ACIT CENTRAL-2 INDORE, INDORE vs. SHRI .GAURAV TEKRIWAL, INDORE
In the result, this appeal of Revenue is dismissed
ITA 62/IND/2021[2015-16]Status: DisposedITAT Indore21 Nov 2022AY 2015-16
Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2015-16 Acit, Central -2 Shri Gaurav Tekriwal Indore बनाम/ 204, Princess Valley, South Tukoganj, Indore Vs. (Appellant / Revenue) (Respondent / Revenue) Pan: Acppt 1628 Q Assessee By Shri Anil Kamal Garg, Arpit Gaur, Ars Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 21.09.2022 Date Of Pronouncement 21.11.2022
Section 143(2)Section 143(3)Section 2Section 54FSection 55(2)(a)Section 57
…45 could not be applied for the assessment year in question as it fell in the pre-amendment period, but if the income cannot be taxed under s.45, then it cannot be taxed at all. Further, the Hon'ble ITAT Mumbai in the case of Kewal Silk Mills vs. ACIT (2013) 21 ITR 121 (Mum Trib) has held that when the assessee was enjoying possession of Property and for peaceful vacation thereof it had received the impugned amount which was described by both the parties as the amount so revived would be chargeable to capital gains and cannot be assessed as ‘income from other sources’. Furthermore, in the similar circumstances w…