D.L.F Housing and Construction (P) Ltd. v. Commissioner of Income-tax Delhi (Central)

141 ITR 806High Court#22640 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2009 to 2023.

Judgments citing D.L.F Housing and Construction (P) Ltd. v. Commissioner of Income-tax Delhi (Central)

ABHISHEK SHELTERS LTD,BADLAPUR vs. ITO, WARD-1(5), MUMBAI

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

ITA 607/MUM/2023[2013-14]Status: DisposedITAT Mumbai17 Aug 2023AY 2013-14

Bench: Shri B.R. Baskaran (Am) & Shri Sandeep Singh Karhail (Jm)

…- 2007/2007-2008 No business activity have been shown to have been done by assessee on property in question. No construction is carried out in the impugned land. 6.5. The Hon'ble Delhi High Court in the case of DLF Housing and Construction Pvt. Ltd., vs. CIT 141 ITR 806 (Del.) held as under : "These observations, in our opinion, are quite apposite in the instant case inasmuch as it is beyond the pale of controversy that the assessee took no steps to develop the land in question and carve out plots as sites for houses, etc. On the contrary, the farm account of the assessee shows that substantial amounts were spe…

AJB DEVELOPERS PVT. LTD. ,NEW DELHI vs. DCIT, CIRCLE- 2(1), NEW DELHI

In the result, appeal of Assessee allowed

ITA 7386/DEL/2018[2014-15]Status: DisposedITAT Delhi27 May 2019AY 2014-15

Bench: Shri Bhavnesh Saini, J.M. & Shri L.P. Sahu, A.M.

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri P.V. Gupta, Sr. D.R

Section 115JSection 2(14)Section 45

…tries are not relevant. The assessee relied upon Judgment of Hon’ble Supreme Court in the case of CIT vs. Canara Bank Ltd., 63 ITR 328 (SC). The assessee also relied upon Judgment of Hon’ble Delhi High Court in the case of DLF Housing and Construction vs. CIT 141 ITR 806 (Del.). The assessee also relied upon Judgment of the Hon’ble Supreme Court in the case of Kedarnath Jute Manufacturing Co. Ltd., vs. CIT AIR 9 ITA.No.7386/Del./2018 M/s. AJB Developers Pvt. Ltd., New Delhi. 1971 SC 2145. The assessee also relied upon Judgment of Hon’ble Supreme Court in the case of Union of India vs. Azadi Bachao Andolan [2003]…

M/S HINDUSTAND INDUSTRIAL RESO vs. THE ASST. COMMISSIONER OF INCO

The appeal is allowed

ITA/1130/2006HC Delhi09 Jan 2009

Bench: The Income Tax Appellate Tribunal Was With Regard To The Treatment To Be Given To The Land Owned By The Assessee Company With The Future Intention Of Setting Up An Industry Thereon. The Said Land Was Acquired Under The Land Acquisition Act, 1894. The Assessing Officer Charged Capital Gains Thereon To The Extent Of Rs 18,57,932/-. The Assessee Has Throughout Maintained That The Land In Question Was Land Falling Within The Definition Of „Agricultural Land‟ Given In Section 2 (14)(Iii) Of The Income Tax Act, 1961 (Hereinafter Referred To As The „Said Act‟). It Was Therefore, Contended By The Assessee That No Capital Gains Could Be Charged In Respect Of The Land.

For Appellant: Mr Rajesh Banati with Mr Hari MohanFor Respondent: Ms Prem Lata Bansal with Mr M. P. Gupta, Mr Sanjeev

Section 2Section 4

…te the same was acquired. The learned counsel submitted that this issue had been considered by this Court on several occasions, as indicated in the decisions reported in D.L.F Housing and Construction (P) Ltd v. Commissioner of Income-tax Delhi (Central): 141 ITR 806; D.L.F. United Limited v. Commissioner of Income-tax: 161 ITR 714 and D.L.F. United Ltd v. Commissioner of Income-tax: 217 ITR 333. The decision in 141 ITR 806 (supra) has been followed in the other ITA No. 1130/2006 Page No.6 of 10 two cases. In 141 ITR 806 (supra), this Court, in similar circumstances, observed that the assessee th…