HANUMANPRASAD LALCHAND GUPTA,AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(1), AHMEDABAD

ITA 1514/AHD/2025Status: DisposedITAT Ahmedabad14 September 2026AY 2015-1621 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the right to litigate is not a capital asset, and thus the consideration received for its assignment is taxable as 'Income from Other Sources'. It also upheld the disallowance of deductions and exemptions claimed by the assessee.

What were the facts?

The assessee received Rs. 1.50 crore on assignment of a court decree and contractual rights related to land. The Assessing Officer treated this as 'Income from Other Sources' instead of capital gains. The CIT(A) upheld this decision. The assessee also claimed deductions for cost of improvement and exemption under Section 54F, which were disallowed.

What were the issues?

Whether the consideration received on assignment of a court decree and right to litigate is taxable as capital gains or income from other sources, and whether certain deductions and exemptions were rightly disallowed.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250,Section 2(14),Section 56,Section 54F,Section 68,Section 10(38),Section 45,Section 234A,Section 234B,Section 234C,Section 234D,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, C” BENCH, AHMEDABAD

Per Rahul Chaudhary, Judicial Member:

1.

The present appeal preferred by the Assessee is directed against the Order, dated 30/06/2025, passed by the National Faceless Appeal Centre (NFAC), Delhi, [hereinafter referred to as ‘the CIT(A)’] under Section 250 of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] whereby the Ld. CIT(A) had dismissed the appeal against the Assessment Order, dated 29/12/2017, passed under Section 143(3) of the Act for the Assessment Year 2015-2016. 2. The following grounds have been raised in the present app

The order continues below.

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