RAVINDRA HERAEUS PRIVATE LIMITED,UDAIPUR vs. PR. CIT, UDIAPUR , UDAIPUR

In the result, both the appeals filed by the assessee are allowed in light of aforesaid directions

1 Where the case is Selected Reference to the TPO is mandatory for scrutiny either under CASS or compulsory manual selection on the basis of transfer pricing risk parameter 2 Where the case is selected Reference shall be made to the TPO only in the for scrutiny on non-transfer following three cases: pricing risk parameter a. Failure to report

AJMER DEVELOPMENT AUTHORITY,AJMER vs. CIT(EXEMPTION)/ ITO (EXEMPTION), JAIPUR / JODHPUR

In the result, the stay application filed by the assessee is dismissed

Bench: Shri Kul Bharatshri Manish Borad

price of the product/service of the business and the institution is following the same principal by selling property. Builders or real estate developers do the same activity which is being done by the assessee such as purchase and sale of land at commercial principles and rates, development of land and 42 | P a g e sale by auction or otherwise

SECURE METERS LIMITED,UDAIPUR vs. PR. CIT, UDAIPUR

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadavassessment Year:2016-17 Secure Meters Limited, Vs. Pr.Cit, E-Class, Pratap Nagar Udaipur. Industrial Area, Udaipur-313001. Pan No. Aaccs 8785 M

b)where there has been a transfer pricing adjustment of ₹10 Crore or more in an earlier assessment year and such adjustment has been upheld by the judicial authorities or is pending in appeal; and (c)where search and seizure or survey operations have been carried out under the provisions of the Income-tax Act and findings regarding transfer pricing

SMT. JAYA MOGRA,UDAIPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

In the result, appeal of the assessee in ITA No

transfer of land, simultaneously, action for imposition of penalty u/s 271(1)(c) for concealment of particulars of income was initiated by issue of notice u/s 271(1)(c) on dated 18-09-2018. 1.3 Since, the appellant has not preferred an appeal against said enhancement order of CIT (A) before the Hon’ble ITAT i.e. First appellate Authority

P I INDUSTRIES LIMITED ,UDAIPUR vs. PR. CIT, UDAIPUR, UDAIPUR

Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadavassessment Year:2016-17 Pi Industries Limited, Vs. Pr.Cit, Udaisagar Road, Udaipur. Udaipur-313001. Pan No. Aabcp 2183 M

b)where there has been a transfer pricing adjustment of ₹10 Crore or more in an earlier assessment year and such adjustment has been upheld by the judicial authorities or is pending in appeal; and (c)where search and seizure or survey operations have been carried out under the provisions of the Income-tax Act and findings regarding transfer pricing

BHAMASHAH SUNDARLAL DAGA CHARITABLE TRUST,BIKANER vs. CIT - EXEMPTION, JAIPUR

The appeal of the assessee is allowed for statistical purpose

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.278/Jodh/2023 िनधा"रण वष" / Assessment Year : N.A. Bhamashah Sundarlal Daga The Commissioner Of Charitable Trust, V Income Tax-Exemption, Bagree Mohallan, S Jaipur. Bikaner – 334001. Pan: Aaetb1013C Appellant/ Assessee Respondent/ Revenue Assessee By Shri Suresh Ojha – Ar Revenue By Smt. Alka Rajvanshi Jain – Cit(Dr) Date Of Hearing 14/08/2023 Date Of Pronouncement 10/11/2023

B transfers the property to A for the same price at which he originally purchased it, he should be liable to pay tax on the basis as if he has received the market value of the property as on the date of resale, if, in the mean-while, the market price has shot up and exceeds the agreed price

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

13 is that based on the seized material ld. AO noted that page no. 5 of exhibit 7 of Annexure As seized from the premises at 56, New Fatehpura, Udaipur it was noted that there is suppression of turnover by the assessee. Statements of Shri Manish Chhapparwal director of the assessee company was also recorded during the search

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

13 is that based on the seized material ld. AO noted that page no. 5 of exhibit 7 of Annexure As seized from the premises at 56, New Fatehpura, Udaipur it was noted that there is suppression of turnover by the assessee. Statements of Shri Manish Chhapparwal director of the assessee company was also recorded during the search

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

13 is that based on the seized material ld. AO noted that page no. 5 of exhibit 7 of Annexure As seized from the premises at 56, New Fatehpura, Udaipur it was noted that there is suppression of turnover by the assessee. Statements of Shri Manish Chhapparwal director of the assessee company was also recorded during the search

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

13 is that based on the seized material ld. AO noted that page no. 5 of exhibit 7 of Annexure As seized from the premises at 56, New Fatehpura, Udaipur it was noted that there is suppression of turnover by the assessee. Statements of Shri Manish Chhapparwal director of the assessee company was also recorded during the search

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

13 is that based on the seized material ld. AO noted that page no. 5 of exhibit 7 of Annexure As seized from the premises at 56, New Fatehpura, Udaipur it was noted that there is suppression of turnover by the assessee. Statements of Shri Manish Chhapparwal director of the assessee company was also recorded during the search

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

13 is that based on the seized material ld. AO noted that page no. 5 of exhibit 7 of Annexure As seized from the premises at 56, New Fatehpura, Udaipur it was noted that there is suppression of turnover by the assessee. Statements of Shri Manish Chhapparwal director of the assessee company was also recorded during the search

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

13 is that based on the seized material ld. AO noted that page no. 5 of exhibit 7 of Annexure As seized from the premises at 56, New Fatehpura, Udaipur it was noted that there is suppression of turnover by the assessee. Statements of Shri Manish Chhapparwal director of the assessee company was also recorded during the search

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

13 is that based on the seized material ld. AO noted that page no. 5 of exhibit 7 of Annexure As seized from the premises at 56, New Fatehpura, Udaipur it was noted that there is suppression of turnover by the assessee. Statements of Shri Manish Chhapparwal director of the assessee company was also recorded during the search

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

13 is that based on the seized material ld. AO noted that page no. 5 of exhibit 7 of Annexure As seized from the premises at 56, New Fatehpura, Udaipur it was noted that there is suppression of turnover by the assessee. Statements of Shri Manish Chhapparwal director of the assessee company was also recorded during the search

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

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

b) Project cost should be identifiable and measurable clearly; (c )The duration of project is beyond 12 months and the project commencement date and project completion date should all in different accounting period. (d) At least 25% of saleable project area is secured by contracts or agreements with buyers. (e) At least 10% of the total revenue as per agreements

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

In the result, the appeal of the revenue is dismissed

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

b. DCIT vs. Allied Construction (2007) 105 ITDT 1 (Del)(SB) Income from Other Sources-Vis a vis income from business-Investment in fixed deposits out of surplus funds generated from business out of award of arbitrators for damages for breach of contract-Offer of FD as security for various facilities availed by the assessee from banks- Interest received

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

13. 1,74,46,411 Plot at Panchsati Circle(Plot No. 53) 14. 3,34,425 Tubewell at Khara bypass land 15. Total 2,47,25,282  According to the ld. PCIT, while completing the assessment, the source of acquisition of the mentioned immovable assets has not been examined by the AO. However, the ld. AR submitted that during

SHREE NAVKAR REALINFRA PRIVATE LIMITED,BHILWARA vs. PCIT, UDAIPUR

In the result, appeal of the assessee is allowed

Bench: Or At The Time Of Hearing Of This Appeal.”

transfer of immovable properties to FSPL (Fashion Suiting Pvt. Ltd.) by evading the Stamp Duty on circle rate and valuation on circle rate. Hence, necessary verification and enquiry may be done by the AO on this aspect and accordingly necessary action may be taken as per the I.T. Act. Further, no explanation has been offered as to what happened