CIT v. Raja Malwinder Singh

334 ITR 48High Court2011#9716 most cited
11

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2022.

Judgments citing CIT v. Raja Malwinder Singh

YOGESH DAS,JAIPUR vs. ITO, JAIPUR

ITA 983/JPR/2016[2013-14]Status: DisposedITAT Jaipur31 Aug 2022AY 2013-14
For Appellant: Shri S.L. Poddar, AdvocateFor Respondent: Shri Avdhesh Kumar, CIT-DR
Section 139Section 143Section 147Section 148Section 50C

…an that the return of income filed u/s 139 and u/s 148 of the Act can be altogether ignored or superseded by the contention of the assessee. made during the assessment proceedings. (v) It may be mentioned that in the case of CIT v. Raja Malwinder Singh [2011] 334 ITR 48/206 Taxman 137/21 taxmann.com 75 (Punj. & Har.), the similar issue was before the FULL BENCH of Hon'ble Punjab and Haryana High Court wherein the Hon'ble full bench considered the judgements of Hon'ble Apex Court in the case of B C Srinivas Shetty (Supra) and Hon'ble Madhya Pradesh High Court in the case of CIT v. H.H. Maharaja Sahib Shri Lokendra…

PRAMILA GAJANAN BHOIR,THANE vs. ITO WD 3(2), KALYAN

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

ITA 4245/MUM/2018[2005-06]Status: DisposedITAT Mumbai21 May 2019AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am

For Appellant: Shri M.N. Nandgaonkar, ARFor Respondent: Shri Chaitanya Anjaria, DR
Section 143(3)Section 48Section 55

…oney to a person seeking to acquire it. As regards to the application of the provisions of section 55(3) of the Act, this issue is debatable and controversial because the Hon’ble Punjab and Haryana High court in the case of CIT vs. Raja Malwinder Singh [2011] 334 ITR 48 (Punjab & Haryana) (FB) has considered and held that even in the case where cost of acquisition cannot be ascertained, the provisions of section 55(3) of the Act ITAs No.4241-4245/Mum/2018 statutorily prescribed the cost to be equal to the market value on the date of acquisition. Hon’ble High court has considered this issue in para 5 and 6 as un…

PRATIBHA GAJANAN BHOIR,KALYAN vs. ITO WD 3(2), KALYAN

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

ITA 4244/MUM/2018[2005-06]Status: DisposedITAT Mumbai21 May 2019AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am

For Appellant: Shri M.N. Nandgaonkar, ARFor Respondent: Shri Chaitanya Anjaria, DR
Section 143(3)Section 48Section 55

…oney to a person seeking to acquire it. As regards to the application of the provisions of section 55(3) of the Act, this issue is debatable and controversial because the Hon’ble Punjab and Haryana High court in the case of CIT vs. Raja Malwinder Singh [2011] 334 ITR 48 (Punjab & Haryana) (FB) has considered and held that even in the case where cost of acquisition cannot be ascertained, the provisions of section 55(3) of the Act ITAs No.4241-4245/Mum/2018 statutorily prescribed the cost to be equal to the market value on the date of acquisition. Hon’ble High court has considered this issue in para 5 and 6 as un…

PRAKASH GAJANAN BHOIR,THANE vs. ITO WD- 3(2), KALYAN

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

ITA 4243/MUM/2018[2005-06]Status: DisposedITAT Mumbai21 May 2019AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am

For Appellant: Shri M.N. Nandgaonkar, ARFor Respondent: Shri Chaitanya Anjaria, DR
Section 143(3)Section 48Section 55

…oney to a person seeking to acquire it. As regards to the application of the provisions of section 55(3) of the Act, this issue is debatable and controversial because the Hon’ble Punjab and Haryana High court in the case of CIT vs. Raja Malwinder Singh [2011] 334 ITR 48 (Punjab & Haryana) (FB) has considered and held that even in the case where cost of acquisition cannot be ascertained, the provisions of section 55(3) of the Act ITAs No.4241-4245/Mum/2018 statutorily prescribed the cost to be equal to the market value on the date of acquisition. Hon’ble High court has considered this issue in para 5 and 6 as un…

PRADEEP GAJANAN BHOIR,THANE vs. ITO WD- 3(2), KALYAN

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

ITA 4242/MUM/2018[2005-06]Status: DisposedITAT Mumbai21 May 2019AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am

For Appellant: Shri M.N. Nandgaonkar, ARFor Respondent: Shri Chaitanya Anjaria, DR
Section 143(3)Section 48Section 55

…oney to a person seeking to acquire it. As regards to the application of the provisions of section 55(3) of the Act, this issue is debatable and controversial because the Hon’ble Punjab and Haryana High court in the case of CIT vs. Raja Malwinder Singh [2011] 334 ITR 48 (Punjab & Haryana) (FB) has considered and held that even in the case where cost of acquisition cannot be ascertained, the provisions of section 55(3) of the Act ITAs No.4241-4245/Mum/2018 statutorily prescribed the cost to be equal to the market value on the date of acquisition. Hon’ble High court has considered this issue in para 5 and 6 as un…

DRAUPADIBAI GAJANAN BHOIR,KALYAN vs. ITO WD3(2), KALYAN

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

ITA 4241/MUM/2018[2005-06]Status: DisposedITAT Mumbai21 May 2019AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am

For Appellant: Shri M.N. Nandgaonkar, ARFor Respondent: Shri Chaitanya Anjaria, DR
Section 143(3)Section 48Section 55

…oney to a person seeking to acquire it. As regards to the application of the provisions of section 55(3) of the Act, this issue is debatable and controversial because the Hon’ble Punjab and Haryana High court in the case of CIT vs. Raja Malwinder Singh [2011] 334 ITR 48 (Punjab & Haryana) (FB) has considered and held that even in the case where cost of acquisition cannot be ascertained, the provisions of section 55(3) of the Act ITAs No.4241-4245/Mum/2018 statutorily prescribed the cost to be equal to the market value on the date of acquisition. Hon’ble High court has considered this issue in para 5 and 6 as un…

SHRI GOPI RAM SHARMA,JAIPUR vs. INCOME TAX OFFICER, WARD-7-4, JAIPUR

In the result, assessee’s appeals are partly allowed for statistical purposes

ITA 1311/JPR/2018[2008-09]Status: DisposedITAT Jaipur30 Apr 2019AY 2008-09
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri Raj Mehra (Addl.CIT)
Section 144Section 147Section 148

…case and the fair market value of the asset as on 01.04.1981 would be the cost of acquisition of land for the purpose of computing capital gain. She has relied upon the decision of Hon’ble Punjab and Haryana High Court in case of CIT Vs. Raja Malwinder Singh 334 ITR 48 as well as decision in case of Thakur Dwara Shri Krishanju Maharaj Handiyaya, Barnala vs. CIT 366 ITR 38 and submitted that the Hon’ble Punjab and Haryana High Court while following the full bench decision in case of Raja Malwinder Singh reiterated the view has taken by the Full Bench. Through the decisions relied upon by the AR will not help the…

UDAI SINGH RATHORE,JAIPUR vs. ITO, JAIPUR

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

ITA 818/JPR/2013[2006-07]Status: DisposedITAT Jaipur05 Feb 2018AY 2006-07

Bench: Or At The Time Of Hearing.”

For Appellant: Shri S. L.Poddar (Adv.)For Respondent: Smt. Poonum Rai (DCIT)

…. 5 Shri Udai Singh Rathore vs. ITO, Jaipur 6. On the other hand, ld. DR has submitted that the decisions relied upon by the ld. AR have been distinguished by the Full Bench of Hon’ble Punjab and Haryana High Court in case of CIT vs. Raja Malwinder Singh 334 ITR 48. The ld. DR has pointed out that the Hon’ble High Court has considered this issue of no cost of acquisition and held that even in a case where the cost of acquisition cannot be ascertained, section 55(3) prescribes the cost to be equal to the market value on the date of acquisition. Hence, the capital gain is not excluded even on the plea that v…

RAM LAL SHARMA,JAIPUR vs. ITO, JAIPUR

In the result, assessee’s appeals are partly allowed for statistical purposes

ITA 522/JPR/2017[2009-10]Status: DisposedITAT Jaipur31 Oct 2017AY 2009-10
Section 144Section 147Section 2(14)Section 54F

…1 would be the cost of acquisition of land for the purpose of computing capital gain. She has relied upon the 8 ITA 522 To 528/JP/17_ Ram Lal Sharma and others Vs. ITO decision of Hon’ble Punjab and Haryana High Court in case of CIT Vs. Raja Malwinder Singh 334 ITR 48 as well as decision in case of Thakur Dwara Shri Krishanju Maharaj Handiyaya, Barnala vs. CIT 366 ITR 38 and submitted that the Hon’ble Punjab and Haryana High Court while following the full bench decision in case of Raja Malwinder Singh reiterated the view has taken by the Full Bench. Through the decisions relied upon by the AR will not help…

SHIB NARAYAN KSHETTRY -HUF,KOLKATA vs. THE ITO, WD-38(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as partly allowed for statistical purposes

ITA 723/KOL/2015[2006-2007]Status: DisposedITAT Kolkata28 Sept 2016AY 2006-2007

Bench: Shri P.M. Jagtap

Section 55(2)

…Assessing Officer and deleted the addition on account of capital gains made by the Assessing Officer. On the revenue's appeal, the Tribunal accepted the appeal by placing reliance on the Full Bench decision of this Court in CIT v. Raja Malwinder Singh [2011] 334 ITR 48(P&H). In this case also the assessee- appellant had submitted that the cost of acquisition in the present case had to be taken as the cost to the previous owner under Section 49 of the Act and the I.T.A. No. 723/KOL./2015 Assessment year: 2006-2007 Page 7 of 12 explanation to Section 49 specifically provides that previous owner is one who has ac…

ACIT 11(2), MUMBAI vs. AJAY I.. THAKORE, MUMBAI

ITA 6917/MUM/2011[2008-09]Status: DisposedITAT Mumbai23 Mar 2016AY 2008-09

Bench: S/Shjoginder Singh & Rajendraआयकर अपील सं./Ita/6917 /Mum/2011,िनधा"रण िनधा"रण वष" वष" /Assessment Years: 2008-09 िनधा"रण िनधा"रण वष" वष" Acit-11(2) Shri Ajay I. Thakore Room No.479, 4Th Floor, Aayakar Bhavan, 1416, Dalamal Tower, M.K. Road Vs. Free Press Journal Marg, Mumbai-400 020. Nariman Point,Mumbai-400 021. Pan:Aabpt 0802 G आयकर अपील सं./Ita/6602/Mum/2011,िनधा"रण िनधा"रण वष" वष" /Assessment Years: 2008-09 िनधा"रण िनधा"रण वष" वष" Shri Ajay I. Thakore Vs. Acit-11(2) Mumbai-400 021. Mumbai-400 020. (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By: Shri M.Murli Assessee By: Shri Ajay Indrajit Thakore सुनवाई क" तारीख / Date Of Hearing: 23.03.2016 घोषणा क" तारीख / Date Of Pronouncement: 13.04.2016 आयकर आयकर अिधिनयम आयकर आयकर अिधिनयम अिधिनयम,1961 क" अिधिनयम क" क" धारा क" धारा धारा 254(1)केकेकेके अ"तग"त धारा अ"तग"त अ"तग"त आदेश अ"तग"त आदेश आदेश आदेश Order U/S.254(1)Of The Income-Tax Act,1961(Act) लेखा लेखा सद"य लेखा लेखा सद"य सद"य राजे"" सद"य राजे"" राजे"" केकेकेके अनुसार राजे"" अनुसार अनुसार Per Rajendra A.M.- अनुसार Challenging The Order Dt.25/7/2011 Of The Cit(A)-3 Mumbai The Assessee & The Assessing Officer(Ao)Have Filed The Cross Appeals For The Year Under Consideration Raising Various Grounds Of Appeal.Assessee, An Individual Filed His Return Of Income On 20/07/2008 Declaring Total Income Of Rs.56.22 Lakhs.The Ao Completed The Assessment U/S.143(3)Of The Act On 21. 12.2010,Determining The Income Of The Assessee At Rs.2.40 Crores.

For Appellant: Shri Ajay Indrajit ThakoreFor Respondent: Shri M.Murli
Section 143(3)Section 144ASection 254(1)Section 45Section 49Section 49(1)(iii)Section 55Section 55(2)Section 55(2)(a)Section 55(2)(ii)

…आयकर आयकर अपीलीय आयकर आयकर अपीलीय अपीलीय अिधकरण अपीलीय अिधकरण अिधकरण," ए” खंडपीठ अिधकरण खंडपीठ खंडपीठ मुंबई खंडपीठ मुंबई मुंबई मुंबई INCOME TAX APPELLATE TRIBUNAL,MUMBAI-“A”,BENCH सव"ी जोिग"दर "सह, "याियक सद"य एवं राजे"", लेखा सद"य Before S/ShJoginder Singh,Judicial Member & Rajendra,Accountant Member आयकर अपील सं./ITA/6917 /Mum/2011,िनधा"रण िनधा"रण वष" वष" /Assessment Years: 2008-09 िनधा"रण िनधा"रण वष" वष" ACIT-11(2) Shri Ajay I. Thakore Room no.479, 4th Floor, Aayakar Bhavan, 1416, Dalamal Tower, M.K. Road Vs. Free Press Journal Marg, Mumbai-400 020. Nariman Point,Mumbai-400 021. PAN:AABPT 0802 G आयकर अपील…

CIT v. Raja Malwinder Singh (334 ITR 48) — Cited in 11 Judgments | BharatTax