A.C.I.T., CIRCLE-2, GWALIOR vs. M/S SUNIL KUMAR MITTAL & MAMTA MITTAL, MORENA

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

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

capital gain cannot be transferred to such third person , without transfer of shares prior to LTCG or to the assessee , as gain ITA 124 /Agr/2014 & Ors 41 arose admittedly in contravention of lawand therefore, the action on the part of the ld. CIT(A) was incorrect. 24.3 In respect of the dividend, it was submitted that even assuming that

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 cannot be transferred to such third person , without transfer of shares prior to LTCG or to the assessee , as gain ITA 124 /Agr/2014 & Ors 41 arose admittedly in contravention of lawand therefore, the action on the part of the ld. CIT(A) was incorrect. 24.3 In respect of the dividend, it was submitted that even assuming that

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 cannot be transferred to such third person , without transfer of shares prior to LTCG or to the assessee , as gain ITA 124 /Agr/2014 & Ors 41 arose admittedly in contravention of lawand therefore, the action on the part of the ld. CIT(A) was incorrect. 24.3 In respect of the dividend, it was submitted that even assuming that

M/S CHATTA SUGAR CO. LTD,MATHURA vs. A.C.I..T CIRCLE-3, MATHURA

In the result, the appeal of the assessee is allowed

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2009-10]

section 41(1) of the Act, the action of the AO in treating grant under consideration as a revenue receipt and should be taxable and accordingly confirmed the addition of Rs.17,44,85,000/-. 4.4. The relevant extract of the order of the Ld. CIT(A) is reproduced as under:- 5. I have carefully considered the facts of the case

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

capital gain should be computed in the hand of the assessee(appellant) as under: - Sale consideration as per section 50C Rs. 1’41

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 arise. The liability of advance tax arose only after sale of property in accordance with the provisions of section 207 to 211. The e return was filed showing normal income of rupees 266005400 and income under section 115JB of rupees 3 50503 102. The intimation under section 143(1) was received on 3rd June 2019 determining demand

CHET RAM VERMA,ETAH vs. ITO WARD-3(1), ETAH

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

capital gain solely relying on the statement of the I.T.A No. 783/Agra/2018 3 persons who executed the power of attorney in the favour of the appellant. Ld. CIT(A) while confirming the addition has legally erred ignoring the fact that the statement cannot be relied upon and cannot be made basis of addition until and unless the opportunity of cross

SHRI SIYARAM YADAV,MAINPURI vs. ITO 2(5), MAINPURI

In the result, the appeal is allowed

Bench: Shri A. D. Jain

41,280/- other income totaling to Rs. 538900/- during the year. 11. That addition of capital gains tax made by the A.O. at Rs. 17,38,000/- on the basis of stamp value under section

GINNI FILAMENTS LTD.,GAUTAM BUDH NAGAR vs. DCIT CIRCLE 1(1)(1), AGRA

In the result, the appeal is allowed for statistical purposes

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2020-21

capital gains, arising out of sale of properties to the satisfaction of the Assessing Officer. The only issue under dispute during the assessment year was with respect to the outstanding trade payable liability of Rs.34,45,60,149/- in respect of 119 parties out 257 sundry creditors. It appears from the perusal of assessment order and the impugned first appellate

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 & 355/Agra/2014 & SA Nos. 1 to 3/Ag/2017 7 (In ITA Nos. 149 to 151/Agra/2017) 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 12A. 3. Because the Ld. CIT(A) erred, both

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 & 355/Agra/2014 & SA Nos. 1 to 3/Ag/2017 7 (In ITA Nos. 149 to 151/Agra/2017) 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 12A. 3. Because the Ld. CIT(A) erred, both

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 & 355/Agra/2014 & SA Nos. 1 to 3/Ag/2017 7 (In ITA Nos. 149 to 151/Agra/2017) 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 12A. 3. Because the Ld. CIT(A) erred, both

M/S DEEPRAJ HOSPITAL P LTD,HATHRAS vs. ITO 3(5), HATHRAS

In the result, both the appeals are allowed

Bench: Shri A. D. Jain

section 148 as well as consequent assessment where assessment was reopened on the basis of report of DDI, who believed that transaction of capital gain shown by the assessee was bogus. The Hon'ble Bench while quashing the notice observed that "Whether Assessing Officer reopened assessee's assessment merely because DDIT (Inv) believed that transaction of capital gains shown

M/S CHARAN SINGH ICE & STORAGE P LTD,HATHRAS vs. ITO 3(5), HATHRAS

In the result, both the appeals are allowed

Bench: Shri A. D. Jain

section 148 as well as consequent assessment where assessment was reopened on the basis of report of DDI, who believed that transaction of capital gain shown by the assessee was bogus. The Hon'ble Bench while quashing the notice observed that "Whether Assessing Officer reopened assessee's assessment merely because DDIT (Inv) believed that transaction of capital gains shown

VARDAN CONSTRUCTIONS PRIVATE LIMITED,GWALIOR vs. INCOME TAX OFFICER-2(3), GWALIOR

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

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2012-13]

Capital Gain of Rs.11,81,680/- was offered. It was further noted by the Assessing Officer in the reasons recorded that the stamp duty valuation of the said property was Rs.2,22,82,500/- and 50% of the same being share of the assessee comes to Rs.1,11,41,250/-. Thereafter, the Assessing Officer referred to the provisions of section

HOTI LAL,MATHURA vs. ITO WARD-3(2), MATHURA

In the result, appeals of the assessee stans allowed for statistical purpose

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meenahoti Lal S/O Shri Ram Dayal, Vs. Income Tax Officer 3(2), Aurangabad, Mathura. Mathura. Pan: Abypl9237B (Assessee) (Revenue)

Gains, by way of treating the land sold within 8 Km. from Municipal Limits of Mathura. 4. Being aggrieved, the assessee went before the Ld. CIT(A) who rejected the assessee’s submission thatthe land sold was beyond 8 Km. from Municipal Limits of Mathura and a Capital Asset as per Section

HIND LAMPS LTD.,,FIROZABAD vs. CPC., BENGALURU/ JAO., CIRCLE-2(2)(1), FIROZABAD

In the result all the appeals filed by the

Bench: : Shri Anil Chaturvedi & Sh. Laliet Kumarassessment Year: 2018-19 M/S. Krishna Kanha Shelters Pvt. Ltd. Vs. Acit Circle – 2(1)(2) Pushpanjali Palace Delhi Gate Sanjay Place, Agra U.P. Agra U.P. Pan: Aacck7160L (Appellant) (Respondent) Assessment Year: 2008-09 M/S Banmoreelecticals Pvt Ltd Vs. Dcit Behind Park Hotel, Moti Mahal, Road City Centre Gwalior M.P. Gwalior M.P. Pan: Aabcb4242M (Respondent) (Appellant)

Capital Pvt. Ltd. vs. DCIT/ACIT -1(1) Udaygiri Bhaskar lane Gwalior M.P. Gwalior M.P. PAN: AADCR7430F (Appellant) (Respondent) Assessment year: 2018-19 M/s. B.P. Oils Mills Ltd. vs. J.O. Circle 2(1)(1) Maithan Agra U.P. Agra U.P. 282001 PAN: AAACB6524H (Appellant) (Respondent) ITA No. 53 /Agra/2021 & Others (58) ITA No.86&105/Agr/2021 Assessment year: 2018-19 & 2019-20 Sh. Danvir

B.P. OIL MILLS LIMITED,AGRA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), AGRA

In the result all the appeals filed by the

Bench: : Shri Anil Chaturvedi & Sh. Laliet Kumarassessment Year: 2018-19 M/S. Krishna Kanha Shelters Pvt. Ltd. Vs. Acit Circle – 2(1)(2) Pushpanjali Palace Delhi Gate Sanjay Place, Agra U.P. Agra U.P. Pan: Aacck7160L (Appellant) (Respondent) Assessment Year: 2008-09 M/S Banmoreelecticals Pvt Ltd Vs. Dcit Behind Park Hotel, Moti Mahal, Road City Centre Gwalior M.P. Gwalior M.P. Pan: Aabcb4242M (Respondent) (Appellant)

Capital Pvt. Ltd. vs. DCIT/ACIT -1(1) Udaygiri Bhaskar lane Gwalior M.P. Gwalior M.P. PAN: AADCR7430F (Appellant) (Respondent) Assessment year: 2018-19 M/s. B.P. Oils Mills Ltd. vs. J.O. Circle 2(1)(1) Maithan Agra U.P. Agra U.P. 282001 PAN: AAACB6524H (Appellant) (Respondent) ITA No. 53 /Agra/2021 & Others (58) ITA No.86&105/Agr/2021 Assessment year: 2018-19 & 2019-20 Sh. Danvir