211 (Mumbai Trib) and (iii) Ashutosh Jha v. ITO

190 ITD 450Income Tax Appellate Tribunal#9030 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2022 to 2026.

Sections most often in play

Section 43CASection 50CSection 56(2)(vii)(b)Section 56(2)(x)Section 120Section 129Section 142(1)Section 143(2)

Issues it is cited on

section 56(2)(x)(b)section 43casection 56(2)(vii)(b)section 43csection 56(2)(x)section 2(47)(v)section 155section 56(2)(vii)section 53stamp duty valuejdasection 56(2)

Judgments citing 211 (Mumbai Trib) and (iii) Ashutosh Jha v. ITO

CHERIE TANDON SALDAHNA ,MUMBAI vs. DCIT, CIRCLE 23(1), MUMBAI

ITA 6576/MUM/2025[2018-19]Status: DisposedITAT Mumbai18 Feb 2026AY 2018-19
Section 142(1)Section 143(2)Section 143(3)Section 144BSection 56(2)(x)

…had paid a part of consideration by cheque, provisos to section 56(2)(vii)(b) being fulfilled, stamp value as on date of agreement should be applied for purpose of said section (d) Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No. 188/Ranchi/2019 dtd.30/04/2021, [190 ITD 450 (Kolkata - Trib.).] Where assessee purchased a property and made part payment of sale consideration by cheque on very next day of execution of purchase agreement and registry was done after a year, since such part payment made by cheque on very next day of execution of agreement was towards fulfilment of terms of purchase contract itself and ther…

DANISH SHEIKH,USA vs. INCOME TAX OFFICER INTL TAX WARD 4(2)(1), MUMBAI

In the result, the appeal of the assessee is allowed

ITA 1034/MUM/2025[2016-17]Status: DisposedITAT Mumbai27 Jun 2025AY 2016-17

Bench: Shri Rahul Chaudhary & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 1034/Mum/2025 (नििाारण वर्ा / Assessment Year :2016-17) Danish Sheikh V/S. Ito International Tax, 18, Old Planters Road, बिाम Ward 4(2)(1) Beverly, Usa-999999 Kautilya Bhavan, 6Th Floor, Bandra (E), Mumbai- 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Fjxps3005Q Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Pradip Kapasi राजस्व की ओर से /Revenue By: Shri Krishna Kumar, Sr. Dr.

For Appellant: Shri Pradip KapasiFor Respondent: Shri Krishna Kumar, Sr. DR
Section 148Section 148ASection 250Section 43CSection 50CSection 56(2)(vii)Section 56(2)(vil)

…had paid a part of consideration by cheque, provisos to section 56(2)(vii)(b) being fulfilled, stamp value as on date of agreement should be applied for purpose of said section d) Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No. 188/Ranchi/2019 dtd. 30/04/2021, [190 ITD 450 (Kolkata - Trib.).] Where assessee purchased a property and made part payment of sale consideration by cheque on very next day of execution of purchase agreement and registry was done after a year, since such part payment made by cheque on very next day of execution of agreement was towards fulfilment of terms of purchase contract itself and ther…

RAKESHKUMAR SHITALPRASAD SHUKLA,GOREGAON EAST vs. WARD 41(4)(3), MUMBAI, BANDRA KURLA COMPLEX

In the result, the appeal filed by the assessee stands\nallowed

ITA 1855/MUM/2025[2018-19]Status: DisposedITAT Mumbai27 May 2025AY 2018-19
Section 56Section 56(2)(vii)Section 56(2)(x)

…paid a part of consideration by cheque, provisos to section\n56(2)(vii)(b) being fulfilled, stamp value as on date of\nagreement should be applied for purpose of said section\nd) Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No.\n188/Ranchi/2019 dtd. 30/04/2021, [190 ITD 450 (Kolkata\nTrib.).]\nWhere assessee purchased a property and made part payment\nof sale consideration by cheque on very next day of execution\nof purchase agreement and registry was done after a year,\nsince such part payment made by cheque on very next day of\nexecution of agreement was towards fulfilment of terms of\npurchase contract itself and…

SMT. KAJARI BANERJEE,KOLKATA vs. ITO WARD-29(1), KOLKTAT

In the result, the appeal of the assessee is allowed

ITA 130/KOL/2025[2018-19]Status: DisposedITAT Kolkata19 May 2025AY 2018-19
Section 143(3)Section 50(2)(X)Section 56Section 56(2)(X)

…paid a part of consideration by\ncheque, provisos to section 56(2)(vii)(b) being fulfilled, stamp value as on\ndate of agreement should be applied for purpose of said section\nd) Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No. 188/Ranchi/2019 dtd.\n30/04/2021, [190 ITD 450 (Kolkata - Trib.).]\nWhere assessee purchased a property and made part payment of sale\nconsideration by cheque on very next day of execution of purchase\nagreement and registry was done after a year, since such part payment\nmade by cheque on very next day of execution of agreement was towards\nfulfilment of terms of purchase contract itself and…

VALUKKO INFRASTRUSTURE LIMITED,MUMBAI vs. INCOME TAX OFFICER, 11(3)(2), MUMBAI

In the result, the appeal of the assessee is allowed

ITA 1034/MUM/2024[2011-2012]Status: DisposedITAT Mumbai01 Jan 2025AY 2011-2012

Bench: Shri Rahul Chaudhary & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 1034/Mum/2025 (नििाारण वर्ा / Assessment Year :2016-17) Danish Sheikh V/S. Ito International Tax, 18, Old Planters Road, बिाम Ward 4(2)(1) Beverly, Usa-999999 Kautilya Bhavan, 6Th Floor, Bandra (E), Mumbai- 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Fjxps3005Q Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Pradip Kapasi राजस्व की ओर से /Revenue By: Shri Krishna Kumar, Sr. Dr.

For Appellant: Shri Pradip KapasiFor Respondent: Shri Krishna Kumar, Sr. DR
Section 148Section 148ASection 250Section 43CSection 50CSection 56(2)(vii)Section 56(2)(vil)

…had paid a part of consideration by cheque, provisos to section 56(2)(vii)(b) being fulfilled, stamp value as on date of agreement should be applied for purpose of said section d) Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No. 188/Ranchi/2019 dtd. 30/04/2021, [190 ITD 450 (Kolkata - Trib.).] Where assessee purchased a property and made part payment of sale consideration by cheque on very next day of execution of purchase agreement and registry was done after a year, since such part payment made by cheque on very next day of execution of agreement was towards fulfilment of terms of purchase contract itself and ther…

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, HUBBALLI, HUBBALLI vs. SMT. SHEELA PRASANNAKUMAR , CHITRADURGA

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

ITA 1464/BANG/2024[2018-19]Status: DisposedITAT Bangalore20 Dec 2024AY 2018-19

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K

For Appellant: Ms. Nandini Das, CIT(DR)(ITAT), Bengaluru
Section 132Section 143(2)Section 153BSection 56(2)(x)

…Naina Saraf [2022] 142 taxmann.com 147 (Rajasthan) (ii) Rajib Rathindra Saha v. ITO (International Taxation) [2022] 139 taxmann.com 211 (Mumbai Trib) and (iii) Ashutosh Jha v. ITO [IT Appeal No. 188 (Ran.) of 2019 dated 30-4- 2021]/[2021] 129 taxmann.com 204/190 ITD 450 (Kol. - Trib.). 7. We find that the assessee has purchased the flat vide agreement dated 13-7-2009 and the section 56(2)(x) of the Act was not in the statute book, and also it is well settled principle of Law that a charging section cannot be pressed into service retrospectively unless it is specifically provided for by the legislature. The provi…

NARAIN LAL AGRAWAL,JAIPUR vs. DCIT CIRCLE 1 JAIPUR, JAIPUR

ITA 744/JPR/2023[2020-21]Status: DisposedITAT Jaipur25 Jun 2024AY 2020-21
For Appellant: Sh. Tarun Mittal (CA)For Respondent: Sh. A. S. Nehra (Addl. CIT)
Section 143(3)Section 56(2)Section 56(2)(x)

…, had paid a part of consideration by cheque, provisos to section 56(2)(vii)(b) being fulfilled, stamp value as on date of agreement should be applied for purpose of said section. Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No. 188/Ranchi/2019 dtd. 30/04/2021, [190 ITD 450 (Kolkata - Trib.).](APB 84 to 89) Where assessee purchased a property and made part payment of sale consideration by cheque on very next day of execution of purchase agreement and registry was done after a year, since such part payment made by cheque on very next day of execution of agreement was towards fulfilment of terms of purchase contract i…

SMT. PINKI CHETAN SHAH,MUMBAI vs. ADDL/JT/DY/ACIT, ITO-20(2)(1), MUMBAI

In the result, the appeal of the assessee is allowed

ITA 3629/MUM/2023[2018-19]Status: DisposedITAT Mumbai27 Feb 2024AY 2018-19

Bench: Shri Aby T Varkey, Jm & Ms Padmavathy S, Am

For Appellant: Shri Govind Prasad, CAFor Respondent: Dr. Yogendra T. Wakare, DR
Section 2Section 56(2)(x)

…had paid a part of consideration by cheque, provisos to section 56(2)(vii)(b) being fulfilled, stamp value as on date of agreement should be applied for purpose of said section d) Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No. 188/Ranchi/2019 dtd. 30/04/2021, [190 ITD 450 (Kolkata - Trib.).] registry by invoking section 56(2)(vii)(b) e) Dy. CIT-5(3)(1) vs. Deepak Shashi Bhusan Roy ITA No. 3204 & 3316/M/2016 dtd. 30/07/2018(Mum.) (Trib.) In order to determine taxability of capital gain arising from sale of property, it is date of allotment of property which is relevant for purpose of computing holding period and no…

SULOCHANA SAIJAN MODI,MUMBAI vs. INCOME TAX OFFICER-NATIONAL E-ASSESSMENT CENTRE, MUMBAI

In the result, the appeal filed by assessee is allowed

ITA 557/MUM/2023[2018-2019]Status: DisposedITAT Mumbai23 May 2023AY 2018-2019

Bench: Shri Kuldip Singh& Shri Om Prakash Kantsulochana Saijan Modi, Ito, A-501, Akar Apartment, National E- बनाम/ Film City Road, Malad Assessment Centre, Vs. East, Mumbai-400097. Mumbai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaopm0887F (अपीलाथ"/Appellant) (""थ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri Shashi Tulsian ""थ" की ओर से/Respondent By: Shri Ajay Singh, Sr.Ar सुनवाई की तारीख/ Date Of Hearing 11/05/2023 घोषणा की तारीख /Date Of Pronouncement 23/05/2023 आदेश / Order Per Om Prakash Kant - Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.01.2023 Passed By Cit(A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] For Assessment Year (“Ay”) 2018-19. 2. The Grounds Raised By The Assessee Are Reproduced As Under: -

For Appellant: Shri Shashi TulsianFor Respondent: Shri Ajay Singh, Sr.AR
Section 143(3)Section 56(2)(x)

…had paid a part of consideration by cheque, provisos to section 56(2)(vii)(b) being fulfilled, stamp value as on date of agreement should be applied for purpose of said section d) Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No. 188/Ranchi/2019 dtd.30/04/2021, [190 ITD 450 (Kolkata - Trib.).] Where assessee purchased a property and made part payment of sale consideration by cheque on very next day of execution of purchase agreement and registry was done after a year, since such part payment made by cheque on very next day of execution of agreement was towards fulfilment of terms of purchase contract itself and ther…

SWATI ATUL KADAKIA ,MUMBAI vs. ITO 16(3)(1), MUMBAI

In the result, appeal filed by the assessee is allowed

ITA 338/MUM/2023[2018-19]Status: DisposedITAT Mumbai15 May 2023AY 2018-19

Bench: Shri S. Rifaur Rahman, Hon'Bleswati Atul Kadakia V. Income Tax Officer – 16(3)(1) Room No. 447 1302, Vasant Aradhana Tower Aayakar Bhavan, New Marine Lines Mahavir Nagar, Kandivali (W) Mumbai - 400020 Mumbai - 400067 Pan: Aabpk8725D (Appellant) (Respondent)

Section 143(2)Section 56(2)(x)

…had paid a part of consideration by cheque, provisos to section 56(2)(vii)(b) being fulfilled, stamp value as on date of agreement should be applied for purpose of said section d. Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No. 188/Ranchi/2019 dtd. 30/04/2021, [190 ITD 450 (Kolkata - Trib.).] Where assessee purchased a property and made part payment of sale consideration by cheque on very next day of execution of purchase agreement and registry was done after a year, since such part payment made by cheque on very next day of execution of agreement was towards fulfilment of terms of purchase contract itself and ther…

PARTH DASHRATH GANDHI,MUMBAI vs. ADDITIONAL /JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/ INCOME TAX OFFICER, NFAC., MUMBAI

In the result, the appeal of the assessee is allowed in terms of above

ITA 1990/MUM/2022[2018-19]Status: DisposedITAT Mumbai31 Jan 2023AY 2018-19

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Section 14Section 155Section 50CSection 56(2)(x)

…had paid a part of consideration by cheque, provisos to section 56(2)(vii)(b) being fulfilled, stamp value as on date of agreement should be applied for purpose of said section d) Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No. 188/Ranchi/2019 dtd. 30/04/2021, [190 ITD 450 (Kolkata - Trib.).] Where assessee purchased a property and made part payment of sale consideration by cheque on very next day of execution of purchase agreement and registry was done after a year, since such part payment made by cheque on very next day of execution of agreement was towards fulfilment of terms of purchase contract itself and the…

MR. SAJJANRAJ MEHTA,MUMBAI vs. ITO WARD-21(3)(2), MUMBAI

In the result, ground no-4 is also allowed with a direction to the A

ITA 56/MUM/2021[2014-15]Status: DisposedITAT Mumbai05 Sept 2022AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalmr. Sajjanraj Mehta C/O. M. Mehta & Co., Shop No. 19, Palamsojal Building, Dadar (W), Mumbai-400028. Pan: Aabpm9430B ...... Appellant Vs. Ito, Ward-21(3)(2) Room No. 206, 2Nd Floor, Piramal Chambers, Parel, Mumbai-400012. ..... Respondent Appellant By : Sh. Ajay Singh Respondent By : Sh. Pramod Nikalje Date Of Hearing : 14/06/2022 Date Of Pronouncement : 05/09/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-33, Mumbai [Hereinafter Referred To As (‘Cit(A)’] Dated 11.02.2020 For The Assessment Year (Ay) 2014-15. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Sh. Ajay SinghFor Respondent: Sh. Pramod Nikalje
Section 234BSection 234DSection 244ASection 271(1)(c)Section 56(2)(vii)

…had paid a part of consideration by cheque, provisos to section 56(2)(vii)(b) being fulfilled, stamp value as on date of agreement should be applied for purpose of said section d) Ashutosh Jhavs. ITO Ward-2(5), Ranchi ITA No. 188/Ranchi/2019 dtd. 30/04/2021, [190 ITD 450 (Kolkata - Trib.).] Where assessee purchased a property and made part payment of sale consideration by cheque on very next day of execution of purchase agreement and registry was done after a year, since such part payment made by cheque on very next day of execution of agreement was towards fulfilment of terms of purchase contract itself and ther…