SANJAY MAJUMDAR,ALLAHABAD vs. PR. CIT, ALLAHABAD

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2012-13 Mr. Sanjay Majumdar, V. The Principal Commissioner Type Ii – 112, Devprayagam Of Income Tax, Sangam Vatika – Jhalwa, Aayakar Bhawan, Allahabad 211012 38, M.G. Marg, Civil Lines, Allahabad 211001 Pan: Adopm 2688P (Appellant) (Respondent)

capital gain, hence it was held by the Hon'ble Allahabad High Court that there was no error of law in the order of Hon'ble Tribunal, hence questions no. 1 & 2 where answered in the favour of the assessee. Here in this case, agreement of sale was made on 15.07.2011 and all the rights were given and ultimately sale

AJAY KUMAR GUPTA,FATEHPUR vs. CIT(A), NFAC, DELHI (AO:ITO-2(4),FATEHPUR, FATEHPUR

In the result, appeal filed by assessee in ITA No

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

CAPITAL GAINS- (i) Sales Consideration - Rs. 5,00,000.00 (ii) Stamp Duty Valuation - Rs. 15,78,000.00 (iii) Cost of Acquisition- .5260x2,80,000/1.3350-Rs.1,10,332.00 (iv) Indexed Cost of Acquisition( 2001-02) =1,10332x426/389- Rs.1,20,815.00 (v) As per New calculation of Indexed Cost- 1,20.815x264/100= Rs. 3,18,953.00 (vi) LONG TERM CAPITALGAINS

KAILASH JAISWAL,GORAKHPUR vs. ACIT (CC), ALLAHABAD

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria, Ju Dicial Member

80,000/- as made by the assessing officer as per para 4 of the assessment order and his action as confirmed by CIT(A) is highly unjustified. 5. That in any view of the matter addition of Rs.11,89,805/- on account of capital gain as made by the assessing officer which was reduced to Rs.8

KAILASH JAISWAL,GORAKHPUR vs. ACIT(C.C.), ALLAHABAD

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria, Ju Dicial Member

80,000/- as made by the assessing officer as per para 4 of the assessment order and his action as confirmed by CIT(A) is highly unjustified. 5. That in any view of the matter addition of Rs.11,89,805/- on account of capital gain as made by the assessing officer which was reduced to Rs.8

KAILASH JAISWAL,GORAKHPUR vs. ACIT(CC), ALLAHABAD

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria, Ju Dicial Member

80,000/- as made by the assessing officer as per para 4 of the assessment order and his action as confirmed by CIT(A) is highly unjustified. 5. That in any view of the matter addition of Rs.11,89,805/- on account of capital gain as made by the assessing officer which was reduced to Rs.8

KAILASH JAISWAL,GORAKHPUR vs. ACIT(CC), ALLAHABAD

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria, Ju Dicial Member

80,000/- as made by the assessing officer as per para 4 of the assessment order and his action as confirmed by CIT(A) is highly unjustified. 5. That in any view of the matter addition of Rs.11,89,805/- on account of capital gain as made by the assessing officer which was reduced to Rs.8

KAILASH JAISWAL,GORAKHPUR vs. ACIT(C.C.), ALLAHABAD

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria, Ju Dicial Member

80,000/- as made by the assessing officer as per para 4 of the assessment order and his action as confirmed by CIT(A) is highly unjustified. 5. That in any view of the matter addition of Rs.11,89,805/- on account of capital gain as made by the assessing officer which was reduced to Rs.8

RAMESH CHANDRA VAISH,ALLAHABAD vs. ACIT, CENTRAL CIRCLE , ALLAHABAD

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

section 50 of the Act as short term capital gain on sale of assets in the hands of the assessee. 4b. There is one more addition with respect to gift of Rs. 1,80

RAMESH CHANDRA VAISH ,ALLAHABAD vs. ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE , ALLAHABAD

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

section 50 of the Act as short term capital gain on sale of assets in the hands of the assessee. 4b. There is one more addition with respect to gift of Rs. 1,80

MEJA URJA NIGAM (P) LTD.,ALLAHABAD vs. INCOME TAX OFFICE WARD-2 (2), ALLAHABAD

In the result, both the appeals of the assessee for ay: 2015-16 and 2016-17

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

capital receipt and adjusted against expenses reducing the cost of the project 5. The learned CIT(Appeals) has committed a grave error of law in not appreciating the case laws cited by the assessee, which not only squarely covers the controversy but were also binding upon him. 6. The order passed by the CIT(A] is in teeth

TRIVENI GLASS LIMITED,ALLAHABAD vs. INCOME TAX OFFICER WARD 2(3), ALLAHABAD

In the result, the appeal filed by assessee in ITA no

Bench: Shri.Vijay Pal Rao& Shri Ramit Kochar

Capital gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of section 72, or sub-section (2) of section 73, or sub-section (1) [or sub-section (3)] of section 74, [or sub-section (3) of section 74A], he may furnish, within the time allowed under sub-section (1) [***], a return

TRIVENI GLASS LIMITED,ALLAHABAD vs. INCOME TAX OFFICER WARD 2(3), ALLAHABAD

In the result, the appeal filed by assessee in ITA no

Bench: Shri.Vijay Pal Rao& Shri Ramit Kochar

Capital gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of section 72, or sub-section (2) of section 73, or sub-section (1) [or sub-section (3)] of section 74, [or sub-section (3) of section 74A], he may furnish, within the time allowed under sub-section (1) [***], a return

TRIVENI GLASS LIMITED,ALLAHABAD vs. INCOME TAX OFFICER WARD 2(3) , ALLAHABAD

In the result, the appeal filed by assessee in ITA no

Bench: Shri.Vijay Pal Rao& Shri Ramit Kochar

Capital gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of section 72, or sub-section (2) of section 73, or sub-section (1) [or sub-section (3)] of section 74, [or sub-section (3) of section 74A], he may furnish, within the time allowed under sub-section (1) [***], a return

ABDULLAH KHAN,BHADOHI vs. CIT (A), VARANASI

Bench: Shri.Vijay Pal Raoita Nos.22 & 23/Alld/2022 Ays: 2008-09 & 2011-12 Vs. The Commissioner Of Income Abdullah Khan, Takiya Kallan Shah, Main Road, Tax (Appeals), Varanasi District-Sant Ravidas Nagar (Bhadohi), U.P. Pan-Akypk9399L (Appellant) (Respondent) Assessee By: Sh. Arif Iqbal, Advocate Department By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 12.12.2022 Date Of Pronouncement: 20.12.2022 O R D E R Shri Vijay Pal Rao: These Two Appeals By The Assessee Are Directed Against Two Separate Orders Of Cit(A), Both Dated 04.06.2019 For The Assessment Years 2008-09 & 2011-12, Respectively. 2. The Impugned Orders Of The Cit(A) Were Passed On 04.06.2019, Whereas These Appeals Have Been Filed By The Assessee On 01.07.2022, Therefore, The Delay Of More Than Two Years Is Required To Be Explained. The Assessee Has Filed The Applications For Condonation Of Delay & Submitted That The Assessee Could Not Receive The Impugned Orders Passed By The Cit(A) Till 20.03.2020 When The Assessee Obtained The Certified Copies Of The Above Orders. The Learned Ar Of The Assessee Has Further Submitted That The Counsel Who Was Appearing For The Assessee Also Did Not Communicate About The Impugned Orders Passed By The Cit(A) Therefore, The Assessee Was Having No Knowledge About The Impugned Orders. He Has Further Submitted That When The Orders Were Received By The Assessee, It Was Covid-19

capital gain on sale of Godown as well as the residential plot vide sale deed dated 31.8.2007 and 11.3.2011, respectively was escaped assessment. It was AYs: 2008-09 & 2011-12 Abdullah Khan further stated in the report that the Godown was sold by Sh. Charanjit Singh Sehgal to the assessee for a consideration of Rs. 13,00,000/- stamp duty

DCIT, CIRCLE-II , ALLAHABAD vs. BHARAT PUMPS & COMPRESSORS LTD, ALLAHABAD

In the result, appeal filed by Revenue for ay: 2007-08 is allowed for statistical purposes

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

capital in nature. These are also not illegal payments. Accordingly, additions so made (Rs. 96,26,000+Rs. 29,02,000) are hereby deleted.” 5. Now it was the turn of Revenue to be aggrieved by the decision of ld. CIT(A) allowing assessee’s appeal on this issue and the Revenue has filed this appeal with tribunal. The appeal

DCIT, CIRCLE-II , ALLAHABAD vs. BHARAT PUMPS & COMPRESSORS LTD, ALLAHABAD

In the result, appeal filed by Revenue for ay: 2007-08 is allowed for statistical purposes

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

capital in nature. These are also not illegal payments. Accordingly, additions so made (Rs. 96,26,000+Rs. 29,02,000) are hereby deleted.” 5. Now it was the turn of Revenue to be aggrieved by the decision of ld. CIT(A) allowing assessee’s appeal on this issue and the Revenue has filed this appeal with tribunal. The appeal