A.C.I.T., CIRCLE-2, GWALIOR vs. M/S RAKESH SHIVHARE & NISHA MITTAL, MORENA

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

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

gain arising from the transfer of a long-term capital asset ;] 2(42A) [“short-term capital asset” means a capital asset held by an assessee for not more than [thirty-six] months immediately preceding the date of its transfer :] 6[Provided that in the case of a share held in a company 7[or any other security listed

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

gain arising from the transfer of a long-term capital asset ;] 2(42A) [“short-term capital asset” means a capital asset held by an assessee for not more than [thirty-six] months immediately preceding the date of its transfer :] 6[Provided that in the case of a share held in a company 7[or any other security listed

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

gain arising from the transfer of a long-term capital asset ;] 2(42A) [“short-term capital asset” means a capital asset held by an assessee for not more than [thirty-six] months immediately preceding the date of its transfer :] 6[Provided that in the case of a share held in a company 7[or any other security listed

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 as per section 2(14) of the Act. Finding no details of capital gain tax on sale of immovable

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

In the result, the appeal is allowed

Bench: Shri A. D. Jain

14,00,000/- whereas, its valuation for the purpose of stamp duty was at Rs. 17,40,000/- thus taking into the value according to section 50C of the Act, taking its purchase cost, the net capital gain

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

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

capital gain in view of the Karnataka High Court's decision referred to above. What Page 15 of 23 Tej Singh vs. ITO income is said to have been escaped does not find mention therein. Even assuming for the sake of argument, the income was liable to be taxed as short term gain unless there is any material before

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 worked out on sale of depreciable assets. As the book profit was more than normal income, the tax was calculated under the LT.A No. 54/AGR/2021 19 provisions of section 115JB on the book profit of Rs.35,05,03,102/-which inter alia included profit on sale of fixed assets. Since the entire income accrued on 07.03.2018, therefore, there

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 arises from the transfer of a capita! Asset (original asset), being land which in the two years immediately preceedings the date on which the transfer look place was being used by the assessee or parent of his for agriculture purposes”. The land which was sold by the assessee is not agriculture land because in the Khasra Khatoni report

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)

section 50C) Rs.8,40,000/- Cost of acquisition Rs.1,07,200/- Cost of improvement Rs.5,00,000/- Short term capital gains Rs.2,32,800/- 4. Aggrieved with the above order, assessee preferred an appeal before learned CIT(Appeals) and filed the detailed submission before him. After considering the detailed submissions, learned CIT(Appeals) sustained the additions made by the Assessing

GAYATRI,AGRA vs. INCOME TAX OFFICER 2(1)(5), AGRA

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

gain that would arise on sale of the\nabove land as it is outside the definition of capital asset under section 2(14

GULAB SINGH,AGRA vs. INCOME TAX OFFICER 1(1)(1) AGRA, AGRA

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

Bench: Shri M. Balaganesh(Through Virtual Hearing) Gulab Singh, Vs. Income Tax Officer, 50C, Ladamada Ward-1(1)(1), Bichpuri Sadar, Agra Agra (Appellant) (Respondent) Pan: Faeps1251N Assessee By : Shri Rajendra Sharma, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 20/11/2025 Date Of Pronouncement 26/11/2025

gain that would arise on sale of the above land as it is outside the definition of capital asset under section 2(14

SANJANA GUPTA,JHANSI vs. ITO-WARD-2(3)(1) JHANSI, JHANSI

In the result, appeal of the assessee is allowed

Bench: Shri M. Balaganeshsanjana Gupta, Vs. Ito, 130, Gudri Bazar, Jhansi Ward-2(3)(1), Jhansi (Appellant) (Respondent) Pan: Awbpg1536E Assessee By : Smt Prathna Jalan, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 19/01/2026 Date Of Pronouncement 21/01/2026 O R D E R

capital gains. The ld DR on this count submitted that mere mentioning of wrong section would not invalidate the addition per se. To buttress this argument of the ld DR, the ld AR placed reliance on the decision of the Hon‟ble Jurisdictional Allahabad High Court, in the case of Smt Sarika Jain Vs. CIT reported in 84 taxmann.com

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

capital gain at Rs.1,14,71,483/- and added it to the income of the assessee. 2 | P a g e ITA Nos. 80, 255 & 278/Agr/2025 4. Aggrieved, assessee preferred first appeal before ld. CIT(Appeals) against the assessment order dated 21.04.2021 passed u/s. 143(3) r/w section

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

capital gain at Rs.1,14,71,483/- and added it to the income of the assessee. 2 | P a g e ITA Nos. 80, 255 & 278/Agr/2025 4. Aggrieved, assessee preferred first appeal before ld. CIT(Appeals) against the assessment order dated 21.04.2021 passed u/s. 143(3) r/w section

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

capital gain at Rs.1,14,71,483/- and added it to the income of the assessee. 2 | P a g e ITA Nos. 80, 255 & 278/Agr/2025 4. Aggrieved, assessee preferred first appeal before ld. CIT(Appeals) against the assessment order dated 21.04.2021 passed u/s. 143(3) r/w section

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

14 | P a g e Rs.13,96,689/- from other parties, which were offered to tax under the head income from other sources. It was submitted that it was not the interest of only Rs.30,37,400/- earned by the assessee as interest on capital from partnership firm, but there was further interest earned of Rs.13,96,689/- from other

SHRI SWAMI RAM SWAROOP SHARMA,MATHURA vs. ITO WARD 3(4), MATHURA

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

Bench: Shri A. D. Jain & Dr. Mitha Lal Meenakapil Sharma, Executor Of The Vs..Ito,3(4), Estate Of Late (Shri) Ram Swaroop Mathura. Sharma, Gandhi Marg, Vrindavan, Mathura. C/O R.M. Mehta S-125, Panchsheel Park (First Floor), New Delhi Pan:Anhps1936P (Revenue) (Assessee) Kapil Sharma, Executor Of The Vs..Ito,3(4), Estate Of Late (Shri) Ram Swaroop Mathura. Sharma, Gandhi Marg, Vrindavan, Mathura. C/O R.M. Mehta S-125, Panchsheel Park (First Floor), New Delhi Pan:Anhps1936P (Assessee) (Revenue)

sections 147/143(3) of the Act. 10. The ld. DR has objected to the admission of the sale deed, as according to him, the sale deed dated is 29.12.2007 and it ought to have been filed before the AO, which was not done. 6 &ITA No. 146/Agra/2017 11. Having considered the matter in the light of the rival contentions