SANJU SONI,JODHPUR vs. ITO, WARD-1(1), JODHPUR

14. In view of the above findings, both the appeals deserve to be allowed

Bench: Dr. MITHA LAL MEENA (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), relating to the assessment year 2022-23, whereby his appeal challenging intimation u/s 143(1) of the Act issued by Centraized Processing Centre (CPC), has been dismissed, on the following grounds:- “On perusal of the documents attached by the appellant, the contention of appellant is not found

SHRI AMANDEEP SINGH ,PUNJAB vs. ITO, WARD-1,, SRIGANGANAGAR

In the result, the appeal filed by the assessee stands allowed and Stay Application No

Bench: Shri N.K.Saini & Shri N.K. Choudhryassessment Year: 2009-10

250(6) of the Income Tax Act 1961 (hereinafter called as the 'Act') whereby the Ld. CIT(A) has affirmed the assessment order dated 29.12.2016 passed by the ITO, Ward-1, Sri Ganganagar u/s 143(3) of the Act. 2 ITA No.252/Jodh/2018 & S.A. No.06/Jodh/2018 Shri Amand Deep Singh vs. ITO 2. The brief facts of the case are that

OM PRAKASH BISHU,KUCHAMAN CITY vs. DCIT, JODHPUR

In the result, appeal of the assessee is allowed

section 115BBE of the Act on the professional income of Rs. 1,00,00,000/- surrendered by the appellant assessee during the course of survey u/s 133A and which was included by him in his return income. The ld. AO has also erred in invoking provisions of sec. 115BBE on addition of Rs.1,00,000/- made

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

250. 4. That the tax effect involved in this case is above the limit laid down in Circular No. 17/2019 dated 08.08.2019 issued by the CBDT, (Judicial Section) New Delhi." 2. The sole issue challenged by the revenue is that the CIT (A)/NFAC was not justified in treatment of the income from the sale of immovable properties as capital

INDU BALA PORWAL,UDAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRE CIRCLE-1, UDAIPUR, UDAIPUR

In the result, ground no 5, 9 and 11 appeal is also allowed in favor as indicated above

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

250 of the Income 1 Indu Bal Porwal vs. DCIT Central Circle-1, Udaipur Tax Act, 1961 [“the Act”] is perverse, arbitrary, and bad in law, non-speaking and without jurisdiction. 2. Under the facts and circumstances of the case and in law, Ld. CIT (A)’s Order is without application of mind, perverse and untenable in law which requires

SHRI BHANWAR LAL,JODHPUR vs. DCIT, CENTRAL CIRCLE-1, JODHPUR

In the result the appeals of the assessee ITA Nos

Bench: Shri Mitha Lal Meena & Shri Anikesh Banerjee

250 of the Income-tax Act, 1961 (in short, ‘the Act'), for Assessment Year 2013-14 to 2018-19, date of order 04/03/2025 & for AY 2019-20, date of order 05/03/2025. The impugned orders emanated from the order of the Ld. Assistant Commissioner of Income-tax/ DC Cen CIR-1, JDH, (in short, ‘Ld.AO') passed under section

TARUN MURADIA,UDAIPUR vs. DCIT CENTRAL CIRCLE-1 UDAIPUR, UDAIPUR

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

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

property discovered in course of search which were not produced or not already disclosed or made known in course of original assessment—Assessment in respect of each of six assessment years was separate and distinct assessment—U/s.153A , assessment had to be made in relation to search or 7 Tarun Murdia , Udaipur requisition, namely, in relation to material disclosed during search

SUBHASH CHAND JAIN ,JODHPUR vs. ACIT, CIRCLE-1, JODHPUR

In the result the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwal

Section 50C(2). The Ld. DVO has taken (+)50% as factor of adjustment on account of Location/Situation addition due to property situated on 100 mtr wide Ring Road With 44’0” wide front, he has not even considered the concept of commercial potential and ascertained the FMV based on the land used reported by him. 12 ITA 111 & 112/Jodh/2020 Subhash

SUBHASH CHAND JAIN ,JODHPUR vs. ACIT, CIRCLE-1, JODHPUR

In the result the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwal

Section 50C(2). The Ld. DVO has taken (+)50% as factor of adjustment on account of Location/Situation addition due to property situated on 100 mtr wide Ring Road With 44’0” wide front, he has not even considered the concept of commercial potential and ascertained the FMV based on the land used reported by him. 12 ITA 111 & 112/Jodh/2020 Subhash

SATYA NARAYAN CHOUDHARY ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-1, UDAIPUR

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

Bench: Shri R.C. Sharma & Shri Sandeep Gosainsatya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur. (Appellant) (Respondent) Pan No. Aappc 9260 P Satya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur.

250 ITR 467, (ii) Vasanthi vs. ACIT 257 ITR 94, (iii) Surendra Khandhar vs. ACIT 321 ITR 254 (Bom.) (iv) Jagjit Pal Singh Anand vs. CIT 320 ITR 106 (Del.). Recently, the ITAT, Delhi in the case of Rajendra Kumar vs. DCIT in ITA No.1959/Del/2017 dated 27.02.2020 held that no addition is warranted 6 ITA 266 & 392/Jodh/2019 Satya Nr. Choudhary

SATYA NARAYAN CHOUDHARY ,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, UDAIPUR

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

Bench: Shri R.C. Sharma & Shri Sandeep Gosainsatya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur. (Appellant) (Respondent) Pan No. Aappc 9260 P Satya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur.

250 ITR 467, (ii) Vasanthi vs. ACIT 257 ITR 94, (iii) Surendra Khandhar vs. ACIT 321 ITR 254 (Bom.) (iv) Jagjit Pal Singh Anand vs. CIT 320 ITR 106 (Del.). Recently, the ITAT, Delhi in the case of Rajendra Kumar vs. DCIT in ITA No.1959/Del/2017 dated 27.02.2020 held that no addition is warranted 6 ITA 266 & 392/Jodh/2019 Satya Nr. Choudhary

RAJ KUMARI SINGHAL,MOUNT ABU vs. DCIT, CENTRAL CIRCLE-1, JODHPUR

In the result, the appeals of assessee bearing ITA Nos

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

250(6) of the Income Tax Act 1961, [in brevity ‘the Act’] for A.Ys. 2013-14 to 2015-16& 2017- 18 to 2019-20. The impugned orders were emanated from the order of the ld. DCIT, Central Circle Jodhpur, (in brevity the AO) order passed u/s 153A of the Act. 2. At the outset, both the assessee and the revenue

RAJKUMARI SINGHAL,MOUNT ABU vs. DCIT,. CENTRAL CIRCLE-1, JODHPUR

In the result, the appeals of assessee bearing ITA Nos

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

250(6) of the Income Tax Act 1961, [in brevity ‘the Act’] for A.Ys. 2013-14 to 2015-16& 2017- 18 to 2019-20. The impugned orders were emanated from the order of the ld. DCIT, Central Circle Jodhpur, (in brevity the AO) order passed u/s 153A of the Act. 2. At the outset, both the assessee and the revenue

RAJKUMARI SINGHAL,MOUNT ABU vs. DCIT,. CENTRAL CIRCLE-1, JODHPUR

In the result, the appeals of assessee bearing ITA Nos

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

250(6) of the Income Tax Act 1961, [in brevity ‘the Act’] for A.Ys. 2013-14 to 2015-16& 2017- 18 to 2019-20. The impugned orders were emanated from the order of the ld. DCIT, Central Circle Jodhpur, (in brevity the AO) order passed u/s 153A of the Act. 2. At the outset, both the assessee and the revenue

SANJAY SINGHAL,MOUNT ABU vs. DCIT, CENTRAL CIRCLE-1, JODHPUR

In the result, the appeals of assessee bearing ITA Nos

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

250(6) of the Income Tax Act 1961, [in brevity ‘the Act’] for A.Ys. 2013-14 to 2015-16& 2017- 18 to 2019-20. The impugned orders were emanated from the order of the ld. DCIT, Central Circle Jodhpur, (in brevity the AO) order passed u/s 153A of the Act. 2. At the outset, both the assessee and the revenue

DCIT, CENTRAL CICLE-1, JODHPUR vs. SANJAY SINGHAL, MOUNT ABU

In the result, the appeals of assessee bearing ITA Nos

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

250(6) of the Income Tax Act 1961, [in brevity ‘the Act’] for A.Ys. 2013-14 to 2015-16& 2017- 18 to 2019-20. The impugned orders were emanated from the order of the ld. DCIT, Central Circle Jodhpur, (in brevity the AO) order passed u/s 153A of the Act. 2. At the outset, both the assessee and the revenue

SANJAY SINGHAL,MOUNT ABU vs. DCIT, CENTRAL CIRCLE-1, JODHPUR

In the result, the appeals of assessee bearing ITA Nos

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

250(6) of the Income Tax Act 1961, [in brevity ‘the Act’] for A.Ys. 2013-14 to 2015-16& 2017- 18 to 2019-20. The impugned orders were emanated from the order of the ld. DCIT, Central Circle Jodhpur, (in brevity the AO) order passed u/s 153A of the Act. 2. At the outset, both the assessee and the revenue

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

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

House No. 01 Green Field Sri Ganganagar. Near, New Dhan Mandi, Sri Ganganagar. Raj. [PAN:AFZPJ9321B] (Respondent) (Appellant) Appellant by Sh. Suresh Ojha, Adv. Respondent by Ms. Nidhi Nair, Sr. DR. Date of Hearing 11.12.2023 Date of Pronouncement 15.12.2023 ORDER Per Anikesh Banerjee, JM: The instant appeal of the assessee is directed against the order of the Commissioner of Income