What is Alapati Venkataramiah v. CIT authority for?

A transfer of an immovable asset for capital gains purposes requires an effective conveyance through a registered sale deed to pass title. Prior to the amendment introducing Section 2(47)(v), transactions involving mere execution of documents or granting possession without registration were not considered complete transfers for tax.

How many judgments cite Alapati Venkataramiah v. CIT?

53 judgments on BharatTax cite Alapati Venkataramiah v. CIT (57 ITR 185), spanning 2016 to 2025.

Which sections of the Income Tax Act does Alapati Venkataramiah v. CIT come up under?

It is most often cited in judgments turning on Section 1908, Section 144, Section 143(1), Section 143(3), Section 145, Section 147.

Alapati Venkataramiah v. CIT (57 ITR 185)

DEVI DAYAL,KAITHAL vs. INCOME TAX OFFICER, WARD-1 , KAITHAL

In the result, appeal is allowed

ITA 899/CHANDI/2024[2008-09]Status: DisposedITAT Chandigarh08 Sept 2025AY 2008-09

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 899/Chd/2024 "नधा"रण वष" / Assessment Year: 2008-09 Shri Devi Dayal, Vs The Ito, Pundri Anaj Mandi, Ward – 1, Kaithal-Haryana 136026. Kaithal. "थायी लेखा सं./Pan No: Aajpd5851H अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Parikshit Aggarwal, Ca & Ms. Shruti Khandelwal, Advocate Revenue By : Shri Manav Bansal, Cit, Dr Date Of Hearing : 30.07.2025 Date Of Pronouncement : 08.09.2025

For Appellant: Shri Parikshit Aggarwal, CA and Ms. Shruti Khandelwal, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

Section 249Section 253Section 3Section 5

…64 Delhi HC 7. K. Radhika vs DCIT 149 TTJ 736 Hyderabad ITAT 8. K.V. Satish Babu [HUF] vs. ITO 37 NYPTTJ 802 Bangalore ITAT 9. PCIT vs Fardeen Khan 411 ITR 533 Bombay HC 10. R. Gopinath (HUF) vs. ACIT 133 TTJ 595 Chennai ITAT 11. Alapati Venkataramiah vs. CIT 57 ITR 185 SC 12. Abdul Rashid vs Bidhan De Sarkar & Anr GA No. 2 of 2024 Calcutta HC 9. On the strength of Agreement, it was contended that it was a joint development Project. No independent rights have A.Y.2008-09 9 been granted to the other side, rather only a licence was given for entering to land for achieving of the Joint Development Agreement. The su…

TIJARIA POLYPIPES LIMITED,JAIPUR vs. DCIT CIRLCE 4, JAIPUR

ITA 616/JPR/2024[2013-14]Status: DisposedITAT Jaipur30 Jan 2025AY 2013-14

For Appellant: Shri Tarun Mittal, CAFor Respondent: Shri Anoop Singh, Addl.CIT-DR

Section 143(3)Section 147Section 148Section 68

…{ "clean_text": "आयकरअपीलीय अधिकरण, जयपुरन्यायपीठ, जयपुर\nIN THE INCOME TAX APPELLATE TRIBUNAL,\nJAIPUR BENCHES,”B” JAIPUR\nश्रीराठौड़ कमलेशजयन्तभाई, लेखा सदस्य एव श्रीनरेन्द्रकुमार, न्यायिकसदस्य के समक्ष\nBEFORE: SHRI RATHOD KAMLESH JAYANTBHAI, AM & SHRI NARINDER KUMAR, JM\nआयकरअपीलसं. / ITA No. 616/JPR/2024\nनिर्धारणवर्ष / AssessmentYear : 2013-14\nTijariaPolypipes Ltd.\nSP-1-2316, Ramchandrapura, RIICO Vs. The DCIT\nIndustrial Area, Sitapura, Jaipur- 302 022\nCircle-4\nJaipur\nस्थायीलेखा सं. / जीआईआर सं./PAN/GIR No.: AACCT 4796 M\nअपीलार्थी / Appellant\nप्रत्यर्थी / Respondent\nनिर्धारिती की ओरसे / Assesseeb…

ASSTT. COMMISSIONER OF INCOME-TAX, THANE vs. JAGDALE INFRASTRUCTURE PVT. LTD., THANE

In the result, the appeal filed by the revenue is dismissed

ITA 963/MUM/2024[2018-19]Status: DisposedITAT Mumbai16 Aug 2024AY 2018-19

Bench: Justice (Retd.) C V Bhadang, Hon'Ble & Shri B R Baskaran, Hon'Ble

For Appellant: Shri Subodh RatnaparkhiFor Respondent: Ms. Rajeshwari Menon, Sr. DR

…session or the date of registration of document which is relevant. Once the executed documents are registered, the transfer will take place on the date of execution of documents and not on the date of documents as held in Alapati Venkararamaiah vs. CIT (1965) 57 ITR 185 (SC). As per the ingredients of AS-7 and AS-9, ‘revenue’be recognized even though legal title of the property is not transferred and possession is not given. Once seller transfers significant risks and rewards of ownership to buyer, seller thereafter acts like α contractor. Accordingly, revenue recognition will have to be as in 'Percentage Complet…

K P MUHAMMED ALI,CALICUT vs. ITO ( INTERNATIONAL TAXATION), KOZHIKODE

In the result, the assessee’s appeal is partly allowed for statistical purposes

ITA 1008/COCH/2022[2012-13]Status: DisposedITAT Cochin12 Jan 2024AY 2012-13

Bench: Shri Sanjay Arora & Manomohan Dask.P. Muhammed Ali Income Tax Officer K.P. House: 19/1866 (International Taxation) Chalappuram Vs. Kozhikode Calicut 673002 [Pan:Agnpm9397F] (Appellant) (Respondent)

For Appellant: Shri Raghunathan Palakkal, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR

Section 143(3)Section 2(47)Section 2(47)(vi)Section 53A

…h Courts, as in Chaturbhuj Dwarkadas Kapadia (supra); Prameeela Krishna (supra), to cite two. We may, for the sake of completeness of our order, reproduce from the former; the amendment having its genesis in the decision in Alapati Venkataramiah v. CIT [1965] 57 ITR 185 (SC) – holding a transfer under the Act as implying an effective conveyance of the capital asset, coupled of course with the practices afore-noted, whereby there was a transfer for all practical purposes though tax was avoided on the sole ground of the transaction being not completed by way of a sale deed:(pgs. 491-92) [[‘Clauses (v) and (vi) were…

POONAM DHAVALKUMAR SHAH,MUMBAI vs. ADDL. CIT/ACIT/JCIT/ITO -NFAC, MUMBAI

In the result, the Assessee’s appeal is allowed

ITA 2220/MUM/2023[2018-19]Status: DisposedITAT Mumbai18 Oct 2023AY 2018-19

Bench: Shri N. K. Choudhry, Jm

For Appellant: Shri Ashok Kumar SutharFor Respondent: MS Smitha V. Nair

Section 250Section 50C(2)Section 56(2)(vii)Section 56(2)(x)

…ry of possession, but by a duly registered deed. Further, it is the date of execution of registered document, not the date of delivery of possession or the date of registration of document which is relevant. In the case of Alapati Venkataramiah Vs. CIT (1965) 57 ITR 185 (SC), CIT VS Podar Cements Pvt.Ltd. (1997)226 ITR 625 (SC), it is held that once the executed documents are registered, the transfer will take place on the date of execution of documents and not on the date of registration of documents. Section 56(2)(x) clearly stipulates that where any immovable property is received for a consideration which is l…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, SURAT, SURAT vs. JAYANTIBHAI VIRJIBHAI BABARIYA, SURAT

In the result, the appeal of the Revenue is dismissed

ITA 297/SRT/2023[2018-19]Status: DisposedITAT Surat11 Sept 2023AY 2018-19

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.297/Srt/2023 (िनधा"रणवष" / Assessment Year: (2018-19) (Virtual Court Hearing) Assistant Commissioner Of Shri Jayantibhai Virjibhai Babariya, Income-Tax, Circle-2, Surat, Vs. K-801, River View Heights, Room No.503, 5Th Floor, Aayakar Pedar Road, Mota Varachha, Bhawan, Majura Gate, Surat- Surat-394101 395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afhpb 0820 M (अपीलाथ" /Appellant) (""थ"/Respondent)

For Appellant: Shri Ashwin K Parekh, ARFor Respondent: Shri Ashok B. Koli, CIT-DR

Section 143(3)Section 251(1)(a)Section 69

…hich it has been held that the transfer of the immovable property take place on the date, sale deed is registered. The assessee’s case is further found covered by the judgment of Hon'ble Supreme Court of India in the case Alapati Venkatararniah vs. CIT (1965) 57 ITR 185 (SC), in which it has been held that title to immovable assets could not pass till conveyance was executed and registered. The possession of the land is also with the assessee; hence it is not a case of part performance as covered by section 53A of Transfer of Property Act. In the assessee's case, there is no proof that the assessee has received a…

DY COMMISSIONER OF INCOME-TAX, SANGLI CIRCLE,, SANGLI vs. ANAND DEVELOPERS, SANGLI

In the result, the appeal filed by the assessee in ITA

ITA 67/PUN/2021[2014-15]Status: DisposedITAT Pune20 Jun 2023AY 2014-15

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Keyur Patel &

Section 143(3)Section 42

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.458/PUN/2020 िनधा"रण वष" / Assessment Year : 2014-15 Anand Developers, Vs. ITO, Ward-2(1), Sangli. 365/3/2/2, Sharayu, Nagraj Colony, Vishrambaug, Sangli- 416416. PAN : AAQFA4833M Appellant Respondent आयकर अपील सं. / ITA No.67/PUN/2021 िनधा"रण वष" / Assessment Year: 2014-15 DCIT, Sangli Circle, Sangli. Vs. Anand Developers, 1448, Rajaram Apartments, Timber Area, Sangli- 416416. PAN : AAQFA4833M Appellant Respondent C.O. No.15/PUN/2023 (A…

ANAND DEVELOPERS,SANGLI vs. INCOME-TAX OFFICER, WARD 2(1), SANGLI

In the result, the appeal filed by the assessee in ITA

ITA 458/PUN/2020[2014-15]Status: DisposedITAT Pune20 Jun 2023AY 2014-15

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Keyur Patel &

Section 143(3)Section 42

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.458/PUN/2020 िनधा"रण वष" / Assessment Year : 2014-15 Anand Developers, Vs. ITO, Ward-2(1), Sangli. 365/3/2/2, Sharayu, Nagraj Colony, Vishrambaug, Sangli- 416416. PAN : AAQFA4833M Appellant Respondent आयकर अपील सं. / ITA No.67/PUN/2021 िनधा"रण वष" / Assessment Year: 2014-15 DCIT, Sangli Circle, Sangli. Vs. Anand Developers, 1448, Rajaram Apartments, Timber Area, Sangli- 416416. PAN : AAQFA4833M Appellant Respondent C.O. No.15/PUN/2023 (A…

KOLLA GOWRI ,CHENNAI vs. INCOME TAX OFFICER, WARD-2, CHITTOOR

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1039/HYD/2019[2013-14]Status: DisposedITAT Hyderabad21 Dec 2022AY 2013-14

Bench: Shri G.S. Pannu, Hon’Ble & Shri Laliet Kumarassessment Year: 2013-14 Smt. Kolla Gowri, Vs. The Income Tax Officer, Ward – 2, R/O.Chennai. Chittoor. Pan : Aoepg6939E. (Appellant) (Respondent) Assessee By: Shri C.A. Sumitra Nandan, Revenue By: Ms. Swapna. Sr.A.R. Date Of Hearing: 24.11.2022 21.12.2022 Date Of Pronouncement:

For Appellant: Shri C.A. Sumitra NandanFor Respondent: Ms. Swapna. Sr.A.R

Section 143(3)Section 148Section 2(47)Section 50DSection 53A

…monetary consideration as such there is no sale to attract capital gains provision. 2.3. The AO rejected the contentions of the appellant and completed the assessment relying on the decisions of the Hon'ble Supreme Court in the case of Alapati Venkatramaiah (57 ITR 185) and other relevant cases considered JDA as transfer in terms of Sec. 2(47) of the Act and also on Sec. 53A of Transfer of Property Act. The Assessing Officer held that appellant is eligible to receive future profits on the day of execution of JDA on 30.04.2012 i.e., in the financial year 2012-13 relevant to AY 2013-14 and hence the capital gains…

BHAGVAT SINGH,KHURJA vs. ITO, WARD- 1(3), BULANDSHAHR

The appeal is dismissed

ITA 1239/DEL/2018[2009-10]Status: DisposedITAT Delhi30 Nov 2022AY 2009-10

Bench: Shri Shamim Yahya & Shri Anubhav Sharmabhagvat Singh, Vs. Ito, C/O. Jai Kisha, Adv, 86, Ward-1(3), Nai Basti, Khurja, Aligarh Bulandshahr (Appellant) (Respondent) Pan: Dbwps8579E

For Appellant: NoneFor Respondent: Sh. Kanv Bali, Sr. DR

Section 142(1)Section 143(2)Section 144Section 148Section 2(14)Section 50C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER Bhagvat Singh, Vs. ITO, C/o. Jai Kisha, Adv, 86, Ward-1(3), Nai Basti, Khurja, Aligarh Bulandshahr (Appellant) (Respondent) PAN: DBWPS8579E Assessee by : None Revenue by: Sh. Kanv Bali, Sr. DR Date of Hearing 22/11/2022 Date of pronouncement 30/11/2022 O R D E R PER ANUBHAV SHARMA, J. M.: 1. The present appeal has been preferred by the Assessee against the order dated 30.11.2017 of Ld. CIT(A), Aligarh (hereinafter referred as Ld. First Appellate Authority) arising out…

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-2, SURAT vs. SHRI JAYANTIBHAI VIRJIBHAI BABARIYA, SURAT

In the result, appeals filed by the Revenue (in ITA nos

ITA 195/SRT/2021[2017-18]Status: DisposedITAT Surat22 Nov 2022AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.110/Srt/2021 ("नधा"रणवष" / Assessment Year: (2016-17) (Physical Court Hearing) Jayantibhai Virjibhai Babariya, Vs. The Acit, Central Circle-2, K-801, River View Heights, Surat. Peddar Road, Mota Varachha, Surat-394101 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afhpb0820M (Assessee) (Respondent) आयकरअपीलसं./Ita No.195/Srt/2021 ("नधा"रणवष" / Assessment Year: (2017-18) The Dcit, Central Circle-2, Vs. Jayantibhai Virjibhai Babariya, K-801, River View Heights, Surat. Peddar Road, Mota Varachha, Surat-394101 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afhpb0820M (Assessee) (Respondent) Shri Ashwin K. Parekh, Ar Assessee By Respondent By Shri Ritesh Mishra, Cit-Dr Date Of Hearing 07/10/2022 Date Of Pronouncement 22/11/2022

Section 143(3)

…hich it has been held that the transfer of the immovable property take place on the date, sale deed is registered. The assessee’s case is further found covered by the judgment of Hon'ble Supreme Court of India in the case Alapati Venkatararniah vs. CIT (1965) 57 ITR 185 (SC), in which it has been held that title to immovable assets could not pass till conveyance was executed and registered. The possession of the land is also with the assessee; hence it is not a case of part performance as covered by section 53A of Transfer of Property Act. In the assessee's case, there is no proof that the assessee has received a…

SHRI JAYANTIBHAI VIRJIBHAI BABARIYA,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.,2, SURAT

In the result, appeals filed by the Revenue (in ITA nos

ITA 110/SRT/2021[2016-17]Status: DisposedITAT Surat22 Nov 2022AY 2016-17

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.110/Srt/2021 ("नधा"रणवष" / Assessment Year: (2016-17) (Physical Court Hearing) Jayantibhai Virjibhai Babariya, Vs. The Acit, Central Circle-2, K-801, River View Heights, Surat. Peddar Road, Mota Varachha, Surat-394101 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afhpb0820M (Assessee) (Respondent) आयकरअपीलसं./Ita No.195/Srt/2021 ("नधा"रणवष" / Assessment Year: (2017-18) The Dcit, Central Circle-2, Vs. Jayantibhai Virjibhai Babariya, K-801, River View Heights, Surat. Peddar Road, Mota Varachha, Surat-394101 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afhpb0820M (Assessee) (Respondent) Shri Ashwin K. Parekh, Ar Assessee By Respondent By Shri Ritesh Mishra, Cit-Dr Date Of Hearing 07/10/2022 Date Of Pronouncement 22/11/2022

Section 143(3)

…hich it has been held that the transfer of the immovable property take place on the date, sale deed is registered. The assessee’s case is further found covered by the judgment of Hon'ble Supreme Court of India in the case Alapati Venkatararniah vs. CIT (1965) 57 ITR 185 (SC), in which it has been held that title to immovable assets could not pass till conveyance was executed and registered. The possession of the land is also with the assessee; hence it is not a case of part performance as covered by section 53A of Transfer of Property Act. In the assessee's case, there is no proof that the assessee has received a…

ACIT, COIMBATORE vs. RASI ASSETS CORPORATION, COIMBATORE

In the result, the ground raised in assessee’s cross-objection stand allowed

ITA 154/CHNY/2017[2007-08]Status: DisposedITAT Chennai19 Aug 2022AY 2007-08

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri B. Ramakrishnan (F.C.A)-Ld. ARFor Respondent: Shri Guru Bashyam (CIT)-Ld. DR

Section 119Section 143(3)Section 14ASection 153ASection 2(47)(v)

…ciated the reasons stated in the assessment order by the AO for making the said addition of Rs. 14,27,50,637/- in the assessment. 2.2 The Id. CIT(A) having relied on the decision of the Hon'ble Apex Court in the case of Alapati Venkatramiah Vs CIT reported in 57 ITR 185 has failed to take note of the decision of the Hon'ble High Court of Bombay in the case of Chaturbhuj Dwarakadas Kapadia Vs CIT (269 ITR 491, Bom) wherein, it has been held that even arrangements confirming privileges of ownership without transfer of title could fall under the ambit of sec.2(47)(v) of the I.T. Act,1961 and which decision is fully…

ACIT, COIMBATORE vs. RASI ASSETS CORPORATION, COIMBATORE

In the result, the ground raised in assessee’s cross-objection stand allowed

ITA 153/CHNY/2017[2013-14]Status: DisposedITAT Chennai19 Aug 2022AY 2013-14

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri B. Ramakrishnan (F.C.A)-Ld. ARFor Respondent: Shri Guru Bashyam (CIT)-Ld. DR

Section 119Section 143(3)Section 14ASection 153ASection 2(47)(v)

…ciated the reasons stated in the assessment order by the AO for making the said addition of Rs. 14,27,50,637/- in the assessment. 2.2 The Id. CIT(A) having relied on the decision of the Hon'ble Apex Court in the case of Alapati Venkatramiah Vs CIT reported in 57 ITR 185 has failed to take note of the decision of the Hon'ble High Court of Bombay in the case of Chaturbhuj Dwarakadas Kapadia Vs CIT (269 ITR 491, Bom) wherein, it has been held that even arrangements confirming privileges of ownership without transfer of title could fall under the ambit of sec.2(47)(v) of the I.T. Act,1961 and which decision is fully…

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-2, SURAT vs. SHRI PRABODHCHABNDRA JAYANTILAL PATEL, SURAT

In the result, appeals filed by the Revenue ( in ITA nos

ITA 137/SRT/2021[2017-18]Status: DisposedITAT Surat10 May 2022AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.134 To 137/Srt/2021 ("नधा"रणवष" / Assessment Year: (2017-18) (Virtual Court Hearing) The Dcit, Central Circle-2, Vs. Shri Pravinchandra Dahyabhai Umriger, Surat. Bungalow No.01, Opp. Talao Street, Near Govindji Park, Umra, Surat-395007(Guj) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabpu5216D The Dcit, Central Circle-2, Vs. Shri Vasantrai Ambaram Modi, Surat. 504, D/1, Subham Residency, Pal, Surat- 395005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acrpm0852D The Dcit, Central Circle-2, Vs. Shri Shankar Mulchand Uttamani, Surat. 1/3210-11, New Textile Market, Ring Road, Surat-395002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahpu9028R The Dcit, Central Circle-2, Vs. Shri Prabodhchandra Jayantilal Patel, Surat. 297, Hari Narar-3, Opp. Brc Gate, Udhna, Surat-394210. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afvpp7466F (Assessee) (Respondent) Assessee By: Shri Rasesh Shah, Ca Revenue By: Shri Ritesh Mishra, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 02/03/2022 घोषणाक"तार"ख/Date Of Pronouncement : 10/05/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Four Appeals Filed By The Revenue, Pertaining To Assessment Year (Ay) 2017-18, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ritesh Mishra, CIT(DR)

Section 143(3)

…hich it has been held that the transfer of the immovable property take place on the date, sale deed is registered. The assessee’s case is further found covered by the judgment of Hon'ble Supreme Court of India in the case Alapati Venkatararniah vs. CIT (1965) 57 ITR 185 (SC), in which it has been held that title to immovable assets could not pass till conveyance was executed and registered. The possession of the land is also with the assessee; hence it is not a case of part performance as covered by section 53A of Transfer of Property Act. In the assessee's case, there is no proof that the assessee has received a…

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-2, SURAT vs. SHRI SHANKAR MULCHAND UTTAMANI, SURAT

In the result, appeals filed by the Revenue ( in ITA nos

ITA 136/SRT/2021[2017-18]Status: DisposedITAT Surat10 May 2022AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.134 To 137/Srt/2021 ("नधा"रणवष" / Assessment Year: (2017-18) (Virtual Court Hearing) The Dcit, Central Circle-2, Vs. Shri Pravinchandra Dahyabhai Umriger, Surat. Bungalow No.01, Opp. Talao Street, Near Govindji Park, Umra, Surat-395007(Guj) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabpu5216D The Dcit, Central Circle-2, Vs. Shri Vasantrai Ambaram Modi, Surat. 504, D/1, Subham Residency, Pal, Surat- 395005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acrpm0852D The Dcit, Central Circle-2, Vs. Shri Shankar Mulchand Uttamani, Surat. 1/3210-11, New Textile Market, Ring Road, Surat-395002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahpu9028R The Dcit, Central Circle-2, Vs. Shri Prabodhchandra Jayantilal Patel, Surat. 297, Hari Narar-3, Opp. Brc Gate, Udhna, Surat-394210. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afvpp7466F (Assessee) (Respondent) Assessee By: Shri Rasesh Shah, Ca Revenue By: Shri Ritesh Mishra, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 02/03/2022 घोषणाक"तार"ख/Date Of Pronouncement : 10/05/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Four Appeals Filed By The Revenue, Pertaining To Assessment Year (Ay) 2017-18, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ritesh Mishra, CIT(DR)

Section 143(3)

…hich it has been held that the transfer of the immovable property take place on the date, sale deed is registered. The assessee’s case is further found covered by the judgment of Hon'ble Supreme Court of India in the case Alapati Venkatararniah vs. CIT (1965) 57 ITR 185 (SC), in which it has been held that title to immovable assets could not pass till conveyance was executed and registered. The possession of the land is also with the assessee; hence it is not a case of part performance as covered by section 53A of Transfer of Property Act. In the assessee's case, there is no proof that the assessee has received a…

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-2, SURAT vs. SHRI VASANTRAI AMBARAM MODI, SURAT

In the result, appeals filed by the Revenue ( in ITA nos

ITA 135/SRT/2021[2017-18]Status: DisposedITAT Surat10 May 2022AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.134 To 137/Srt/2021 ("नधा"रणवष" / Assessment Year: (2017-18) (Virtual Court Hearing) The Dcit, Central Circle-2, Vs. Shri Pravinchandra Dahyabhai Umriger, Surat. Bungalow No.01, Opp. Talao Street, Near Govindji Park, Umra, Surat-395007(Guj) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabpu5216D The Dcit, Central Circle-2, Vs. Shri Vasantrai Ambaram Modi, Surat. 504, D/1, Subham Residency, Pal, Surat- 395005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acrpm0852D The Dcit, Central Circle-2, Vs. Shri Shankar Mulchand Uttamani, Surat. 1/3210-11, New Textile Market, Ring Road, Surat-395002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahpu9028R The Dcit, Central Circle-2, Vs. Shri Prabodhchandra Jayantilal Patel, Surat. 297, Hari Narar-3, Opp. Brc Gate, Udhna, Surat-394210. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afvpp7466F (Assessee) (Respondent) Assessee By: Shri Rasesh Shah, Ca Revenue By: Shri Ritesh Mishra, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 02/03/2022 घोषणाक"तार"ख/Date Of Pronouncement : 10/05/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Four Appeals Filed By The Revenue, Pertaining To Assessment Year (Ay) 2017-18, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ritesh Mishra, CIT(DR)

Section 143(3)

…hich it has been held that the transfer of the immovable property take place on the date, sale deed is registered. The assessee’s case is further found covered by the judgment of Hon'ble Supreme Court of India in the case Alapati Venkatararniah vs. CIT (1965) 57 ITR 185 (SC), in which it has been held that title to immovable assets could not pass till conveyance was executed and registered. The possession of the land is also with the assessee; hence it is not a case of part performance as covered by section 53A of Transfer of Property Act. In the assessee's case, there is no proof that the assessee has received a…

DY. COMMISSIONER OF INCOME TAX , CENTRAL CIR.,2, SURAT vs. SHRI PRAVINCHANDRA DAHYABHAI UMRIGER, SURAT

In the result, appeals filed by the Revenue ( in ITA nos

ITA 134/SRT/2021[2017-18]Status: DisposedITAT Surat10 May 2022AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.134 To 137/Srt/2021 ("नधा"रणवष" / Assessment Year: (2017-18) (Virtual Court Hearing) The Dcit, Central Circle-2, Vs. Shri Pravinchandra Dahyabhai Umriger, Surat. Bungalow No.01, Opp. Talao Street, Near Govindji Park, Umra, Surat-395007(Guj) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabpu5216D The Dcit, Central Circle-2, Vs. Shri Vasantrai Ambaram Modi, Surat. 504, D/1, Subham Residency, Pal, Surat- 395005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acrpm0852D The Dcit, Central Circle-2, Vs. Shri Shankar Mulchand Uttamani, Surat. 1/3210-11, New Textile Market, Ring Road, Surat-395002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahpu9028R The Dcit, Central Circle-2, Vs. Shri Prabodhchandra Jayantilal Patel, Surat. 297, Hari Narar-3, Opp. Brc Gate, Udhna, Surat-394210. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afvpp7466F (Assessee) (Respondent) Assessee By: Shri Rasesh Shah, Ca Revenue By: Shri Ritesh Mishra, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 02/03/2022 घोषणाक"तार"ख/Date Of Pronouncement : 10/05/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Four Appeals Filed By The Revenue, Pertaining To Assessment Year (Ay) 2017-18, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ritesh Mishra, CIT(DR)

Section 143(3)

…hich it has been held that the transfer of the immovable property take place on the date, sale deed is registered. The assessee’s case is further found covered by the judgment of Hon'ble Supreme Court of India in the case Alapati Venkatararniah vs. CIT (1965) 57 ITR 185 (SC), in which it has been held that title to immovable assets could not pass till conveyance was executed and registered. The possession of the land is also with the assessee; hence it is not a case of part performance as covered by section 53A of Transfer of Property Act. In the assessee's case, there is no proof that the assessee has received a…

PRAVIN LAXMICHAND CHHEDA,MUMBAI vs. ACIT 24(3), MUMBAI

In the result the appeal filed by the assessee is allowed

ITA 509/MUM/2020[2014-15]Status: DisposedITAT Mumbai09 Mar 2022AY 2014-15

Bench: Shri S Rifaur Rahman & Shri Pavan Kumar Gadaleshri Pravin Laxmichand Vs. Acit – 24(3) Chheda Room No. 413, 4Th 302, Aavishkar Society, Floor, Piramal Sv Road, Irla Bridge Chambers, Parel Andheri (W), Mumbai – 400012 Mumbai – 400058 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpc1278P Appellant .. Respondent Appellant By : Mr.Yogesh Thar. Ar Respondent By : Mr.Naveen Kumar. Sr.Dr Date Of Hearing 16.02.2022 Date Of Pronouncement 04.03.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)- 36, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: 1. (A) The Learned Cit (Appeals) Erred In Law & Facts In Confirming The Action Of The Learned Assessing Officer Of Assessing The Loan Taken From Sadguru Krupa Constructions Pvt. Ltd. (Herein Referred As "Company") On 05.05.2013 Of Pravin Laxmichand Chheda., Mumbai. Rs.25,00,000/- As Deemed Dividend U/S 2(22)(E) Of The Income Tax Act, 1961. (B) The Learned Cit (Appeals) Failed To Appreciate The Fact That The Company Did Not Have Accumulated Profits As On The Date On Which The Loan Was Advanced. (C) The Learned Cit (Appeals) Erred In Law By Confirming The Manner Of Computation Of Accumulated Profits Adopted By The Learned Assessing Officer. (D) The Learned Cit (Appeals) Erred In Law By Not Appreciating The Fact That The Company Had Followed The Principles Of Revenue Recognition Laid Down In Accounting Standard 9 Issued By Icai. (E) The Learned Cit (Appeals) Erred In Law In Relying On The Statement Of Mr. Dllip Porwal Without Giving Your Appellant The Opportunity To Cross-Examine Him. (F) Your Appellant Prays That The Additions Made U/S 2(22)(E) Of The Income-Tax Act, 1961 Is Against The Provisions Of Law & Against The Principals Of Natural Justice & May Please Be Deleted.

For Appellant: Mr.Yogesh Thar. ARFor Respondent: Mr.Naveen Kumar. Sr.DR

Section 143(2)Section 143(3)Section 2(22)(e)

…balance sheet as at Pravin Laxmichand Chheda., Mumbai. 5-05-2013. We find the Ld.AR has made elaborate submissions on the disputed issues of revenue recongnition and relied on the judicial decisions as under: the case of Alapati Venkataramaiha Vs. CIT, [1995] 57 ITR 185 (SC) the Honble Supreme Court has held as under: Section 45 of the Income-tax Act, 1961 [Corresponding to section 12B of the Indian Income- tax Act, 1922] - Capital gains - Chargeable as - Assessment year 1948-49 - Assessee entered into agreement on17-3-1948 with a company to sell its plant, machinery, furniture and goodwill for a sum - Assessee…

M/S. S P R DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

In the result, all the appeals filed by the assessee are allowed

ITA 297/BANG/2020[2008-09]Status: DisposedITAT Bangalore09 Feb 2022AY 2008-09

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri L Bharath, C.AFor Respondent: Shri Pradeep Kumar, CIT (DR)

Section 153A

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA No. 295, 296 & 297/Bang/2020 Assessment years: 2006-07 – 2008-09 M/s S.P.R Developers Pvt. Vs. The Dy. Commissioner of Ltd., Income Tax, F-113, 2C&D, Central Central Circle-1(3), Chambers, 2nd Floor, 2nd Bengaluru. Main, Gandhinagar, Bengaluru-560 009. PAN: AAFCS 6429 P APPELLANT RESPONDENT Appellant by : Shri L Bharath, C.A Respondent by : Shri Pradeep Kumar, CIT (DR) Date of hearing : 07.12.2021 Date of Pronouncement : 09.02.2022 O R D E R Per Chandra Poojari, A…

Alapati Venkataramiah v. CIT

What is Alapati Venkataramiah v. CIT authority for?

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Issues it is cited on

Judgments citing Alapati Venkataramiah v. CIT

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ASSTT. COMMISSIONER OF INCOME-TAX, THANE vs. JAGDALE INFRASTRUCTURE PVT. LTD., THANE

K P MUHAMMED ALI,CALICUT vs. ITO ( INTERNATIONAL TAXATION), KOZHIKODE

POONAM DHAVALKUMAR SHAH,MUMBAI vs. ADDL. CIT/ACIT/JCIT/ITO -NFAC, MUMBAI

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, SURAT, SURAT vs. JAYANTIBHAI VIRJIBHAI BABARIYA, SURAT

DY COMMISSIONER OF INCOME-TAX, SANGLI CIRCLE,, SANGLI vs. ANAND DEVELOPERS, SANGLI

ANAND DEVELOPERS,SANGLI vs. INCOME-TAX OFFICER, WARD 2(1), SANGLI

KOLLA GOWRI ,CHENNAI vs. INCOME TAX OFFICER, WARD-2, CHITTOOR

BHAGVAT SINGH,KHURJA vs. ITO, WARD- 1(3), BULANDSHAHR

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-2, SURAT vs. SHRI JAYANTIBHAI VIRJIBHAI BABARIYA, SURAT

SHRI JAYANTIBHAI VIRJIBHAI BABARIYA,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.,2, SURAT

ACIT, COIMBATORE vs. RASI ASSETS CORPORATION, COIMBATORE

ACIT, COIMBATORE vs. RASI ASSETS CORPORATION, COIMBATORE

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-2, SURAT vs. SHRI PRABODHCHABNDRA JAYANTILAL PATEL, SURAT

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-2, SURAT vs. SHRI SHANKAR MULCHAND UTTAMANI, SURAT

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-2, SURAT vs. SHRI VASANTRAI AMBARAM MODI, SURAT

DY. COMMISSIONER OF INCOME TAX , CENTRAL CIR.,2, SURAT vs. SHRI PRAVINCHANDRA DAHYABHAI UMRIGER, SURAT

PRAVIN LAXMICHAND CHHEDA,MUMBAI vs. ACIT 24(3), MUMBAI

M/S. S P R DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE