DLF Universal Ltd. v. Appropriate Authority

243 ITR 730Supreme Court of India#20159 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2022 to 2024.

Sections most often in play

Section 143(3)Section 147 Section 148 Section 148A Section 151 Section 43CA

Issues it is cited on

section 43c section 43ca full value of consideration circle rate stamp duty value date of transfer profits and gains of business or profession section 43 appeal before the tribunal previous year transfer section 143

Judgments citing DLF Universal Ltd. v. Appropriate Authority

ACIT 32 1 MUMBAI, MUMBAI vs. SHUBHAM DYNAMIC REAL ESTAE DEVELOPERS LLP, MUMBAI

Accordingly the grounds raised by the revenue are dismissed

ITA 4476/MUM/2024[2017-18]Status: DisposedITAT Mumbai16 Dec 2024AY 2017-18

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

For Appellant: Shri Rahul Hakani, ARFor Respondent: Shri Bhangepatil Pushkaraj

Section 143(1)Section 143(3)Section 147Section 148Section 148ASection 43C

…t letter and noticed that it is actually an agreement where the sale consideration is already fixed at the time of allotment in the light of judgment of the Hon'ble Supreme Court in the case of DLF Universal Ltd. v. Appropriate Authority [2000] 110 Taxman 315/243 ITR 730, R.N. Soin & Sons (P.) Ltd. v. Appropriate Authority [2011] 11 taxmann.com 255/330 ITR 455 (Delhi). The CIT(A) thus observed that the date of agreement of transfer (by way of allotment of plots) is different than the date of transfer during the AY 2015-16 in question and hence the stamp duty value as on the date of agreement by way of allotment l…

ACIT, CIRCLE-60(1), NEW DELHI vs. BAL KISHAN GUPTA, GHAZIABAD

In the result, the appeal of the Revenue is dismissed while the appeal of the assessee is partly allowed

ITA 5111/DEL/2019[2015-16]Status: DisposedITAT Delhi29 May 2023AY 2015-16

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri C.S. Anand, AdvFor Respondent: Shri Kanv Bali, Sr.DR

Section 143(3)Section 43C

…at it is I.T.As. No.4974 & 5111/Del/2019 22 actually an agreement where the sale consideration is already fixed at the time of allotment in the light of judgment of the Hon’ble Supreme Court in the case of DLF Universal Ltd. vs. Appropriate Authority & anrs. 243 ITR 730(SC); R. N. Sons (P) Ltd. vs. Appropriate Authority 330 ITR 455(Del.). The CIT(A) thus observed that the date of agreement of transfer (by way of allotment of plots) is different than the date of transfer during the AY 2015-16 in question and hence the stamp duty value as on the date of agreement by way of allotment letter is to be considered as f…

BAL KISHAN GUPTA,NEW DELHI vs. ACIT, CIRCLE-60(1), NEW DELHI

In the result, the appeal of the Revenue is dismissed while the appeal of the assessee is partly allowed

ITA 4974/DEL/2019[2015-16]Status: DisposedITAT Delhi29 May 2023AY 2015-16

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri C.S. Anand, AdvFor Respondent: Shri Kanv Bali, Sr.DR

Section 143(3)Section 43C

ARIHANT ASSOCIATES ,MUMBAI vs. PR. CIT-17, MUMBAI

In the result, appeal filed by the assessee is allowed

ITA 865/MUM/2021[2016-17]Status: DisposedITAT Mumbai22 Dec 2022AY 2016-17

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blearihant Associates V. Pr.Cit – Mumbai – 17 Anand Tower-C, Bldg.42 Room No. 120, 1St Floor Tilak Nagar, Chembur Kautilya Bhavan, C-41 To C-43 G-Block, Bandra Kurla Complex Mumbai -400089 Bandra(E), Mumbai - 400051 Pan: Aapfa1588C (Appellant) (Respondent) Assessee Represented By : Shri Ruturaj Gurjar Department Represented By : Shri R.M. Madhavi

Section 1Section 143(3)Section 263Section 314(8)Section 43C

…or the payment of stamp duty. For the proposition that the letter of allotment constitutes an agreement for transfer reliance can be placed on the ratio of the decision of the Supreme court in the case of DLF Universal Ltd. V. Appropriate Authority & another (243 ITR 730) (SC). We request you to review of list of agreements registered during the year for which agreement value is less than Municipal Ready reckoner value of AY 2016-17. In this Annexure we have given details regarding date of allotment letter, date of first amount received from customer, Market Value on the date of allotment. Thus when market 4 Ari…