TEJ SINGH,MATHURA vs. ITO 1(3)(4), MATHURA

In the result, the Appeal of the assessee is partly allowed

11 of the paper book. According to section 147 of the IT Act, the essential ingredient of this section has been that “if the Assessing Officer has reason to belief that any income chargeable to tax has escaped assessment in any assessment year……..” Therefore, before invoking jurisdiction u/s. 147 of the IT Act, the Assessing Officer shall have reason

YOGENDRA SHARMA,DELHI vs. INCOME TAX OFFICER, ETAH

In the result, the appeal preferred by assessee is allowed

Bench: : Shri S. Rifaur Rahmanassessment Year: 2012-13 Yogendra Sharma, I-4695, 2Nd Vs. Income-Tax Officer, Floor, Gali No. 4-B, Balbir Nagar Ward 3(2), Etah. Extension, Shahdara, Delhi. Pan :Cgkps6492J (Appellant) (Respondent)

capital gains, only the actual sale consideration disclosed in the registered sale deed or, where applicable, the value adopted/assessed for stamp duty purposes under section 50C can be considered as the full value of consideration'. The Learned JCIT(Appeals) erred in law in effectively importing a notional figure derived from a private engineer's estimate for enhancement. Section 50C does

GURDEEP SINGH,AGRA vs. PR.CIT.-1,, AGRA

In the result, appeal of assessee is allowed

Bench: Sh. Shamim Yahya & Shri Anubhav Sharmagurdeep Singh Vs. The Pr. Cit-1 33, Laxmi Nagar, Sikandra, Agra Agra, Uttar Pradesh-282007 Pan No. Aflps 7500 K (Appellant) (Respondent) Assessee By Shri Anil Verma, Adv. Revenue By Shri Surendra Pal, Cit(Dr) Date Of Hearing: 11.10.2023 Date Of Pronouncement: 25.10.2023

capital gain shall not be charged u/s 45 of the Act to the extent invested in such purchase / construction. But the above exemption shall not be available where the assessee owns more than one residential house, other than the newly purchased constructed one, on the date of transfer and the income from such residential house, other than the one residential

SATISH PRAKASH AGARWAL,AGRA vs. THE ACIT, CIRCLE 1(2)(1), AGRA, AGRA

In the result, appeal of the assessee is allowed

Bench: : Shri Ramit Kocharassessment Year: 2016-17

capital of the partners @ 12% and any excess is to be disallowed in the hands of the partnership firm(Section 40(b)(iv)). The assessee has charged interest @ 12% from the said partnership firm. It is also observed that the assessee has incurred interest expenditure of Rs.50,83,665/-, which is sought to be adjusted under and head profits

BHAGVAN DAS L/H SHRI GAURI SHANKER,FIROZABAD vs. ITO WARD 2(2)(1), FIROZABAD

In the result, both the appeals are allowed for statistical purposes

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

capital gain and without giving an opportunity to file rejoinder to the remand report sought from the Assessing Officer. 4 | P a g e ITA No. 260 & 259/Agr/2025 8. Perused the records. Heard learned representative for assessee and learned Sr. DR for revenue. 9. Perusal of the impugned order shows that the ld. CIT(Appeals) sought for the remand report

BHAGVAN DAS L/H SHRI GAURI SHANKER,FIROZABAD vs. ITO WARD 2(2)1, FIROZABAD

In the result, both the appeals are allowed for statistical purposes

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

capital gain and without giving an opportunity to file rejoinder to the remand report sought from the Assessing Officer. 4 | P a g e ITA No. 260 & 259/Agr/2025 8. Perused the records. Heard learned representative for assessee and learned Sr. DR for revenue. 9. Perusal of the impugned order shows that the ld. CIT(Appeals) sought for the remand report

PRIYAVRAT SHARMA,AGRA vs. ITO WARD 1(1)(2), AGRA

In the result, the appeal is allowed for statistical purposes

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

section 143(1)(a)(i to vi) of the Act. The capital gain has to be computed u/s 48 r/w 50C of the Act. In the case in hand, ld.AO has tried to make prima facie adjustment on the basis of the informations furnished by the assessee in the return. However, the notice dated 06.02.2020,though, served upon assessee, could

SARITA AGRAWAL,GWALIOR vs. ACIT, GWALIOR

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Sudhir Kumarmrs. Sarita Agrawal Acit Geeta Colony Aayakar Bhawan Dal Bazar, Gwalior- V. City Centre 474001 Gwalior-474001 Madhya Pradesh Madhya Pradesh "थायीलेखासं./जीआइआरसं./Pan/Gir No: Adxpk3445P Appellant .. Respondent

capital gain on sale of shares ,and the income was claimed as exempt from income-tax. The assessee was asked by the AO to furnish complete details of purchase and sale of shares/mutual funds, but the assessee did not file any evidences nor filed any reply. The AO made addition of Rs.1,15,995/- to the income of the assessee

SURENDRA KUMAR AGARWAL,JHANSI vs. ASSESSMENT UNIT, NEW DELHI

In the result, ITA No. 80 and 255/Agr/2025 are allowed for statistical

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

section 144B of the Act. Learned CIT(Appeals), after considering the details filed by assessee, dismissed assessee’s appeal. 5. Appellant assessee has approached this Tribunal in second appeal on the following grounds : “1. The learned CIT (A) has erroneously upheld an addition of Rs. 96,32,000/-(Rupees Ninety-six lac thirty-two thousand only) and computed the long

SURENDRA KUMAR AGARWAL,MAURANIPUR vs. INCOME TAX OFFICER, JHANSI

In the result, ITA No. 80 and 255/Agr/2025 are allowed for statistical

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

section 144B of the Act. Learned CIT(Appeals), after considering the details filed by assessee, dismissed assessee’s appeal. 5. Appellant assessee has approached this Tribunal in second appeal on the following grounds : “1. The learned CIT (A) has erroneously upheld an addition of Rs. 96,32,000/-(Rupees Ninety-six lac thirty-two thousand only) and computed the long

SURENDRA KUMAR AGARWAL,MAURANIPUR vs. NATIONAL E ASSESSMENT CENTER, DELHI

In the result, ITA No. 80 and 255/Agr/2025 are allowed for statistical

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

section 144B of the Act. Learned CIT(Appeals), after considering the details filed by assessee, dismissed assessee’s appeal. 5. Appellant assessee has approached this Tribunal in second appeal on the following grounds : “1. The learned CIT (A) has erroneously upheld an addition of Rs. 96,32,000/-(Rupees Ninety-six lac thirty-two thousand only) and computed the long

SMT. SARIKA SRIVASTAVA,AGRA vs. PCIT-1, AGRA, AGRA

The appeals of the assessees are allowed in above terms

Bench: : Smt. Annapurna Gupta & Shri Sunil Kumar Singhassessment Year: 2012-13

section 50C of the Act, while assessing capital gains earned on the said transaction, and make addition of the excess of the stamp duty value to the actual consideration received. (2) . The assessee was found to have been allowed claim of deduction /exemption of its capital gain u/s. 54F of the Act amounting to Rs.16,06,618/- without any proof

SHRI ATUL SRIVASTAVA,AGRA vs. PCIT-1, AGRA, AGRA

The appeals of the assessees are allowed in above terms

Bench: : Smt. Annapurna Gupta & Shri Sunil Kumar Singhassessment Year: 2012-13

section 50C of the Act, while assessing capital gains earned on the said transaction, and make addition of the excess of the stamp duty value to the actual consideration received. (2) . The assessee was found to have been allowed claim of deduction /exemption of its capital gain u/s. 54F of the Act amounting to Rs.16,06,618/- without any proof

AJAY KUMAR GUPTA (HUF),AGRA vs. INCOME TAX OFFICER, WARD-2(1)(1), AGRA

In the result, the appeal of the Assessee is allowed

Bench: Shri M. Balaganeshajay Kumar Gupta (Huf), Vs. Income Tax Officer, F-163/1, Kamla Nagar, Ward-2(1)(1), Agra Agra (Appellant) (Respondent) Pan: Aajha4155K Assessee By : Shri Anurag Singha, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 19/01/2026 Date Of Pronouncement 21/01/2026

Section 44AD of the Act at Rs. 2,53,877/- on the total sales of Rs. 15,62,320. Apart from that, the Assessee had shown short-term capital gains on sale of silver at Rs. 6,06,669. The computation of short-term capital gains are as under:- Sale consideration received on sale of silver

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFFICER SHIVPURI, SHIPURI

In the result, all the three appeals of the assessee are allowed for

Bench: : Shri Ramit Kochar

capital gains are concerned. However, the Assessing Officer was not satisfied with the explanation of the assessee with regard to the sources of making investments to the tune of Rs. 32,30,790/-(peak investment) made by the assessee for conducting business of share trading as the assessee did not produce any documents such as demat account, purchase-sale details

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFICER SHIVPURI, SHIVPURI

In the result, all the three appeals of the assessee are allowed for

Bench: : Shri Ramit Kochar

capital gains are concerned. However, the Assessing Officer was not satisfied with the explanation of the assessee with regard to the sources of making investments to the tune of Rs. 32,30,790/-(peak investment) made by the assessee for conducting business of share trading as the assessee did not produce any documents such as demat account, purchase-sale details

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFFICER SHIVPURI, GWALIOR

In the result, all the three appeals of the assessee are allowed for

Bench: : Shri Ramit Kochar

capital gains are concerned. However, the Assessing Officer was not satisfied with the explanation of the assessee with regard to the sources of making investments to the tune of Rs. 32,30,790/-(peak investment) made by the assessee for conducting business of share trading as the assessee did not produce any documents such as demat account, purchase-sale details

GUMAN SINGH KUSHWAH,SHIVPURI vs. INCOME TAX OFFICER, ASHOKNAGAR

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri M. Balaganeshgumnam Singh Kushwah, Vs. Income Tax Officer, Infront Of Collector Kothi, Ashok Nagar, Shiv Colony, Shivpuri, Mp Mp (Appellant) (Respondent) Pan: Bcjpk2729Q Assessee By : Shri Ashish Goyal, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 22/01/2026 Date Of Pronouncement 22/01/2026

section 50C of the Act and sought to substitute the sale consideration at Rs 12,40,000. Since there were no details filed by the assessee for the cost of acquisition, the Learned AO estimated the indexed cost of acquisition at Rs 1,00,000 and recomputed the long term capital gains at Rs 11