SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH. CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

capital gain treated as income from undisclosed sources, without considering the facts of the case and without observing the principles of natural justice

SHRI NAROTAM SINGH,MANSA vs. INCOME TAX OFFICER WARD -1(4), MANSA

In the result, both the appeals of the assessees are allowed

natural justice in order to arrive at the correct capital gain after taking into consideration these two comparable sales transactions

SHRI TARLOCHAN SINGH,MANSA vs. INCOME TAX OFFICER WARD-1(4), MANSA

In the result, both the appeals of the assessees are allowed

natural justice in order to arrive at the correct capital gain after taking into consideration these two comparable sales transactions

SHRI RANJEET SINGH,BATHINDA vs. INCOME TAX OFFICER WARD-1 (1), BATHINDA

In the result, both the appeals of the assessee are allowed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Capital Gains’ u/s 45(5)(a) of the Act and added to the income of the appellant. Ranjeet Singhv. ITO & Ors. 6. The Ld. CIT (A) has confirmed the addition by observing that Notification dated 31.12.2014 was issued by Ministry of Law & Justice wherein sub section (3) of section 105 of the RFCTLAAR Act was substituted by providing that

M/S RAMAN KUMAR AGGARWAL,GURDASPUR vs. DY. COMMISSIONER .OF. INCOME. TAX , AMRITSAR

In the result, the appeal of assessee in ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

capital gain on sale of shares as assessee’s own unaccounted funds and denying the exemption u/s 10(38) of the Act. 2 That the ld.CIT(A)-5, Ludhiana has erred in law and on facts in confirming the findings of the AO that the transactions of purchase and sale of shares by appellant are not genuine but bogus, stage

SH.GAURAV AGGARWAL,GURDAS PUR vs. DY.COMMISSIONER OF INCOME TAX, AMRITSAR

In the result, the appeal of assessee in ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

capital gain on sale of shares as assessee’s own unaccounted funds and denying the exemption u/s 10(38) of the Act. 2 That the ld.CIT(A)-5, Ludhiana has erred in law and on facts in confirming the findings of the AO that the transactions of purchase and sale of shares by appellant are not genuine but bogus, stage

SH. RAMAN KUMAR AGGARWAL,GURDAS PUR vs. DY. COMMISSIONER OF INCOME TAX , AMRITSAR

In the result, the appeal of assessee in ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

capital gain on sale of shares as assessee’s own unaccounted funds and denying the exemption u/s 10(38) of the Act. 2 That the ld.CIT(A)-5, Ludhiana has erred in law and on facts in confirming the findings of the AO that the transactions of purchase and sale of shares by appellant are not genuine but bogus, stage

SMT. DEEPTI AGGARWAL,GURDAS PUR vs. DY COMMISSIONER OF INCOME TAX, AMRITSAR

In the result, the appeal of assessee in ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

capital gain on sale of shares as assessee’s own unaccounted funds and denying the exemption u/s 10(38) of the Act. 2 That the ld.CIT(A)-5, Ludhiana has erred in law and on facts in confirming the findings of the AO that the transactions of purchase and sale of shares by appellant are not genuine but bogus, stage

SHRI.BOOTA SINGH S/O. SH. NACHATER SINGH, BATHINDA vs. INCOME TAX OFFICER WARD-2(1), BATHINDA

In the result all the appeals of the assessee are allowed for statistical purposes

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

capital gain, in respect to all the land holders, unless some special rates were shown to be applicable, as the AO had not referred the matter to DVO under section 55A of the ACT. No dissimilarity had been brought to the notice by the ld DR between the assessee before us Sh. ITA Nos. 162 to 164/Asr/2019 15 Paramjit Singh

SHRI BABBU SINGH S/O SHRI NACHHATER SINGH,BATHINDA vs. INCOME TAX OFFICEER WARD-2(1), BATHINDA

In the result all the appeals of the assessee are allowed for statistical purposes

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

capital gain, in respect to all the land holders, unless some special rates were shown to be applicable, as the AO had not referred the matter to DVO under section 55A of the ACT. No dissimilarity had been brought to the notice by the ld DR between the assessee before us Sh. ITA Nos. 162 to 164/Asr/2019 15 Paramjit Singh

SHRI NACHHATER SINGH S/O SHRI GURBAKSH SINGH,BATHINDA vs. INCOME TAX OFFICEER , BATHINDA

In the result all the appeals of the assessee are allowed for statistical purposes

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

capital gain, in respect to all the land holders, unless some special rates were shown to be applicable, as the AO had not referred the matter to DVO under section 55A of the ACT. No dissimilarity had been brought to the notice by the ld DR between the assessee before us Sh. ITA Nos. 162 to 164/Asr/2019 15 Paramjit Singh

ITO, WARD- 3(3), SRINAGAR vs. SMT. ZEENAB, BEMINA

In the result, the appeal filed by the Revenue Department stands dismissed, whereas the appeal of the assessee is partly allowed for statistical purposes on the aforesaid reasons stated above

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhry

nature and does not require any adjudication. 3. The Revenue department on aggrieved against the order impugned herein preferred its appeal on the following grounds. "1. Whether the Ld. CIT(A) was right in law and fact in allowing the appeal of the assessee by relying on the explanations of the assessee submitted during the appellate proceedings though nothing

SMT. ZEENAB,SRINAGAR vs. INCOME TAX OFFICER, WARD 3(3),, SRINAGAR

In the result, the appeal filed by the Revenue Department stands dismissed, whereas the appeal of the assessee is partly allowed for statistical purposes on the aforesaid reasons stated above

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhry

nature and does not require any adjudication. 3. The Revenue department on aggrieved against the order impugned herein preferred its appeal on the following grounds. "1. Whether the Ld. CIT(A) was right in law and fact in allowing the appeal of the assessee by relying on the explanations of the assessee submitted during the appellate proceedings though nothing

M/S. SATIA INDUSTRIES LIMITED,MUKTSAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, BATHINDA

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

justice as only one day time has been allowed to submit reply to the SCN and, in view, of the judgment of Apex Court in the case of Sona Builders the directions issued by the Dispute resolution panel for enhancement of income of Rs 4,57,32,318/- deserves to be set aside/quashed. 3.1. That the Dispute Resolution Panel

SHRI SUKHEV SINGH ,BATHINDA vs. INCOME TAX OFFICER, WARD 1(2), BATHINDA

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

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

capital gains being claimed as 7 Sukhdev Singh v. ITO agricultural land etc. after considering the written submission of the assesse and granting sufficient opportunity of being heard. 7. Accordingly, in view of the principle of natural justice

M/S. WORLDWIDE FOURTUNE HOMES ,KATHUA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, JAMMU

In the result, appeal of the assessee ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

nature of addition is different. The assessing authority has considered the amount Rs. 10 lakh as capital gain but not cost of acquisition during time of assessment proceeding in the reason lack of documents. The ld. CIT(A) had converted the income assessed U/s 45 to section 69A. The appellate authority can change the view of assessing authority

INCOME TAX OFFICER, FEROZEPUR vs. MS.JATIN AGRO, FORT ROAD

In the result, the appeal of the revenue is dismissed

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta(Physical Hearing) I.T.A. No. 103 & 104/Asr/2024 Assessment Years: 2014-15 & 2017-18 Ito, Ward-3(1), Vs. M/S Jatin Agro Fort Road, Ferozepur. 152-P, Ferozepur. [Pan:-Aarpm5393F] (Appellant) (Respondent) Sh. Ashray Sarna, Ca Appellant By Respondent By Sh. Sunil Gautam, Cit. Dr

gain from the business within the meaning of section 28(1) of the Act , because in the instant case, the presence of business activity is totally absent. 7.1 The Ld. DR further submitted that in the instant case, PUNGRAIN has also treated the amount paid to the assessee in the nature of rent and has deducted TDS under the provisions

INCOME TAX OFFICER, WARD-3(1),FEROZEPUR, FEROZEPUR vs. MS.JATIN AGRO, FORT ROAD

In the result, the appeal of the revenue is dismissed

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta(Physical Hearing) I.T.A. No. 103 & 104/Asr/2024 Assessment Years: 2014-15 & 2017-18 Ito, Ward-3(1), Vs. M/S Jatin Agro Fort Road, Ferozepur. 152-P, Ferozepur. [Pan:-Aarpm5393F] (Appellant) (Respondent) Sh. Ashray Sarna, Ca Appellant By Respondent By Sh. Sunil Gautam, Cit. Dr

gain from the business within the meaning of section 28(1) of the Act , because in the instant case, the presence of business activity is totally absent. 7.1 The Ld. DR further submitted that in the instant case, PUNGRAIN has also treated the amount paid to the assessee in the nature of rent and has deducted TDS under the provisions

SMT. GURJEET KAUR,JALANDHAR vs. INCOME TAX OFFICER, WARD- IV (2),, JALANDHAR

The appeal of the assessee is allowed in terms of our

Bench: Sh. Ravish Sood & Dr. M. L. Meena

justice, which being a serious flaw may render the order as nullity. Also, we find that various Hon’ble High Courts, have concluded, that the action of the A.O in acting upon the statement of a third party that was recorded at the back of the assessee, without affording a cross-examination to the assessee despite specific requests