for two reasons ~ first, that the cost of acquisition for tenancy rights, under section 55(2)(a), is, unless purchased from a previous owner ~ which is admittedly not the case here, treated as ‘nil’; and, - second, since the Provisions of section 50C can only be applied in respect of “transfer by an assessee of a capital

5
Disallowance5
Unexplained Money4

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

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

ITA 200/JODH/2024[2017-18]Status: DisposedITAT Jodhpur01 Jul 2025AY 2017-18

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

Section 142(1)Section 143(3)Section 250Section 54ESection 54F

capital gains," 9. After adjudication of the issues raised in favour of the assessee Ld. CIT(A) restored the matter before assessing officer holding that: "In the assessment proceedings, the AO has not given any finding relating to eligibility of appellant's claim of exemption u/s.54F/54EC of the Act as the AO had treated the income from sale of properties

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

In the result, both appeals of the assessee are allowed

ITA 1/JODH/2022[2010-11]Status: DisposedITAT Jodhpur02 Aug 2023AY 2010-11
Section 143(1)Section 147Section 68

144 read with section 147 of the Act dated 30.03.2016 passed in consequence to notice dated 03.2015 for Assessment Year 2008-09 in the present appeal." e] No additions was made by AO on ground based upon which the assessment was reopened i] It is submitted that the foundation of reopening was no source of investment

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

In the result, both appeals of the assessee are allowed

ITA 2/JODH/2022[2011-12]Status: DisposedITAT Jodhpur02 Aug 2023AY 2011-12
Section 143(1)Section 147Section 68

144 read with section 147 of the Act dated 30.03.2016 passed in consequence to notice dated 03.2015 for Assessment Year 2008-09 in the present appeal." e] No additions was made by AO on ground based upon which the assessment was reopened i] It is submitted that the foundation of reopening was no source of investment

KAUSHALIYA DEVI DHOOT,JODHPUR vs. ACIT, CIRCLE-3, JODHPUR

In the result, the appeal of the assessee is dismissed

ITA 779/JODH/2024[2022-23]Status: DisposedITAT Jodhpur30 Oct 2025AY 2022-23

Bench: Shri Laliet Kumar, Hon'Ble & Dr. Mitha Lal Meena, Hon'Ble

Section 11Section 143Section 143(1)Section 143(3)Section 246ASection 801A

capital gains declared u/s 11 IA and First Year of Deduction claimed u/s 801A/801AB/801AC/801BA'. Ld.AO-NaFAC reached following finding after verification of the issue- 3.4 Reasons for inference drawn that no variation is required on this issue- On perusal of the details/explanation /submission and documents alongwith details of expenses given made by the assessee, the issues are found explained

UMRAV SINGH,JAIPUR vs. ITO WARD 1, SRI GANGANAGAR

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

ITA 781/JODH/2024[2018-19]Status: DisposedITAT Jodhpur30 Oct 2025AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

For Appellant: Ms. Radhika Gupta, CA (Adjournment Application)For Respondent: Shri Arvind Kumar Gehlot, Addl. CIT-DR
Section 144Section 147Section 234ASection 249(3)Section 69A

144 read with section 147 of the Act. In the said order, the AO brought to tax a sum of Rs.60,00,000/- as short-term capital gains

UMRAV SINGH,JAIPUR vs. ITO WARD 1, SRI GANGANAGAR

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

ITA 782/JODH/2024[2018-19]Status: DisposedITAT Jodhpur30 Oct 2025AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

For Appellant: Ms. Radhika Gupta, CA (Adjournment Application)For Respondent: Shri Arvind Kumar Gehlot, Addl. CIT-DR
Section 144Section 147Section 234ASection 249(3)Section 69A

144 read with section 147 of the Act. In the said order, the AO brought to tax a sum of Rs.60,00,000/- as short-term capital gains

UMRAV SINGH,JAIPUR vs. ITO WARD 1, SRI GANGANAGAR

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

ITA 783/JODH/2024[2018-19]Status: DisposedITAT Jodhpur30 Oct 2025AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

For Appellant: Ms. Radhika Gupta, CA (Adjournment Application)For Respondent: Shri Arvind Kumar Gehlot, Addl. CIT-DR
Section 144Section 147Section 234ASection 249(3)Section 69A

144 read with section 147 of the Act. In the said order, the AO brought to tax a sum of Rs.60,00,000/- as short-term capital gains

MANGILAL DATLA,BANSWARA vs. INCOME TAX OFFICER, WARD BANSWARA, BANSWARA

In the result, the appeal filed by the assessee is allowed, both on legal issue\nas well as on facts

ITA 304/JODH/2025[2017-18]Status: DisposedITAT Jodhpur25 Jun 2025AY 2017-18
Section 115BSection 142(1)Section 147Section 148Section 250Section 69A

gain, he cannot simply dispute fact that assessee did not file return—Entire\nreasoning recorded by AO for initiation of reassessment proceeding and issuance of notice\nunder section 148 was on wrong and incorrect facts that assessee has never filed return of\nincome, and in fact, it was filed—Initiation of reassessment proceeding u/s.147 and notice under\nsection

SHRINATH PRODUCTS,UDAIPUR vs. ITO, WARD-2, RAJSAMAND

In the result, the appeal filed by the assesse is dismissed

ITA 51/JODH/2020[2009-10]Status: DisposedITAT Jodhpur07 Aug 2023AY 2009-10

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripotem/S Shrinath Products Vs. Ito. Ward 1(1), A.M.Mehta & Co, Udaipur, 6-B, Bapu Bazar, Rajasthan. Udaipur.-313001, Rajasthan. Pan/Gir No. : Aaqfs9840Q Appellant .. Respondent Assessee By : None Revenue By : Ms. Nidhi Nair. Jcit-Dr Date Of Hearing 07.08.2023 Date Of Pronouncement 07.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)(Cit(A)-1,Udaipur Passed U/S 250 Of The Income Tax (Act), 1961. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: NoneFor Respondent: Ms. Nidhi Nair. JCIT-DR
Section 142(1)Section 144Section 148Section 250Section 271(1)(b)

Capital Gains and assessed the total income of Rs.40,17,450/- and passed the order u/s 144 r.w.s 147 of the Act dated 29.01.2015. 3. Subsequently the AO has initiated penalty proceedings u/s 271(1)(b) of the Act for non compliances of notices in the assesseement proceedings. The A.O has dealt on the facts, information of the scrutiny assessment

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

ITA 709/JODH/2024[2016-17]Status: DisposedITAT Jodhpur26 May 2025AY 2016-17

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

Section 132Section 145(3)Section 153ASection 234ASection 250

gain or u/s 48, 56 or u/s 68 or 69. Thus the addition so made without any provision of act is also against the law and liable to be deleted on this ground alone. When the ld. AO has not invoked any provision of Act/law then also how the ld.AO can make the addition. When

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

ITA 706/JODH/2024[2013-14]Status: DisposedITAT Jodhpur26 May 2025AY 2013-14
Section 132Section 145(3)Section 153ASection 234ASection 250

section 145 are not found to\nbe relevant in the facts of this case. The AO has not disturbed the book results as the cash\ntransactions are not part of regular books of accounts.\nThe ld CIT(A) has also tried to distinguish the decisions relied upon. Thus on the\nbasis of above observations the ld. CIT(A) confirmed

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

In the result, the appeal of the revenue is dismissed

ITA 160/JODH/2024[2017-18]Status: DisposedITAT Jodhpur01 Jan 2025AY 2017-18

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

Section 142(1)Section 143(2)Section 143(3)Section 40

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