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)

65,056 19,32,546 Pg 137 1. Difference amount of Rs. 3,62,82,410 being market value to cost value 2. Net value of assets by granting set off against the 22,55,72,458 Portfolio Para 5.19 negative current (3,62,82,410 + Para 25.2 3 assets 80,10,38,714 Pg 28-29 A/c balance

SMT. LEELA DEVI SANKHLECHA,JODHPUR vs. ITO,WARD-3(4), JODHPUR

In the result, the appeal of the assessee is partly allowed

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmismt. Leela Devi Sankhlecha Vs The Ito C-133, Kamla Nehru Nagar Ward 3(4) X-1, Jodhpur Jodhpur (Appellant) (Respondent) Pan No. Aobps 7384 G

house property income of Rs. 3,06,701/- from the gross income Working of disallowance also does not specify under which clause of Rule 8D the calculation is made. There is ambiguity in the AO's action as to how the figures 678344X1126578/9658600 have been arrived at. Therefore, in the interest of natural justice, I direct

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

houses thereon amounted to adventure in the nature of trade and accordingly, the AO brought to tax the profit on sale of properties as income from business and disallowed the deductions/exemptions claimed by the appellant u/s.54F of the Act and 54EC of the Act. Aggrieved by the said additions/disallowances, the appellant is in appeal and has raised 07 grounds which

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

65,290/-. Finally, the AO completed the assessment u/s 153A r.w.s. 143(3) of the Act vide order dated 14.08.2021 at a total income of Rs. 16,94,820/- by making an I.T.A. Nos. 111 to 112/Jodh/2022 & Ors 6 addition of Rs. 1,45,950/- made by the ld. AO on account of suppression of sale revealed from the seized

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

65,290/-. Finally, the AO completed the assessment u/s 153A r.w.s. 143(3) of the Act vide order dated 14.08.2021 at a total income of Rs. 16,94,820/- by making an I.T.A. Nos. 111 to 112/Jodh/2022 & Ors 6 addition of Rs. 1,45,950/- made by the ld. AO on account of suppression of sale revealed from the seized

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

65,290/-. Finally, the AO completed the assessment u/s 153A r.w.s. 143(3) of the Act vide order dated 14.08.2021 at a total income of Rs. 16,94,820/- by making an I.T.A. Nos. 111 to 112/Jodh/2022 & Ors 6 addition of Rs. 1,45,950/- made by the ld. AO on account of suppression of sale revealed from the seized

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

65,290/-. Finally, the AO completed the assessment u/s 153A r.w.s. 143(3) of the Act vide order dated 14.08.2021 at a total income of Rs. 16,94,820/- by making an I.T.A. Nos. 111 to 112/Jodh/2022 & Ors 6 addition of Rs. 1,45,950/- made by the ld. AO on account of suppression of sale revealed from the seized

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

65,290/-. Finally, the AO completed the assessment u/s 153A r.w.s. 143(3) of the Act vide order dated 14.08.2021 at a total income of Rs. 16,94,820/- by making an I.T.A. Nos. 111 to 112/Jodh/2022 & Ors 6 addition of Rs. 1,45,950/- made by the ld. AO on account of suppression of sale revealed from the seized

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

65,290/-. Finally, the AO completed the assessment u/s 153A r.w.s. 143(3) of the Act vide order dated 14.08.2021 at a total income of Rs. 16,94,820/- by making an I.T.A. Nos. 111 to 112/Jodh/2022 & Ors 6 addition of Rs. 1,45,950/- made by the ld. AO on account of suppression of sale revealed from the seized

SUNITA HEDA,UDAIPUR vs. ACIT/DCIT, CENTRAL CIRCLE-1, UDAIPUR-2, UDAIPUR

Appeals of the assesses are allowed

Bench: Dr. Mitha Lal Meena, HonʼBle & Dr. S. Seethalakshmi, HonʼBlepradeep Heda, 1A, Babel Ki Bari, Govind Nagar, Sector No.-13, Udaipur-313001. Pan No. Aaiph2617J Sunita Heda 1A, Babel Ki Bari, Govind Nagar, Sector No.-13, Udaipur- 313001. Pan No. Aamph3169D Assessee By Revenue By Date Of Hearing Date Of Pronouncement Dr. Mitha Lal Meena, Α.Μ.:

section and should be strictly construed (c) since the on-money received in cash will partake the same character as the sale consideration of the said property and (d) since the sale consideration was received for property held as business asset and thus, the income will partake the character of business income. Thus, the said amount should be assessed under

PRADEEP HEDA,UDAIPUR vs. ACIT/DCIT CENTRAL CIRCLE-1, UDAIPUR-2, UDAIPUR

Appeals of the assesses are allowed

Bench: Dr. Mitha Lal Meena, Hon'Ble & Dr. S. Seethalakshmi, Hon'Ble

section and should be strictly construed (c) since the on-money received in cash will partake the same character as the sale consideration of the said property and (d) since the sale consideration was received for property held as business asset and thus, the income will partake the character of business income. Thus, the said amount should be assessed under

PRADEEP HEDA,UDAIPUR vs. ACIT/DCIT, CENTRAL CIRCLE-1,UDAIPUR-2, UDAIPUR

Appeals of the assesses are allowed

Bench: Dr. Mitha Lal Meena, Hon'Ble & Dr. S. Seethalakshmi, Hon'Ble

section and should be strictly construed (c) since the on-money received in cash will partake the same character as the sale consideration of the said property and (d) since the sale consideration was received for property held as business asset and thus, the income will partake the character of business income. Thus, the said amount should be assessed under

PRADEEP HEDA,UDAIPUR vs. ACIT/DCIT, CENTRAL CIRCLE-1, UDAIPUR-2, UDAIPUR

Appeals of the assesses are allowed

Bench: Dr. Mitha Lal Meena, HonʼBle & Dr. S. Seethalakshmi, HonʼBlepradeep Heda, 1A, Babel Ki Bari, Govind Nagar, Sector No.-13, Udaipur-313001. Pan No. Aaiph2617J Sunita Heda 1A, Babel Ki Bari, Govind Nagar, Sector No.-13, Udaipur- 313001. Pan No. Aamph3169D Assessee By Revenue By Date Of Hearing Date Of Pronouncement Dr. Mitha Lal Meena, A.M.:

section and should be strictly construed (c) since the on-money received in cash will partake the same character as the sale consideration of the said property and (d) since the sale consideration was received for property held as business asset and thus, the income will partake the character of business income. Thus, the said amount should be assessed under

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

In the result the appeals of the assessee ITA Nos

house on rent for\nfive years to Shri Rajendra Karnani as per agreement. After competition of period of\nfive year he vacates the premises. During the year the appellant had utilized for self-\npurpose and not given on rent to anyone. The rental income of Rs 78,000/- as per\nagreement was disclosed by appellant while filing