Indexone Tradecone (P) Ltd. v. DCIT

172 ITD 396Income Tax Appellate Tribunal2018#19581 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2021 to 2024.

Issues it is cited on

section 43c section 43ca full value of consideration date of transfer stamp duty value section 43 appeal before the tribunal transfer section 143 section 14 section 143(3)business

Judgments citing Indexone Tradecone (P) Ltd. v. DCIT

SHRI KRISHNARAJ BUILDHOME PVT LTD,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

ITA 753/JPR/2023[2014-15]Status: DisposedITAT Jaipur14 Feb 2024AY 2014-15

For Appellant: Sh. Mukesh Kumar Sharma (Adv.)For Respondent: Sh. Monisha Choudhary (Addl.CIT)

Section 143(3)Section 271(1)(c)Section 43CSection 50

…4 and therefore, the condition of payment or part payment of consideration on or before the date of agreement cannot be imposed back-dated as the assessee could not have foreseen the introduction of section 43CA. (2) Indexone Tradecone (P) Ltd Vs. DCIT (2018) 172 ITD 396 (ITAT Jaipur) “The provisions of section 43CA have been inserted by the Finance Act, 2013 w.e.f 01.04.2014 relevant to assessment year 2014-15 and if we look at the provisions of sub-section (3) and sub-section (4), it emphasizes a scenario where the date of agreement fixing value of consideration for transfer of the assets and date of registrati…

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

…ear. As such, the condition of not having received cash should not be read into the provisions. To this effect, the appellant sought to rely upon order of Hon ble ITAT in the case of Indexone Tradecone (P) Ltd. vs. DCIT, reported as 97 taxmann.com 174(Jaipur) 172 ITD 396, date of order 16.07.2018. Para 12 and 13 of that order are as follows- "12. The provisions of section 43CA have been inserted by the Finance Act, 2013 we.f 01.04.2014 relevant to assessment year 2014-15 and if we look at the provisions of sub-section (3) and sub-section (4), it emphasizes a scenario where the date of agreement fixing value of co…

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

SARVODAYA GRIH NIRMAN PVT LTD,PATNA vs. ITO, WARD-2(2), PATNA

In the result, the appeal of the assessee is allowed

ITA 85/PAT/2020[2017-18]Status: DisposedITAT Patna08 Oct 2021AY 2017-18

Bench: Shri P.M. Jagtap, Vice-(Kolkata Zone)

Section 143(3)Section 43C

…ddition made by the Assessing Officer and confirmed by the ld. CIT(Appeals) by invoking the same is not sustainable. In support of this contention, he has relied on the decision of Jaipur Bench of ITAT in the case of Indexone Tradecone (P) Limited reported in 172 ITD 396, wherein the assessee- company was engaged in the business of developing and constructing residential/commercial properties and had entered into agreements to 3 A.Y. 2017-2018 sell two flats in the year 2007 and had received certain amount of sale consideration. Subsequently balance sale consideration was received during the previous year relev…