CIT v. Smt. Nilofer I. Singh

309 ITR 233High Court2009#2101 most cited

What is CIT v. Smt. Nilofer I. Singh authority for?

The full value of consideration for computing capital gains under Section 48 refers to the amount stated in the sale deed and cannot be substituted by the market value or a valuation by the DVO under Section 55A, unless there is evidence that the assessee actually received a consideration in excess of the stated amount.

55

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Smt. Nilofer I. Singh · Section 48 · full value of consideration · capital gains computation · stated sale consideration · DVO valuation · Section 55A · market value substitution · fair market value · Section 50C · Section 45

Issues it is cited on

Judgments citing CIT v. Smt. Nilofer I. Singh

Kalva Umadevi, Visakhapatnam vs. The Income Tax Officer, Ward-1(4), Visakhpatnam

In the result, appeal of the assessee is allowed

ITA 443/VIZ/2018[2009-10]Status: DisposedITAT Visakhapatnam12 Dec 2018AY 2009-10

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.443/Viz/2018 (धििाारण िर्ा/ Assessment Year: 2009-2010) Smt.Kalva Uma Devi Income Tax Officer 15-2-17, Srinilayam Ward-1(4) Maharanipeta Visakhapatnam Visakhapatnam [Pan : Aewpk3080J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओर से/ Appellant By : Shri C.V.S.Murthy, Ar प्रत्यार्थी की ओर से/ Respondent By : Smt. Suman Malik, Dr

For Appellant: Shri C.V.S.Murthy, ARFor Respondent: Smt. Suman Malik, DR
Section 1Section 148Section 50CSection 54Section 54F

…ing of full value of consideration mentioned in different provisions of the Act except in s. 48, one will have to consider the value of consideration as specified in sale deed. —CIT vs. Smt. Niofer I. Singh (2009) 22 (Del) 277: (2008) 14 DTR (Del) 108: (2009) 309 ITR 233 (Del) relied on. (Para 7.1) In Explanation to s. 54F(1), it is mentioned that net consideration means the full value a consideration received or accruing as a result of the transfer of the capital asset as reduced by any expenditure incurred wholly and exclusively in connection with such transfer. The meaning of full value of consideration in Exp…

Smt. Nilanjana Chakraborti, Kolkata vs. DCIT, Circle - 22, Kolkata

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

ITA 2440/KOL/2017[2013-14]Status: DisposedITAT Kolkata09 Nov 2018AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi) Assessment Year: 2013-14 Smt. Nilanjana Chakraborti…………..………...........…………..……………….…...……..….…….....Appellant 99B, Kankulia Road Kolkata – 700 029 [Pan : Acupc 49992 P] Vs. Deputy Commissioner Of Income Tax, Circle-22, Kolkata.……......………………..........Respondent Appearances By: Shri Manish Tiwari, A/R, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 16Th , 2018 Date Of Pronouncing The Order : November 9Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 03/08/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2013-14, On The Following Grounds:- “1. That On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Has Erred In Holding The Erroneous Determination Of Long Term Capital Gain At Rs.72,50,000/- By Ld. Dcit On Erroneous Belief & Misconception Of Law By Denying The Benefit Claimed U/S 54F Of Income Tax Act, 1961 Of The Appellant. 2. That The Appellant Craves Leave To Add, Amend, Adduce Or Alter Any Ground Or Grounds On Or Before The Hearing Of The Appeal.”

Section 250Section 271(1)(C)Section 50CSection 54Section 54ESection 54F

…ning of full value of consideration mentioned in different provisions of the Act except in s. 48, one will have to consider it value of consideration as specified in sale deed. —CIT v. Smt. Nilofer I. Singh (2009) 22 (Del) 277: (2008) 14 DTR (Del) 108: (2009) 309 ITR 233 (Del)relied on. (Para 7.1) In Explanation to s. 54F(1), it is mentioned that net consideration means the full value a consideration received or accruing as a result of the transfer of the capital asset as reduced by any expenditure incurred wholly and exclusively in connection with such transfer. The meaning of full value of consideration in Expl…