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

long term, accordingly, gain arising from sale was eligible for deduction U/s 54F of the Act. Accordingly, we direct the A.O. to treat the property on sale of land as capital gains and given the benefit of exemption claimed by the assessee U/s 54F of the Act. We direct accordingly. 17. The next grievance of the assessee relates to allowing

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

long term, accordingly, gain arising from sale was eligible for deduction U/s 54F of the Act. Accordingly, we direct the A.O. to treat the property on sale of land as capital gain and given the benefit of exemption claimed by the assessee U/s 54 of the Act. We direct accordingly. 17. The next grievance of the assessee relates to allowing

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

disallowed and added to the total income of assessee in the head of capital gain under short term capital gain for the relevant year." 14 ITA 26/Jodh/2021 Sukhdev Chayal Vs PCIT However, after analyzing the order of assessment, the ld. PCIT directed that the sale of land be booked under the head Business and Profession rather than STCG

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

In the result, the appeal of the assessee is allowed

long-term capital gain invested in two bungalows which were adjacent to each other and used as one residential unit Assessing Officer disallowed

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

long term, accordingly, gain arising from sale was eligible for deduction U/s 54F of the Act. Accordingly, we direct the A.O. to treat the property on sale of land as capital gain and given the benefit of exemption claimed by the assessee U/s 54 of the Act. We direct accordingly. 17. The next grievance of the assessed relates to allowing

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

Appeal of the assessee is allowed

Long Term Capital Gain after disallowing the claim under section 10(38) of the IT Act, 1961. The assessee being

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

In the result, both appeals of the assessee are allowed

long term 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

long term 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

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

In the result, the appeal is dismissed

long term capital gain. While so observing, the authorities held that the assessee has not tendered cogent evidence to explain as to how the shares in a unknown company worth Rs. 5/- had jumped to Rs. 485/- in no time. The Income Tax Appellate Tribunal held that the fantastic sale price was not at all possible as there

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) :

Long-Term Capital Gains (LTCG). However, as held in assessment order for AY 2012-13, Ld. AO chose to treat the sale consideration as Business Income and accordingly, worked out business income of Rs.7.03 Crores. The plea that the Tribunal already accepted the same as Capital Gains was rejected since the department was in further appeal before Hon’ble High

SHYAM SUNDAR INANI,JODHPUR vs. ITO, WARD, PHALODI

In the result, the appeal is allowed for statistical purposes

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

Disallowance of deduction under Chapter VI-A; 4. Estimation of income without rejection of books of account; and 5. Denial of cost of construction in computation of long-term capital gain

HARISH KUMAR BAHETI,BHILWARA vs. ACIT, CIRCLE, BHILWARA

The appeal stands allowed for statistical purposes

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.56/Jodh/2018 ("नधा"रणवष" / Assessment Year: 2014-15) Harish Kumar Baheti Acit –Circle Bhilwara बनाम C/O M/S. R.K. Bhandari & Associates (Ca) Rajasthan City Tower, Gandhi Bazar / Vs. Bhilwara, Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adlpb-1795-K (अपीलाथ"/Appellant) (""यथ" / Respondent) :

disallowance of Investments made for Construction of Building of Rs.23,49,833/- which were being borrowed from Banks. 3. The A.O. was not justified in considering the Investment made for purchase of Residential of Rs.30,00,000/- which in fact not shown in original Income Tax Return because there was loss in the head Long Term Capital Gain

SURENDRA KUMAR MATHUR,JODHPUR vs. ITO, WARD-3(1), JODHPUR

In the result the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwalsurendra Kumar Mathur, Vs. I.T.O., Kuldip Vihar, Pal Road, Ward 3(1) Jodhpur. Jodhpur. Pan No. Akbpm 1606 K Assessee By Shri Amit Kothari Ca & Shri Abhinav Kothari Ca Revenue By Shri K.C. Badhok, Cit-Dr Date Of Hearing 06.11.2020 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)-1, Jodhpur Dated 16/07/2018 For The A.Y. 2012-13, Wherein The Assessee Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Partly Not Allowing Deduction For Cost Of Improvement Incurred In Fy 1991-92 At 2,12,500/- Out Of Total Claim Of Rs. 8,50,000/-. 2. The Ld. Cit(A) Has Further Erred In Partly Not Allowing Deduction For Cost Of Improvement Incurred In Fy 2001-02 At 1,06,250/- Out Of Total Claim Of Rs. 4,25,000/-. 3. The Ld. Cit(A) Has Erred In Sustaining The Addition Of Rs. 3,35,554/- On Account Of Fair Market Value U/S 50C Of The Act. The Declared Sale Consideration Deserved To Be Taken For Computing Long Term Gain.

long term capital gain is bad in law and bad on facts. 5. The appellant craves liberty to add, amend, alter and modify any of the ground of appeal on or before its hearing before you Honour.” 2. The hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic

KISHAN MEHTA,UDAIPUR vs. ACIT, CIRCLE-1,, UDAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri R.C.Sharma & Shri Sandeep Gosainkishan Mehta, Vs A.C.I.T., D-19-20, Shiv Park Circle-1, Colony, Durga Nursery Udaipur. Road, Udaipur-313001. (Appellant) (Respondent) Pan: Acipm 6039 R

capital gains offered by the assessee, the A.O. made disallowance of improvement expenses of Rs. 2.50 lacs, transfer expenses of Rs. 7.00 lacs paid as brokerage and construction expenditure of Rs. 2,32,28,644/-. 3. From the record, we found that during the year under consideration the assessee sold property. Long Term

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

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

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

disallowance of set off of Short Term Capital Loss by Short and Long Term Capital Gains as provided in section

ACIT, CIRCLE, BHILWARA vs. M/S. SURAJ FABRICS INDUSTRIES LTD. , KOLKATA

In the result appeal of the revenue is dismissed

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteassessment Year: 2010-11 Assistant Commissioner M/S Suraj Fabrics Industries Of Income-Tax, Circle, Vs Ltd., 224A, Elegant Tower, Bhilwara A.J.C. Bose Road, Kolkata, West Bengal Pan: Aabcs8988B Appellant / Revenue Respondent / Assessee Revenue By Smt. Alka Rajvanshi Jain, Cit-Dr Assessee By None Date Of Hearing 11.08.2023 Date Of Pronouncement 11.08.2023 Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Department Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Ajmer Dated 06.09.2017 Deleting The Penalty Under Section 271(1)(C) Of The Act For A.Y. 2010-11. The Assessee Has Raised Following Grounds Of Appeal As Under:- “1. Cancelling The Penalty Levied For Addition Of Unexplained Cash Credit On A/C Of Share Capital Of 10,00,00,000/- Without Appreciating The Facts That The Quantum Addition Made By The Ao Was Confirmed By The Ld.Cit(A) As The Identity & M/S Suraj Fabrics Industries Ltd.

disallowance of Rs. 5,16,066/- made u/s 40A(3) is hereby cancelled. (iii) Regarding the addition of Rs. 28,950/- made under the head "long term capital gain

SATYA NARAYAN DHOOT,JODHPUR vs. PR. CIT-1, JODHPUR

In the result, the appeal of the assessee is allowed in respect of above said three issues

Bench: Shri B.R. Baskaran (Am) & Shri Sandeep Gosain (Jm) I.T.A. No. 49/Jodh/2022 (A.Y. 2017-18) Vs. Pcit-1 Satya Narayan Dhoot C/O Rajendra Jain Advocate Jodhpur 106, Akshay Deep Complex 5Th B Road, Sardarpura Jodhpur, Rajasthan-342 001. Pan : Aanpd4945L (Appellant) (Respondent) Assessee By Shri Rajendra Jain Department By Smt. Alka Rajvanshi Jain Date Of Hearing 03.11.2022 Date Of Pronouncement 17 .01.2023 O R D E R Per B.R.Baskaran (Am) :-

long term capital gain claimed u/s 10(38) of the Act to the tune of Rs.1.42 crores (as against Rs.5.77 crores mentioned by AO). Be that as it may, before Ld PCIT, the assessee has also submitted that the JM Arbitrage advantage fund is a equity oriented fund and the sale transactions have suffered STT, which is the condition

MURLIDHAR KRIPLANI,UDAIPUR vs. ITO, WARD-2(3), UDAIPUR

In the result, the appeal of the assessee is allowed

Bench: Completing The Assessment Of Income Which Is Mandatory In Sh. Murlidhar Kriplani Vs. Ito Nature. The Commissioner Of Income Tax (Appeals) Also Confirmed That Where Return Of Income Filed Beyond Time As Contemplated Under Section 139, It Is Not Necessary On Part Of Ao To Issue Notice U/S 143(2) Which Is Bad In Law & Unjustified & Not Tenable As Per The Hon'Ble Rajasthan High Court Jaipur Bench In Case Of Ito Vs Kamla Devi Sharma In Db

disallowing the deduction claimed u/s 54F by the assessee as there was no addition on the ground as recorded in reasons to believe u/s 148. The Ld. CIT(A) order is against the binding judicial precedents of Rajasthan High Court in case of CIT vs Sh. Ram Singh (306 ITR 343) & CIT v/s Dr. Devendra Gupta (336 ITR 59) 4.That