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 53A of the Transfer of Property Act, 1882 (4 of 1882), if, under any law for the time being in force,— (i) consideration for such property has been provided by the person to whom possession of property has been allowed but the person who has granted possession thereof continues to hold ownership of such property; (ii) stamp duty

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

section 53A of the Transfer of Property Act, 1882 (4 of 1882), if, under any law for the time being in force,— (i) consideration for such property has been provided by the person to whom possession of property has been allowed but the person who has granted possession thereof continues to hold ownership of such property; (ii) stamp duty

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

section 53A of the Transfer of Property Act, 1882 (4 of 1882), if, under any law for the time being in force,— (i) consideration for such property has been provided by the person to whom possession of property has been allowed but the person who has granted possession thereof continues to hold ownership of such property; (ii) stamp duty

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

In the result, the appeal is allowed

Bench: Shri A. D. Jain

capital gain in view of the Karnataka High Court's decision referred to above. What 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 the authority concerned that it exceeds the limit

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

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)

57,500/-. Further, the 2 | P a g e Assessing Officer observed that the assessee has declared Rs.4,50,000/- as gross business receipts. Accordingly, he added the difference of Rs.3,07,400/- to the total income of the assessee. Further, he determined the short term capital gains of Rs.2,32,800/- and observed that the capital gain declared

BRIJESH PODDAR M/S KRISHAN KANHAIYA TEXTILES,HATHARS vs. ITO WARD 4(3)(4), HATHRAS

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganeshshri Brijesh Poddar (Prop), Vs. Ito, M/S. Krishna Kanhiya Ward-4(3)(4), Poddar Textile, Hanuman Hathras Gali, Hathras, Up (Appellant) (Respondent) Pan: Azgpp1350B Assessee By : Shri Pankaj Gargh, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 21/01/2026 Date Of Pronouncement 03/02/2026

capital gains. The assessee actually claimed deduction on account of interest expenditure on loan in the sum of Rs. 5,74,560 under Section 57

RAMESH CHANDRA SHARMA,ALIGARH vs. ITO WARD 1(5), ALIGARH

Appeal is allowed for statistical purposes

capital gain amounting to Rs.13,57,969/- made in\nthe course of assessment framed on 16.11.2018 as upheld in the lower\nappellate discussion, it emerges during the course of hearing that no\nreference u/s 50C(2) of the Act was made to DVO which has been held as\nmandatory in Sunil Kumar Agarwal

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

57,000/-), whereas the sale consideration received as per the Sale Deed is only Rs. 54,16,600/- (Rs. 22,50,100/- plus Rs. 31.66,500/-). Thus, the value of the 2 plots sold by the Assessee as co-owner u/s 50C of the Income Tax Act, 1961 amounts to Rs. 1,16,65,000/-, but the sale consideration received

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

57,000/-), whereas the sale consideration received as per the Sale Deed is only Rs. 54,16,600/- (Rs. 22,50,100/- plus Rs. 31.66,500/-). Thus, the value of the 2 plots sold by the Assessee as co-owner u/s 50C of the Income Tax Act, 1961 amounts to Rs. 1,16,65,000/-, but the sale consideration received

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

MARSHAL SECURITY SERVICES,AGRA vs. ASSISTANT COMMISSIONER OF INCOME TAX, AGRA

In the result, the appeal is allowed

gain. Also verification of properties sale transaction was\nalso the issue. Still this bench did not allow crossing the limit without obtaining\nprior permission.\nd) Sukhdham Infrastructure LLP v. Income Tax Officer (2024) 165\nTaxmann.com 154 (Kolkata Trib.)\nIssue:-There were four issues to verify (i) Interest Expenses (ii) Income from\nreal Estate Business (iii) Sales Turnover Mismatch

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

RADHA GUPTA,KALA MAHAL, AGRA vs. INCOME TAX OFFICER-2(1)(3), , AGRA

Appeal are dismissed

Bench: : Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwalassessment Year: 2017-18

capital gain on sale of this silver bullion as the cost of silver bullion exceeds the sale price. Therefore, the assessee has not disclosed the sale of this silver bullion in her return of income. The assessee has sold some silver bullion through Shri Abhishek Bansal, the broker to unregistered persons. During the course of assessment proceedings, the assessee

SHRI PUNEET BANGLA,AGRA vs. ITO 1(3), AGRA

In the result, the appeal is partly allowed

Bench: Shri A. D. Jain

57 (iii), since, the nexus between earning of such income from other sources and the expenditure incurred for the earning thereof has been proved. 18. This leaves us with the amount of Rs.3,19,242/- (Rs.5,21,766/- (-) Rs.1,58,220/-). 19. Apropos this amount of Rs.3,19,242/-, the contention on behalf of the assessee is that this amount

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

57,480/-. Assessee’s case was selected for scrutiny on the issue of sale consideration of properties in ITR, being less than the sale consideration reported in Form 26QB and high liabilities as compared to low income/receipts. Statutory notices were issued and served upon the assessee. Assessee submitted working of capital gains, arising out of sale of properties