Addl.CIT v. Tarachand Jain

123 ITR 567High Court1980#14777 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,254 Indian tax judgments — from 2018 to 2023.

Judgments citing Addl.CIT v. Tarachand Jain

Assistant Commissioner of Income Tax-1(1), Raipur vs. Shri Sharad Goel, Raipur

In the result appeal of the revenue stands dismissed, in terms of our observations herein above

ITA 93/RPR/2020[2011-12]Status: DisposedITAT Raipur07 Jul 2023AY 2011-12

Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

For Respondent: Smt. Ila M. Parmar, CIT-DR

Section 250(4)Section 45(3)

…आयकर अपीलीय अधिकरण, रायपुर न्यायपीठ, रायपुर IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR श्री रविश सूद, न्याधयक सदस्य एिं श्री अरुण खोड़वपया, लेखा सदस्य के समक्ष । BEFORE SHRI RAVISH SOOD, JM & SHRI ARUN KHODPIA, AM आयकर अपील सं./ITA No.93/RPR/2020 (Assessment Year: 2011-2012) ACIT-1(1), Raipur Vs Shri Sharad Goel, Lodhipara Chowk, Raipur (CG) PAN No. :AGVPG 5894 M (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. : Shri Amit M. Jain, Advocate धििााररती की ओर से /Assessee by राजस्ि की ओर से /Revenue by : Smt. Ila M. Parmar, CIT-DR सुििाई की तारीख / Date of Hearing : 13/04/2023 घोषणा की तारीख/Date…

Smt. Indermeet Bains W/O Sh. D.S. Bains, Bathinda vs. Pr. Commissioner of Income Tax, Bathinda

The appeal of the assessee is disposed of in the term indicated as above

ITA 250/ASR/2019[2011-12]Status: DisposedITAT Amritsar19 Oct 2022AY 2011-12

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

For Appellant: Sh. Sudhir Sehgal & Sh. P.N. Arora, AdvFor Respondent: Sh. Amlendu Nath Misra, CIT DR

Section 143(3)Section 263

…l plots to persons who intended its residential use, does not change the nature of land sold in the hands of the assessee and its taxability. We find support from the ratio laid down by the Hon'ble Patna High Court in the cases of Addl. CIR v. Tarachand Jain, 123 ITR 567 (Pat), which has been referred to by the Chandigarh Bench of the Tribunal in DCIT v. M/s A.P. Paper Mills Limited (supra). The relevant extract of the said judgment is as under: ‘the land may lie near an urban area and the land may have fetched a good price, may hold good in cases of agricultural land also. Since the land has been recorded in the…

The DCIT, (Central)-1, Bhopal vs. Smt. Smita Pandey, Bhopal

In the result the appeal of the revenue is dismissed

ITA 414/IND/2017[2013-14]Status: DisposedITAT Indore02 Jan 2019AY 2013-14

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year 2013-14 Deputy Commissioner Of Smt. Smita Pandey, Income Tax (Central)-I Vs. E-2/182, Arera Colony, Bhopal Bhopal (Appellant) (Respondent ) Pan No.Adlpp5384Q Revenue By Smt. Ashima Gupta, Cit Assessee By None Date Of Hearing 27.12.2018 Date Of Pronouncement 02.01.2019 O R D E R

Section 143(3)Section 2(14)Section 54B

…gricultural operations are carried on; (iii) Character of adjoining land. If the surrounding lands are agricultural lands, the presumption would be in favour of holding that the land in question was also agricultural land [Addl. CIT vs. Tarachand Jain (1980) 123 ITR 567 (Pat) TC 20R. 730]. According to the definition of capital asset as it stands even now, it shall be seen that agricultural land by and large does not fall within the definition; it is only the specified land which is included in the definition of capital asset and all other agricultural land is outside the purview of capital gains. The agricult…

Shri Shri Ketan Moolchand Shah, Bhilai, Bhilai(Cg) vs. The Dy. Commissioner of Income Tax, -2(1), Bhilai, Bhilai(Cg)

In the result, both the appeals of the assessee are allowed

ITA 34/BIL/2017[2008-09]Status: DisposedITAT Raipur01 Feb 2018AY 2008-09

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2008-2009 Assessment Year: 2010-2011

For Appellant: Shri R.B.Doshi, ARFor Respondent: Shri Sanjay Kumar, DR

Section 143(1)Section 143(2)Section 148Section 2(14)Section 2(14)(iii)

…t and the amount was received from the Naya Raipur Development Area and same is exempted and also referred to page 108 of PB certificate from Sarapanch, Chhaitana. Further, Ld A.R. relied on the judicial decision in the case of Addl.CIT vs. Tarachand Jain, 123 ITR 567 (Pat). 10. On a query from the bench to ld D.D.R. whether any inquiry was conducted by the Assessing Officer regarding the agricultural income/land, the explanations are not convincing. Whereas ld A.R. has demonstrated supporting documents and certificates for the purpose of acquiring the property and also sale to the Naya Raipur Development A…

Shri Shailesh Arvind Shah, Bhilai(Cg) vs. The Dy. Commissioner of Income Tax 2(1), Bhilai(Cg)

In the result, both the appeals of the assessee are allowed

ITA 28/BIL/2016[2010-11]Status: DisposedITAT Raipur01 Feb 2018AY 2010-11

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2008-2009 Assessment Year: 2010-2011

For Appellant: Shri R.B.Doshi, ARFor Respondent: Shri Sanjay Kumar, DR

Section 143(1)Section 143(2)Section 148Section 2(14)Section 2(14)(iii)

…Act and the amount was received from the Naya Raipur Development Area and same is exempted and also relied to page 108 of PB certificate from Sarapanch, Chhaitana. Further, Ld A.R. referred on the judicial decision in the case of Addl.CIT vs. Tarachand Jain, 123 ITR 567 (Pat). 10. On a query from the bench to ld D.D.R. whether any inquiry was conducted by the Assessing Officer regarding the agricultural income/land, the explanations are not convincing. Whereas ld A.R. has demonstrated supporting documents and certificates for the purpose of acquiring the property and also sale to the Naya Raipur Development Are…

Shri Ketan Moolchand Shah, Bhilai(Cg) vs. The Deputy Commissioner of Income Tax-1, Bhilai(Cg)

In the result, both the appeals of the assessee are allowed

ITA 19/BIL/2016[2010-11]Status: DisposedITAT Raipur01 Feb 2018AY 2010-11

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2008-2009 Assessment Year: 2010-2011

For Appellant: Shri R.B.Doshi, ARFor Respondent: Shri Sanjay Kumar, DR

Section 143(1)Section 143(2)Section 148Section 2(14)Section 2(14)(iii)