DLF Universal Ltd. v. CIT

161 ITR 714High Court#16942 most cited
5

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

Issues it is cited on

section 7(1)section 153(2)section 45(5)section 159enhanced compensationcompulsory acquisitionlegal representativesection 2(14)section 45liable to taxreassessment proceedingssection 153

Judgments citing DLF Universal Ltd. v. CIT

SH. SUNIL GUPTA,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals of the assessees bearing ITA Nos

ITA 77/ASR/2006[1988-89]Status: DisposedITAT Amritsar06 Dec 2023AY 1988-89

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 144Section 148Section 250Section 45(5)Section 6Section 7(3)

…m the date of purchase till the date of its sale the land remained an agricultural land in the revenue record and the assessee did not convert the user of the land as non-agricultural either temporarily or permanently. b) DLF Universal Ltd., Vs. CIT cited at 161 ITR 714 (Delhi) head notes are being reproduced as under- BUSINESS PROFIT - CAPITAL GAIN - AGRICULTURAL LAND PURCHASED BY ASSESSEE FOR CONVERSION INTO BUILDING PLOTS – GOVERNMENT ACQUIRING LAND BEFORE CONVERSION - LAND REMAINING AGRICULTURAL TILL ACQUISITION AND PAYMENT OF COMPENSION PROFIT ON SALE OF LANDS NOT ASSESSABLE AS - BUSINESS PROFIT - AGRICULT…

SMT. ANURADHA MAHAJAN,,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals of the assessees bearing ITA Nos

ITA 76/ASR/2006[1988-89]Status: DisposedITAT Amritsar06 Dec 2023AY 1988-89

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 144Section 148Section 250Section 45(5)Section 6Section 7(3)

…m the date of purchase till the date of its sale the land remained an agricultural land in the revenue record and the assessee did not convert the user of the land as non-agricultural either temporarily or permanently. b) DLF Universal Ltd., Vs. CIT cited at 161 ITR 714 (Delhi) head notes are being reproduced as under- BUSINESS PROFIT - CAPITAL GAIN - AGRICULTURAL LAND PURCHASED BY ASSESSEE FOR CONVERSION INTO BUILDING PLOTS – GOVERNMENT ACQUIRING LAND BEFORE CONVERSION - LAND REMAINING AGRICULTURAL TILL ACQUISITION AND PAYMENT OF COMPENSION PROFIT ON SALE OF LANDS NOT ASSESSABLE AS - BUSINESS PROFIT - AGRICULT…

SMT. DHANWANTI DEVI (DECEASED),JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals of the assessees bearing ITA Nos

ITA 75/ASR/2006[1988-89]Status: DisposedITAT Amritsar06 Dec 2023AY 1988-89

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 144Section 148Section 250Section 45(5)Section 6Section 7(3)

…m the date of purchase till the date of its sale the land remained an agricultural land in the revenue record and the assessee did not convert the user of the land as non-agricultural either temporarily or permanently. b) DLF Universal Ltd., Vs. CIT cited at 161 ITR 714 (Delhi) head notes are being reproduced as under- BUSINESS PROFIT - CAPITAL GAIN - AGRICULTURAL LAND PURCHASED BY ASSESSEE FOR CONVERSION INTO BUILDING PLOTS – GOVERNMENT ACQUIRING LAND BEFORE CONVERSION - LAND REMAINING AGRICULTURAL TILL ACQUISITION AND PAYMENT OF COMPENSION PROFIT ON SALE OF LANDS NOT ASSESSABLE AS - BUSINESS PROFIT - AGRICULT…

CREDENTIAL REALTORES PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 1672/DEL/2010[2006-07]Status: DisposedITAT Delhi16 Mar 2017AY 2006-07

Bench: Shri B.P. Jain & Shri K.N. Chary

For Appellant: Sh. K.C. Singhal, Adv. and Sh. H.K. Batra, CAFor Respondent: Sh. Anil Kumar Sharma, Sr. DR
Section 115JSection 2Section 2(1)

…uch income, therefore, is liable to capital gains tax chargeable under section 45 of the 1961 Act.” 15. The reliance is also placed on the decision of Hon’ble High Court, being the jurisdictional High Court of Delhi in the case of DLF United vs. CIT reported 161 ITR 714 and the relevant decision at P.B. is reproduced herein below:- “However, this question would, in our view, only arise if the plots had been carved out and the agricultural land transformed into building plots. But, as already held in the previously reported case and that where the agricultural land remained agricultural land and was not urbanised…

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

…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 therein had not, till the date of the Award, made any attempt to conv…

DLF Universal Ltd. v. CIT (161 ITR 714) — Cited in 5 Judgments | BharatTax