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

Section 45. [(1)] Any profits or gains arising from the transfer91 of a capital asset91 effected91 in the previous year shall, save as otherwise provided in sections92[***] 93[54

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

Section 45. [(1)] Any profits or gains arising from the transfer91 of a capital asset91 effected91 in the previous year shall, save as otherwise provided in sections92[***] 93[54

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

Section 45. [(1)] Any profits or gains arising from the transfer91 of a capital asset91 effected91 in the previous year shall, save as otherwise provided in sections92[***] 93[54

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

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

capital gains of Rs. 9995501/- u/s 54 F, it was submitted that investment in land which is an integral and vital part of construction of a residential house qualifies for exemption u/s.54F and reliance on the following Judgments including the Judgment of Hon'ble Jurisdictional M.P. High Court was placed : a. Smt. Shashi Verma

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]

gains under Case I of Schedule D". 5.3 Thus, when subsidy is received from a public fund and these are to assist the assessee to carry on or business, the object of subsidy is apparent i.e. to enable the assessee to run business more profitably, become more competitive etc. These are operational subsidies and not capital subsidies. The source from

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

In the result, the appeal is allowed

Bench: Shri A. D. Jain

capital gain, whether it was long term or short term and which represents income that had escaped assessment. I.T.A No. 167/Agra/2018 5 It has further been submitted that the Hon’ble jurisdictional Allahabad High 6. Court, in the case of ‘Mahesh Kumar Gupta Vs CIT’, (supra) quashed the notice under section 148, which was issued on the basis of reasons

ANIL KUMAR GOYAL HUF,FIROZABAD vs. ITO WARD-5(1), FIROZABAD

In the result, the appeal of the assessee is allowed

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

1,06,22,000/- having stamp value of Rs.1,15,00,000/-. As per provisions of section 54 of the Act, to avail benefit of this section, the appellant has to have the residential house constructed within a period of three years from the date of transfer which in the assessee's case falls on 15.04.2014. However, as observed

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

54, Ganesh Nagar, Lawyers Bhawan, Sanjay Place, Colony, Agra 282 005 Agra- 282 002 U.P. PAN : AIVPS1077J (Appellant)(Respondent) Assessee by Shri K.K. Jain, Adv. Department by Shri Shailendra Srivastava, Sr. D.R. Date of hearing 15/10/2025 26.11.2025 Date of pronouncement ORDER PER : SUNIL KUMAR SINGH, JUDICIAL MEMBER This appeal has been preferred on behalf of the assessee against the order

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

54 in para 4 to the following effect : Issue of disallowing the rebate/exemption from long term capital gain: Assessee sold agriculture land for Rs. 88,38,000/- situated at Kedar Pur. This 7 bigha agriculture land was purchased on 16.09.1997 for Rs. 4,27,778/- which has the price of Rs. 7.12.102/- as per cost inflation index. After including

HARI SINGH,MATHURA vs. ITO WARD-3(2), MATHURA

In the result, the appeal of the assessee for statistical purposes treated as

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

1. Because the Ld CIT (Appeal) has erred in law as well as on facts in holding that the order passed by the AO. u/s/144/147 was in order without considering the facts that no capital gains I.T.A No.440/Agra/2017 2 tax was chargeable in this case being 85% of net consideration invested in assets

DINESH CHANDRA DUTTA,ALIGARH vs. CIT A, ALIGARH

In the result, the appeal of the assessee is allowed

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2015-16

1), C/o N.A. Siddiqi, Advocate, Aligarh. 7, Anon House, Civil Lines, Aligarh. PAN: ABMPB3271D (Appellant) (Respondent) Appellant by Sh. I.A. Siddiqi, Advocate Smt. Sita Srivastava, Sr. DR Respondent by Date of Hearing 05.03.2021 Date of Pronouncement 08.03.2021 ORDER Per Laliet Kumar, J.M.: This appeal by the assessee for the assessment year 2915-16 is directed against the order dated

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

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

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

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

54,16,600/-) was to be brought to tax. Half share of the Assessee as co-owner of the properties amounted to Rs. 31,24,200/- and this amount i.e. the difference between the Sale Consideration disclosed as per the Sale Deed and the full value of the consideration received u/s 50C amounting

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

54,16,600/-) was to be brought to tax. Half share of the Assessee as co-owner of the properties amounted to Rs. 31,24,200/- and this amount i.e. the difference between the Sale Consideration disclosed as per the Sale Deed and the full value of the consideration received u/s 50C amounting

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

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

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 facts and circumstances of the case of the appellant. 6. Because the Ld. CIT(A) erred, both in law and on facts, in sustaining the addition