A.C.I.T., CIRCLE-2, GWALIOR vs. M/S SHYAM SUNDER & MANISH TAORI, MORENA

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

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

capital gain; and (ii) shares have been sold through recognized Stock Exchange after paying "STT" on their sale or bringing on record any material to support the suspicion. 11. In addition to above, in subsequent assessment years i.e. A.Y.s 2006-07 and onwards, even exemption allowable U/s 10(34) of the Act for any income by way of dividend from

A.C.I.T.,CIRCLE-2, GWALIOR vs. M/S VANDANA JAIN & RAMA BANSAL, MORENA

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

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

capital gain; and (ii) shares have been sold through recognized Stock Exchange after paying "STT" on their sale or bringing on record any material to support the suspicion. 11. In addition to above, in subsequent assessment years i.e. A.Y.s 2006-07 and onwards, even exemption allowable U/s 10(34) of the Act for any income by way of dividend from

A.C.I.T., CIRCLE-2,, AGRA vs. M/S SAKSHI TAIRI & CHHAYA BATTAD, MORENA

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

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

capital gain; and (ii) shares have been sold through recognized Stock Exchange after paying "STT" on their sale or bringing on record any material to support the suspicion. 11. In addition to above, in subsequent assessment years i.e. A.Y.s 2006-07 and onwards, even exemption allowable U/s 10(34) of the Act for any income by way of dividend from

ALAUDDIN,AGRA vs. ITO, WARD 1(1)(1), AGRA, AGRA

In the result, the appeal is partly allowed for statistical purposes

Bench: : Shri Sunil Kumar Singh & Shri Manish Agarwalassessment Year: 2015-16

capital gain on 100% sale consideration. Prayed to set aside the impugned order and allow assessee’s claim u/s. 54 of the Act in respect of the same. 12. Learned DR has submitted that the Revenue has already allowed benefit of section 54 in respect of one of the residential properties No. 19/180, Tila Ajmeri, Ghati Mamu Bhanja, Agra whereas

ACIT CIRCLE-4, AGRA vs. JHANSI DEVELOPMENT AUTHORITY, JHANSI

In the result the appeal of the assessee is allowed and the appeal

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Gains of business or Profession” or “ Income from other sources”. The completion of assessment under Chapter IV and invoking provisions of section 145(3) is wholly illegal in the case of the appellant which is enjoying registration u/s 12AA. 5. Because the Ld. CIT(A) erred, both in law and on facts, in sustaining the addition

JHASI DEVELOPMENT AUTHORITY,JHANSI vs. DY. C.I.T., CIRCLE-4, AGRA

In the result the appeal of the assessee is allowed and the appeal

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Gains of business or Profession” or “ Income from other sources”. The completion of assessment under Chapter IV and invoking provisions of section 145(3) is wholly illegal in the case of the appellant which is enjoying registration u/s 12AA. 5. Because the Ld. CIT(A) erred, both in law and on facts, in sustaining the addition

JHANSI DEVELOPMENT AUTHORITY,JHANSI vs. ACIT CIRCLE-4, AGRA

In the result the appeal of the assessee is allowed and the appeal

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Gains of business or Profession” or “ Income from other sources”. The completion of assessment under Chapter IV and invoking provisions of section 145(3) is wholly illegal in the case of the appellant which is enjoying registration u/s 12AA. 5. Because the Ld. CIT(A) erred, both in law and on facts, in sustaining the addition

USHA AGARWAL,AGRA vs. ITO 4(4), AGRA

In the result, the appeal is allowed

Bench: Shri A. D. Jain

capital gains resulted into escapement of assessment and to assess it, issuance of notice under section 148 is considered necessary as it is a case of income escaping assessment, under the provision of section 147 of the Act” (emphasis supplied) 3. From the perusal of the said reasons it is abundantly clear that the so called ‘Reasons’ are no ‘reasons

ITO 1(2), GWALIOR vs. SMT REENA AGRAWAL, GWALIOR

In the result, the appeal is allowed for statistical purposes

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2012-13

4) The amount of the net consideration which is not appropriated by the assessee towards the purchase of the new asset made within one year before the date on which the transfer of the original asset took place, or which is not utilised by him for the purchase or construction of the new asset before the date of furnishing

SH. KULDEEP SRIVASTAVA,MATHURA vs. I.T.O., WARD-3(2), MATHURA

Appeal is dismissed

Bench: : Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwalassessment Year: 2009-10

section 50C and the same is reproduced as under: - Name of the Amount of Stamp Amount Sale Proportionate vendee total sale registration considered amount stamp value consideration value for received for assesse computing by the capital gain assesse 1 2 3 4 5 6 Sanjeev Kumar 20,30,000 18,25,000 20,30,000 11

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

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

4. We have considered the rival submissions and the material on record. The reasons for reopening of assessment have been incorporated in the impugned order, which is also reproduced above. Copy of same is also filed at page 11 of the paper book. According to section 147 of the IT Act, the essential ingredient of this section has been that

RAGHUVENDRA KUMAR VARSHNEY,ALIGARH vs. I.T.O., WARD-1, ALIGARH

In the result appeal of the assessee stands allowed

Bench: Shri C.M. Garg & Dr. Mitha Lal Meena

Capital Gain; that the reasons recorded itself says sale of 5 Flats for Rs.36 Lacs and the issue of including 15 Flats would arise if the income was taken under the head of Business; that the exemption u/s 54EC has been allowed by the Assessing Officer in the Original Assessment Order after considering the facts and that

AARA AGRO PVT. LTD.,AGRA vs. DY.CIT., CIRCLE-2(1)(1), AGRA

The appeal is allowed for statistical purposes

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meenalt.A No. 54/Agr/2021 (Assessment Year: 2018-19) Vs. Cit Circle-2 (1)(1) Agra Agro Private Limited Agra U.P. Anjana Cinema, 3/2 D.M.G. Road Agra U.P. 282007 Pan: Aagca8595F (Revenue) (Assessee)

CAPITAL GAINS IN MARCH 2018 THEREFORE THE ADVANCE TAX LIABILITY AROSE ONLY IN MARCH. THE RETURN WAS PROCESSED ON 17 MAY 2019 CHARGING INTEREST US 234C.THE APPELLANT INSTEAD OF FILING APPEAL PREFER TO FILE RECTIFICATION REQUEST AT CPC ON 9 JUNE 2019. THE RECTIFICATION ORDER RECEIVED ON EMAIL ON 21 FEB 2020 SEEN ON 2/3/2020. THE APPEAL FILED IS DELAYED

AGRA DEVELOPMENT AUTHORITY,AGRA vs. DCIT., CIRCLE-1, AGRA

The appeals of the assessee are allowed and the appeal of the revenue is dismissed

11. It has to be remembered that both the judges, who rendered the majority decision in ITA No.216/Agr/2016, 183/Agr/2014,439/Agr/2015 & ITA No. 177/Agr/2014 39 the Surat Art Silk Cloth Mfrs. Association’s case (supra) , considered the provisions of sub- section (4) relevant, even when the last limb of the definition of charitable purpose prohibited any activity for profit and both

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)

4 | P a g e deposits with supporting cash flow/records; the Assessing Officer rejected the explanation on erroneous presumptions without bringing any cogent material on record. 7. Because having regard to the facts and circumstances to the case the addition of ₹2,32,800/- towards short-term capital gains by estimating/substituting the cost of acquisition

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

4. Further, Learned Pr.CIT held that Explanation 2 of Section 263 of the Finance Act, 2015 has permitted the Learned Pr.CIT to direct for further investigation. Hence, he rejected assessee’s submissions that enquiry has been done by the Assessing Officer. Learned Pr.CIT concluded as under: “11. After careful consideration of material available on record, it is held that

SHRI BASANT MAKHIJA,GWALIOR vs. A.C.I.T. CIRCLE-I, GWALIOR

In the result, the appeals and Cross objection are allowed for statistical purposes

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2008-09

capital gain received from transfer of agriculture land to the farmers only. But according to Development agreement and registered deed which was signed by assessee holding the power of attorney on behalf of original seller Mr. Bajandas Kashinath Bankar this land has commercial and capitalistic nature/intentions and misuse of this section which is wholly and exclusively for the relief/benefit

GOVIND SHARMA,MATHURA vs. ITO, WARD 1(3)(1), MATHURA

In the result, the assessee’s appeal is allowed

Capital Gain and claiming exemption u/s 10(38) of the I.T. Act. Assessee’s 2 | P a g e case was reopened u/s. 147 of the Act and notice u/s 148 dated 31.03.2021 was issued to the appellant after obtaining necessary approvals and after following the due procedure of law. Show-cause Notice dated 27-03-2022, wherein, a draft