Delhi (Central): 141 ITR 806; D.L.F. United Limited v. Commissioner of Income-tax

217 ITR 333High Court1995#23786 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2009 to 2022.

Judgments citing Delhi (Central): 141 ITR 806; D.L.F. United Limited v. Commissioner of Income-tax

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. RENAISSANCE CULTIVATION LLP,, PUNE

In the result, the appeal filed by the Revenue stands dismissed

ITA 1416/PUN/2017[2013-14]Status: DisposedITAT Pune05 Apr 2022AY 2013-14

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.1416/Pun/2017 िनधा"रण वष" / Assessment Year: 2013-14 Acit, Central Circle-2(1), Vs. M/S Renaissance Pune. Cultivation Llp, Pastakiya House, A/P Kamshet Maval, Pune- 410405 Pan : Aaofr7634K Appellant Respondent Revenue By : Shri J. P. Chadraker Assessee By Shri Neelesh Khandelwal : Date Of Hearing : 16.03.2022 Date Of Pronouncement : 05.04.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 12, Pune [‘Cit(A)’ For Short] Dated 21.03.2017 For The Assessment Year 2013-14. 2. The Revenue Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Was Justified In Allowing The Appeal Of The Assessee Without Appreciating The Entire Facts Of The Case.

For Respondent: Shri J. P. Chadraker

Section 143(3)

…CIT, 129 CTR 33 (Delhi) held that any gains arising on sale of agricultural land/property cannot be considered as business income. The relevant part of the said decision is reproduced as under :- “13. In the ruling in the case of DLF United Ltd. v. CIT [1995] 217 ITR 333/84 Taxman 379 the Hon'ble Delhi High Court referred to explanation to section 2(1A) relied upon by the Counsel for the Revenue and held that surplus of the compensation amount arising as a result of acquisition of agricultural land in question was capital asset and not the income at all. The question of change in the definition of agricultural in…

M/S RACHANA CONSTRUCTIONS,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), NAGPUR

In the result, assessee’s appeal is allowed

ITA 34/NAG/2013[2007-08]Status: DisposedITAT Nagpur23 Jun 2017AY 2007-08

Bench: Shri P.K. Bansal & Shri Amarjit Singh

For Appellant: Shri K.P. DewaniFor Respondent: Shri A.R. Ninawe

Section 11Section 132Section 133(6)Section 147Section 148Section 2(14)

…this contention the learned Counsel relied upon the following case laws:– 1. Sanjay Nagorao Paidlewar, ITA No.112/Nag/2012, order dated 22/03/2013; 2. Nitish Ramesh Chandra Chordia ITA No.120 of 2013 order dated 30/03/2015; 3. DLF United Ltd. vs. CIT (1996) 217 ITR 333 (Del.); 4. CIT vs. M/s. D.L.F. United Ltd. (SLP)(Civil) CC 1727-1729/98; 5. Hindustan Industrial Resources Ltd. vs. ACIT (2011) 331 ITR 59; 6. CIT vs. Smt. Debbie Alemao (Page 41,42); 4. The learned Counsel for assessee further submitted that surplus arising on sale of agricultural land is in the nature of agricultural income in terms of provi…

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

…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 therein had not, till the date of the Award, made any attempt to convert or alter the character of the land as it was used for agricul…