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21 results for “capital gains”+ Section 250(1)clear

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Key Topics

Section 153A23Section 25020Section 271(1)(b)18Addition to Income17Section 44A16Section 14815Section 15414Section 27112Section 14710

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

Section 54F of the Act to the assesee. To this effect, the ld. AR of the assessee has repeated the same arguments as were made before the ld.CIT(A) and thus he has filed the detailed written submission to counter the orders of the lower authorities and the same is reproduced as under:- 1. The assessee is a lady dependent

Showing 1–20 of 21 · Page 1 of 2

Penalty5
Natural Justice5
Deduction4

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

1. Whether the Id. CIT(A) is justified in facts and 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 and his business concerns are engaged in the business of property and real estate development and huge expenses of Rs. 8.72 Cr. were

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

In the result, appeal of the assessee is dismissed

ITA 529/JODH/2023[2013-14]Status: DisposedITAT Jodhpur25 Jun 2025AY 2013-14
Section 132Section 133ASection 142(1)Section 147Section 148Section 151Section 250Section 68

250 of the I.T. Act, 1961, for the assessment year 2013-14. The assessee\nhas raised the following grounds of appeal :-\n“1.The CIT (A) erred in dismissing the appeal of the assessee without\nconsidering the grounds of the assessee regarding reopening of assessment.\n2. The CIT (A) erred in dismissing the appeal of the assessee without\ndiscussing and considering

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

ITA 515/JODH/2023[2014-15]Status: DisposedITAT Jodhpur10 Mar 2025AY 2014-15
Section 10(38)Section 132Section 132(4)Section 139(1)Section 142(1)Section 143(3)Section 153ASection 250

250 of the I.T. Act, 1961,\nfor the assessment year 2014-15.\n2.\nThe assessee has raised the following grounds of appeal :-\n1. That on the facts and circumstances of the case, the ld. CIT (A) erred in\nconfirming the AO's order dated 28.12.2017 passed for the AY 2014-15 u/s\n153A r.w.s. 143(3) of the Act without

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

MAHENDRA RATHI,BIKANER vs. ITO, BIKANER

ITA 299/JODH/2024[2010-11]Status: DisposedITAT Jodhpur28 May 2025AY 2010-11
Section 147Section 148Section 2(14)(iii)Section 234Section 250

Capital Gains Tax on sale of Land. The Case Law relied by\nthe AR of the assessee that of Amritsar Bench in the case Lateef Ahmad Gujree\nVs. ITO in I.T.A. No. 24/Asr/2024 Assessment Year: 2010-11 dated 04.06.2024 and\nother Benches are distinguishable on peculiar facts of the present case.\n5. In is settled law that at the stage

MARBLE KINGDOM INDIA PVT. LTD. ,UDAIPUR vs. ITO,WARD-TDS, UDAIPUR

In the result, the appeal of the assessee is dismissed

ITA 67/JODH/2022[2013-14]Status: DisposedITAT Jodhpur18 Aug 2023AY 2013-14

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteassessment Year : 2013-14 Marble Kingdom India Private Income Tax Officer, 365, Lodha Complex, Shashtri Vs Ward-Tds, Circle, Udaipur Udaipur Pan: Jdhm06807D Appellant / Assessee Respondent / Revenue Assessee By None Revenue By Ms. Prerana Choudhary-Jcit-Dr Date Of Hearing 17.08.2023 Date Of Pronouncement 18.08.2023 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) (National Faceless Appeal Centre, Delhi) Under Section 250 Of Income Tax Act, 1961 For A.Y. 2013-14 Emanating From Order Under Section 154 Of The Income Tax Act Dated 31.12.2019 Passed By Income Tax Officer (Tds), Udaipur. 2. The Assessee Has Filed An Application Under Section 154 Of The Act Against The Order Under Section 200A. Assessee Requested The Ito To Rectify The Levy Of Fee Charged Under Section 234E Of The Act. The Ld. Ito Rejected The Application On The Ground That It Is Not A Mistake Apparent From Record As It Is A Debatable Issue. The Relevant Paragraph Of The Order Is Reproduced Here As Under:- Marble Kingdom India Pvt. Ltd. “3. On-Going Through The Record It Is Noticed That It Is Not A Mistake Apparent On Record & Issue Is Debatable & Also Not Covered U/S 154 Of The Act. Thus The Contention Of The Deductor/Assessee Is Not Tenable Because The Hon'Ble Jurisdictional Rajasthan High Court Jaipur Has Dismissed The Appeals In The Case Of M/S Dundlod Shikdhan Sansthan & Anr. V/S Union Of India & Ors. In D.B. Civil Writ Petition No. 8672/2014 Dated 28.07.2015 On This Issue. Hence Considering The Facts Of The Case & Decision Of Jurisdictional Rajasthan High Court The Application Filed By The Assessee U/S 154 Is Rejected Accordingly.”

Section 154Section 200ASection 23Section 234ESection 250

250 of the Act 1. 31.12.2020 06.01.2021 No Response 2. 09.07.2021 19.07.2021 No Response 3. 26.11.2021 13.12.2021 No Response 4. 07.01.2022 28.01.2022 No Response 5. 23.02.2022 09.03.2022 No Response 6.1 Thus, ld. CIT(A) had issued five notices and assessee failed to submit reply to the ld. CIT(A). Therefore, we are of the opinion that sufficient opportunity had been

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

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

ITA 56/JODH/2024[2014-15]Status: DisposedITAT Jodhpur22 Aug 2025AY 2014-15

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

Section 10(38)Section 143(2)Section 143(3)Section 250Section 68

250 of the Income-tax Act, 1961 [for brevity, the "Act"] for the Assessment Years 2014-15 & 2015-16, date of orders 20/12/2023 and 17/07/2023, respectively. The impugned orders emanated from the order of the Ld. Assistant Commissioner of Income-tax, Circle-3, Jodhpur [for brevity, the "Ld. AO"] passed under section 143(3) of the Act, date of orders

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

250 of the I.T. Act, 1961, for the assessment years 2013-14, 2014-15, 2015-16 & 2016-17. The grounds and revised grounds raised in these appeals are being reproduced as under :- Ashiana Buildprop Pvt. Ltd., Udaipur. In ITA No. 706/Jodh/2024 A.Y. 2013-14 “Ground No.1: The impugned order u/s 153A r.w.s 143(3) of the I.T. Act,1961 dated

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

ITA 707/JODH/2024[2014-15]Status: DisposedITAT Jodhpur26 May 2025AY 2014-15
Section 132Section 145(3)Section 153ASection 234ASection 250

250 of the I.T.\nAct, 1961, for the assessment years 2013-14, 2014-15, 2015-16 & 2016-17. The\ngrounds and revised grounds raised in these appeals are being reproduced as under\n:-2\nITA Nos. 706 to 709/Jodh/2024\nAshiana Buildprop Pvt. Ltd., Udaipur.\nIn ITA No. 706/Jodh/2024 A.Y. 2013-14\n“Ground No.1: The impugned order u/s 153A r.w.s

CHHITAR MAL JAIN ,UDAIPUR vs. ITO, WARD-2(1), UDAIPUR

In the result, the appeal of the assessee bearing ITA No

ITA 113/JODH/2022[2019-20]Status: DisposedITAT Jodhpur22 Nov 2023AY 2019-20

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 10Section 143(1)Section 154Section 250Section 70

250 of the Income-tax Act, 1961 (in brevity the Act) for assessment year 2019-20. The impugned order was emanated from the order of the CPC, Bengaluru, (in brevity the ld. AO) order passed u/s 154/143(1) of the Act. 2. The assessee has taken the following grounds: I.T.A. No. 113/Jodh/2022 2 Assessment Year

NARAYANI BAI DANGI,UDAIPUR vs. ITO WARD 2(1), UDAIPUR

In the result, the appeal of the assessee bearing ITA No

ITA 42/JODH/2022[2016-17]Status: DisposedITAT Jodhpur13 Oct 2023AY 2016-17

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.42/Jodh/2022 Assessment Year: 2016-17

Section 143(3)Section 147Section 148Section 151Section 234Section 250Section 54B

250 of the Income Tax Act 1961, [in brevity ‘the Act’] for A.Y. 2016-17. The impugned order was emanated from the order of the Income Tax Officer, Ward 2(1), Udaipur,[in brevity ‘the AO’] order passed u/s 143(3) r.w.s. 147of the Act. 2. The assessee has taken the following ground: I.T.A. No.42/Jodh/2022 2 Assessment Year

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

250 of the I.T.\nAct, 1961, for the assessment years 2013-14, 2014-15, 2015-16 & 2016-17. The\ngrounds and revised grounds raised in these appeals are being reproduced as under\n:-\n2\nITA Nos. 706 to 709/Jodh/2024\nAshiana Buildprop Pvt. Ltd., Udaipur.\nIn ITA No. 706/Jodh/2024 A.Y. 2013-14\n“Ground No.1: The impugned order u/s 153A r.w.s

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

In the result, appeals of the assessee are partly allowed

ITA 708/JODH/2024[2015-16]Status: DisposedITAT Jodhpur26 May 2025AY 2015-16
Section 132Section 145(3)Section 153ASection 234ASection 250

250 of the I.T.\nAct, 1961, for the assessment years 2013-14, 2014-15, 2015-16 & 2016-17. The\ngrounds and revised grounds raised in these appeals are being reproduced as under\n:- \n2\nITA Nos. 706 to 709/Jodh/2024\nAshiana Buildprop Pvt. Ltd., Udaipur.\nIn ITA No. 706/Jodh/2024 A.Y. 2013-14\n“Ground No.1: The impugned order u/s 153A r.w.s

AMRINDER SINGH JOSAN,SRI GANGANAGAR vs. ITO, WARD-3,, SRIGANGANAGAR

In the result, the appeal bearing ITA 492/Jodh/2023 is allowed for statistical purposes

ITA 492/JODH/2023[2011-12]Status: DisposedITAT Jodhpur15 Dec 2023AY 2011-12

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 147Section 148Section 250Section 48Section 68

250 of the Income Tax Act 1961, [in brevity ‘the Act’] for A.Y. 2011-12. The impugned order was emanated from the order of the Income Tax Officer, Ward -3, Sriganga Nagar,[in brevity ‘the AO’] order passed u/s 147/143(3) of the Act. 2. The assessee has taken the following ground: I.T.A.No. 492/Jodh/2023 2 &S.A.No.10/Jodh/2023 “1. That

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 111/JODH/2023[2011-12]Status: DisposedITAT Jodhpur21 Dec 2023AY 2011-12

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

250 of the Income Tax Act 1961, [in brevity the Act] for A.Ys. 2011-12 to 2014-15. The impugned orders were emanated from the order of I.T.A. Nos. 111 to 114/Jodh/2023 2 Assessment Years: 2011-12 to 2014-15 the ld. Dy. Commissioner of Income Tax, Central Circle-1, Jodhpur, (in brevity the AO) order passed u/s 271(1

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 113/JODH/2023[2013-14]Status: DisposedITAT Jodhpur21 Dec 2023AY 2013-14

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

250 of the Income Tax Act 1961, [in brevity the Act] for A.Ys. 2011-12 to 2014-15. The impugned orders were emanated from the order of I.T.A. Nos. 111 to 114/Jodh/2023 2 Assessment Years: 2011-12 to 2014-15 the ld. Dy. Commissioner of Income Tax, Central Circle-1, Jodhpur, (in brevity the AO) order passed u/s 271(1

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 114/JODH/2023[2014-15]Status: DisposedITAT Jodhpur21 Dec 2023AY 2014-15

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

250 of the Income Tax Act 1961, [in brevity the Act] for A.Ys. 2011-12 to 2014-15. The impugned orders were emanated from the order of I.T.A. Nos. 111 to 114/Jodh/2023 2 Assessment Years: 2011-12 to 2014-15 the ld. Dy. Commissioner of Income Tax, Central Circle-1, Jodhpur, (in brevity the AO) order passed u/s 271(1

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 112/JODH/2023[2012-13]Status: DisposedITAT Jodhpur21 Dec 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

250 of the Income Tax Act 1961, [in brevity the Act] for A.Ys. 2011-12 to 2014-15. The impugned orders were emanated from the order of I.T.A. Nos. 111 to 114/Jodh/2023 2 Assessment Years: 2011-12 to 2014-15 the ld. Dy. Commissioner of Income Tax, Central Circle-1, Jodhpur, (in brevity the AO) order passed u/s 271(1

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)

250 of the Income Tax (Act), 1961. The assessee has raised the following grounds of appeal. 1. THAT IN THE FACTS AND IN THE CIRCUMSTANCES LEARNED INCOME TAX OFFICER HAS WRONGLY IMPOSED PENALTY U/S 271(1)(b) FOR Rs 10000/- Shrinath Products, Udaipur. 2. WITHOUT ANY DACIC THAT ASSESSMENT ORDER WAS PASSED U/S 144 NO NOTICE WAS SERVED