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

section is very wide, but at the same time it cannot be stated to be a plenary power. The AO can assume jurisdiction under the said provision provided there is sufficient material before him. He cannot act on the basis of his whim and fancy, and the existence of material must be real. Further, there must be nexus between

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 of Rs. 26,62,987/-. Thereafter, the assessee revised the ITR on 27.05.2017 showing total income at Rs.3,39,360/- under the head income from other sources. 1.2 The assessee claimed the above stated amount of Rs.27,96,629/- i.e., Compensation of Rs. 21,51,253/- and Solatium @ 30% of Rs.6,45,376/- in the revised return

INCOME TAX OFFICER, INCOME TAX OFFICE vs. VIKAS MEHRA, THE MALL

In the result, the appeal filed by the revenue is dismissed being devoid of

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

gains. He further submitted that the Assessing Officer has made the additions on account of increase of capital account from undisclosed sources (as per last para of the assessment order) to which he clarified that in the instant case, the increase in capital account represented by assets has resulted from inheritance of immovable properties and it is very much from

M/S CITI PLAZA,JALANDHAR vs. INCOME TAX OFFICER , WARD 3(1), JALANDHAR

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

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

capital gain, if any was assessable in AY 2006-07, which claim had been accepted by his predecessor to delete the addition made in AY 2005-06, now the contentions raised by assessee were totally misleading and contrary to facts. 4. The assessee had relied upon a plethora of under noted cases, wherein the findings/directions were elaborately explained

SH. AMRIT LAL BATRA, PROP.,SRINAGAR vs. THE ADDITIONAL COMMISSIONER OF INCOME-TAX,, JAMMU

Appeals of the appellant are disposed off in the terms indicated as above

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

16. Further, even the Hon'ble Gujarat High Court in the case of “Pr. CIT v. Bhanuprasad D Trivedi, HUF”, [2017] 87 taxmann.com 137 held that where assessee had purchased shares with clear intention of being an investor and held shares by way of investment, gain arising out of transfer of shares should be treated as capital gains

SHRI AMRIT LAL BATRA,SRINAGAR vs. THE DY. COMMISSIONER OF INCOME-TAX-3, SRINAGAR

Appeals of the appellant are disposed off in the terms indicated as above

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

16. Further, even the Hon'ble Gujarat High Court in the case of “Pr. CIT v. Bhanuprasad D Trivedi, HUF”, [2017] 87 taxmann.com 137 held that where assessee had purchased shares with clear intention of being an investor and held shares by way of investment, gain arising out of transfer of shares should be treated as capital gains

SH. SUNIL GUPTA,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals of the assessees bearing ITA Nos

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

capital gain is chargeable on the compulsory acquisition of these lands because these are agricultural land situated outside the municipal limits of Rajouri Town. All these lands are situated in villages near around Rajouri. I.T.A. Nos. 75 to 77/Asr/2006 Assessment Year.: 1988-89 7 2. Particulars of Land Acquired in the case of three assesses are given as under: Name

SMT. DHANWANTI DEVI (DECEASED),JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals of the assessees bearing ITA Nos

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

capital gain is chargeable on the compulsory acquisition of these lands because these are agricultural land situated outside the municipal limits of Rajouri Town. All these lands are situated in villages near around Rajouri. I.T.A. Nos. 75 to 77/Asr/2006 Assessment Year.: 1988-89 7 2. Particulars of Land Acquired in the case of three assesses are given as under: Name

SMT. ANURADHA MAHAJAN,,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals of the assessees bearing ITA Nos

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

capital gain is chargeable on the compulsory acquisition of these lands because these are agricultural land situated outside the municipal limits of Rajouri Town. All these lands are situated in villages near around Rajouri. I.T.A. Nos. 75 to 77/Asr/2006 Assessment Year.: 1988-89 7 2. Particulars of Land Acquired in the case of three assesses are given as under: Name

POONAM MARWAHA,AMRITSAR vs. ACIT DCIT CEN CIR, AMRITSAR

In the result, the appeal filed by assessee is allowed

Capital gains - Special\nprovision for computation of full value consideration (Revision) - Assessee had filed its\nreturn and same was processed under section 143(1) Subsequently, Principal\nCommissioner invoked revision under section 263 on ground that a land was sold by\nassessee to an entity below value adopted by concerned authority for levy of stamp duty,\nand therefore, there was under

THE ASSTT. COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAY OVERSEAS LTD., JALANDHAR

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

16. The Judgement of Hon’ble Supreme Court in the cases of Liberty India (supra) and Saraf Exports (supra) relied by the Ld. DR have been rendered as per provisions Section 80IB wherein the deduction is provided on profits and gains derived from eligible industrial undertaking from any business. Whereas, under section 10B the deduction has been provided on profits

THE ASSTT. COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAYS OVERSEAS LTD, JALANDHAR

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

16. The Judgement of Hon’ble Supreme Court in the cases of Liberty India (supra) and Saraf Exports (supra) relied by the Ld. DR have been rendered as per provisions Section 80IB wherein the deduction is provided on profits and gains derived from eligible industrial undertaking from any business. Whereas, under section 10B the deduction has been provided on profits

BRODAWAYS OVERSEAS LIMITED,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, JALANDHAR

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

16. The Judgement of Hon’ble Supreme Court in the cases of Liberty India (supra) and Saraf Exports (supra) relied by the Ld. DR have been rendered as per provisions Section 80IB wherein the deduction is provided on profits and gains derived from eligible industrial undertaking from any business. Whereas, under section 10B the deduction has been provided on profits

THE ASSTT. COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAY OVERSEAS LTD., JALANDHAR

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

16. The Judgement of Hon’ble Supreme Court in the cases of Liberty India (supra) and Saraf Exports (supra) relied by the Ld. DR have been rendered as per provisions Section 80IB wherein the deduction is provided on profits and gains derived from eligible industrial undertaking from any business. Whereas, under section 10B the deduction has been provided on profits

THE ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAYS OVERSEAS LTD, JALANDHAR

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

16. The Judgement of Hon’ble Supreme Court in the cases of Liberty India (supra) and Saraf Exports (supra) relied by the Ld. DR have been rendered as per provisions Section 80IB wherein the deduction is provided on profits and gains derived from eligible industrial undertaking from any business. Whereas, under section 10B the deduction has been provided on profits

THE ASSTT. COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAY OVERSEAS LTD., JALANDHAR

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

16. The Judgement of Hon’ble Supreme Court in the cases of Liberty India (supra) and Saraf Exports (supra) relied by the Ld. DR have been rendered as per provisions Section 80IB wherein the deduction is provided on profits and gains derived from eligible industrial undertaking from any business. Whereas, under section 10B the deduction has been provided on profits

THE ASSTT. COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAY OVERSEAS LTD., JALANDHAR

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

16. The Judgement of Hon’ble Supreme Court in the cases of Liberty India (supra) and Saraf Exports (supra) relied by the Ld. DR have been rendered as per provisions Section 80IB wherein the deduction is provided on profits and gains derived from eligible industrial undertaking from any business. Whereas, under section 10B the deduction has been provided on profits

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 or loss. These share of M/s Kappac Pharma Ltd. resembled I.T.A. Nos.32 to 35/Asr/2019 15 A.Ys. 2014-15 & 2015-16 the character of Penny Stocks which has been discussed and investigated at length by Investigation Wing, Kolkata. The Kappac Pharma Ltd. even figures in the Appraisal report of the Investigation Wing, Kolkata giving detail of Bogus LTCG through