SMT. JANAK RANI DHINGRA,HARYANA vs. THE INCOME TAX OFFICER,, MOGA

In the result, the appeal of the assessee is allowed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryi. T. A. No. 294/(Asr)/2016 Assessment Year: 2006-07

Capital Gains from sale of residential house as declared by the Assessee. Thereafter, the AO levied penalty u/s 271(1)(c) of the Act of Rs. 1,60,000/- being 100% of the amount of tax sought to be evaded by the assessee on the ground of furnishing of inaccurate particulars of income by the assessee. 4. On appeal

SHRI BARJINDERPAL SINGH BHULLAR,MOHALI vs. INCOME TAX OFFICER WARD- 1 (3), BATHINDA

Accordingly, the appeal filed by the assessee is allowed in terms of our aforesaid observations

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

271(1)(c) of the Act, dated 27.08.2014. We shall first take up the appeal filed by the 2 Brijinder Pal Singh Bhullar Vs. ITO, Ward 1(3), Bathinda ITA Nos. 671 & 672/Asr/2019 – A.Y 2008-09 assessee against the quantum assessment. The assessee has assailed the impugned order on the following grounds of appeal before us : “1. That

SHRI BRIJINDERPAL SINGH BHULLAR,MOHALI vs. INCOME TAX OFFICER WARD- 1 (3), BATHINDA

Accordingly, the appeal filed by the assessee is allowed in terms of our aforesaid observations

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

271(1)(c) of the Act, dated 27.08.2014. We shall first take up the appeal filed by the 2 Brijinder Pal Singh Bhullar Vs. ITO, Ward 1(3), Bathinda ITA Nos. 671 & 672/Asr/2019 – A.Y 2008-09 assessee against the quantum assessment. The assessee has assailed the impugned order on the following grounds of appeal before us : “1. That

SH. ARASHPREET SINGH S/O LATE SH. GURMAIL SINGH,SHRI MUKATSAR vs. DY. COMMISSIONER OF INCOME TAX CIRCLE-II, BATHINDA

Appeals are disposed of in the terms and observation made as above

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

B K Jain Vs. CIT, (2017) 81 taxmann.com 134 (P&H) has taken judicial notice of the fact that there are instances where during the course of survey the assessee was found to be clearly hiding income but yet there was audacity of being defiant and not filing the return. The Hon'ble court took a view that such cases

SH. ARSPREET SINGH . S/O. LATE. SH. GURMAIL SINGH ,MUKTSAR vs. DY. COMMISSIONER OF INCOME TAX CIRCLE .II, BATHINDA

Appeals are disposed of in the terms and observation made as above

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

B K Jain Vs. CIT, (2017) 81 taxmann.com 134 (P&H) has taken judicial notice of the fact that there are instances where during the course of survey the assessee was found to be clearly hiding income but yet there was audacity of being defiant and not filing the return. The Hon'ble court took a view that such cases

SH. ARASHPREET SINGH S/O. LATE SH. GURMAIL SINGH,MUKTSAR vs. DY. COMMISSIONER OF INCOME TAX CERCLE- II, BATHINDA

Appeals are disposed of in the terms and observation made as above

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

B K Jain Vs. CIT, (2017) 81 taxmann.com 134 (P&H) has taken judicial notice of the fact that there are instances where during the course of survey the assessee was found to be clearly hiding income but yet there was audacity of being defiant and not filing the return. The Hon'ble court took a view that such cases

SH. ARASHPREET SINGH S/O. LATE SH. GURMAIL SINGH,MUKTSAR vs. DY. COMMISSIONER OF INCOME TAX CIRCLE-II, BATHINDA

Appeals are disposed of in the terms and observation made as above

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

B K Jain Vs. CIT, (2017) 81 taxmann.com 134 (P&H) has taken judicial notice of the fact that there are instances where during the course of survey the assessee was found to be clearly hiding income but yet there was audacity of being defiant and not filing the return. The Hon'ble court took a view that such cases

SH. ARASHPREET SINGH. S/O.LATE.SH. GURMAIL SINGH,MUKTSAR vs. DY. COMMISSIONER OF INCOME TAX .CIRCLE-II, BATHINDA

Appeals are disposed of in the terms and observation made as above

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

B K Jain Vs. CIT, (2017) 81 taxmann.com 134 (P&H) has taken judicial notice of the fact that there are instances where during the course of survey the assessee was found to be clearly hiding income but yet there was audacity of being defiant and not filing the return. The Hon'ble court took a view that such cases

LATE. SH. GURMAIL SINGH.S/O. LATE SH. LAL SINGH,SRI MUKTSAR vs. DY. COMMISSIONER OF INCOME TAX CIRCLE -II, BATHINDA

Appeals are disposed of in the terms and observation made as above

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

B K Jain Vs. CIT, (2017) 81 taxmann.com 134 (P&H) has taken judicial notice of the fact that there are instances where during the course of survey the assessee was found to be clearly hiding income but yet there was audacity of being defiant and not filing the return. The Hon'ble court took a view that such cases

LATE. SH. GUMAIL SINGH . S/O. SH. LAL SINGH,MUKTSAR vs. DY. COMMISSIONER OF INCOME TAX CIRCLE -II, BATHINDA

Appeals are disposed of in the terms and observation made as above

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

B K Jain Vs. CIT, (2017) 81 taxmann.com 134 (P&H) has taken judicial notice of the fact that there are instances where during the course of survey the assessee was found to be clearly hiding income but yet there was audacity of being defiant and not filing the return. The Hon'ble court took a view that such cases

LATE. SH. GURMAIL. SINGH S/O. SH. LAL SINGH,SHRI MUKAT SAR vs. DY. COMMISSIONER OF 9INCOME TAX. CIRCLE -II, BATHINDA

Appeals are disposed of in the terms and observation made as above

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

B K Jain Vs. CIT, (2017) 81 taxmann.com 134 (P&H) has taken judicial notice of the fact that there are instances where during the course of survey the assessee was found to be clearly hiding income but yet there was audacity of being defiant and not filing the return. The Hon'ble court took a view that such cases

LATE. SH. GURMAIL. SINGH. S/O. SH. LAL SINGH,SRI MUKATSAR vs. DY.COMMISSIONER OF INCOME TAX CIRCLE -II, BATHINDA

Appeals are disposed of in the terms and observation made as above

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

B K Jain Vs. CIT, (2017) 81 taxmann.com 134 (P&H) has taken judicial notice of the fact that there are instances where during the course of survey the assessee was found to be clearly hiding income but yet there was audacity of being defiant and not filing the return. The Hon'ble court took a view that such cases

LATE. SH. GURMAIL SINGH S/O. SH. LAL SINGH,SRI MUKATSAR vs. DY.COMMISSIONER OF INCOME TAX CIRCLE -II, BATHINDA

Appeals are disposed of in the terms and observation made as above

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

B K Jain Vs. CIT, (2017) 81 taxmann.com 134 (P&H) has taken judicial notice of the fact that there are instances where during the course of survey the assessee was found to be clearly hiding income but yet there was audacity of being defiant and not filing the return. The Hon'ble court took a view that such cases

MESERS EMBROCIA FARMS PVT LTD,PATHANKOT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, PATHANKOT

In the result, the assessee’s appeal is (in ITA No

Bench: Sh. Sanjay Arorai.T.A. Nos. 561/Asr/2018 & 284/Asr/2017 Assessment Year: 2006-07

b) The land sold was appurtenant to the feed mill, and not, as stated, not appurtenant thereto, so that the capital gain could not be separately computed. Qua the first issue, the ld. CIT(A) held that the issue being now raised was not the subject matter of appeal and, consequently, not adjudicated u/s. 250 in the first instance

M/S EMBROCIA FARMS PVT LTD. ,PATHANKOT vs. D.C.I.T, CIRCLE-6,, PATHANKOT

In the result, the assessee’s appeal is (in ITA No

Bench: Sh. Sanjay Arorai.T.A. Nos. 561/Asr/2018 & 284/Asr/2017 Assessment Year: 2006-07

b) The land sold was appurtenant to the feed mill, and not, as stated, not appurtenant thereto, so that the capital gain could not be separately computed. Qua the first issue, the ld. CIT(A) held that the issue being now raised was not the subject matter of appeal and, consequently, not adjudicated u/s. 250 in the first instance

M/S. JAMMU DEVELOPMENT AUTHORITY,,JAMMU ( J&K) vs. THE DEPUTY COMMISSIONER OF INCOME TAX, JAMMU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the department is dismissed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 498/Asr./2013 : Asstt. Year : 2005-06 Jammu Development Authority, Vs Dy. Commissioner Of Income Vikas Bhawan, Rail Head Tax, Circle-I, Complex, Jammu, J & K Jammu (Appellant) (Respondent) Pan No. Aadfj7335A Ita No. 494/Asr./2013 : Asstt. Year : 2005-06 Dy. Commissioner Of Income Vs Jammu Development Authority, Tax, Circle-I, Vikas Bhawan, Rail Head Jammu Complex, Jammu, J & K (Appellant) (Respondent) Pan No. Aabcp1720E Assessee By : Shri. R. K. Gupta, Ca & Shri. Vasu Gupta, Ca Revenue By : Shri. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 22.03.2019 Order Per N. S. Saini: These Are The Cross Appeals Filed By The Assessee & Revenue Against The Order Of Commissioner Of Income Tax (Appeals) Dated 06.05.2013, Jammu.

gains u/s 45 of the Act two amounts are necessary. Those are amount of sale consideration and amount of cost. 37. In the instant case, the cost to the assessee of the said nazul land was Nil and the cost to its predecessor which is State Government is not ascertainable. Therefore, the computation provision fails in the instant case

THE DEPUTY COMMISSIONER OF INCOME TAX, JAMMU vs. M/S. JAMMU DEVELPMENT AUTHORITY,, JAMMU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the department is dismissed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 498/Asr./2013 : Asstt. Year : 2005-06 Jammu Development Authority, Vs Dy. Commissioner Of Income Vikas Bhawan, Rail Head Tax, Circle-I, Complex, Jammu, J & K Jammu (Appellant) (Respondent) Pan No. Aadfj7335A Ita No. 494/Asr./2013 : Asstt. Year : 2005-06 Dy. Commissioner Of Income Vs Jammu Development Authority, Tax, Circle-I, Vikas Bhawan, Rail Head Jammu Complex, Jammu, J & K (Appellant) (Respondent) Pan No. Aabcp1720E Assessee By : Shri. R. K. Gupta, Ca & Shri. Vasu Gupta, Ca Revenue By : Shri. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 22.03.2019 Order Per N. S. Saini: These Are The Cross Appeals Filed By The Assessee & Revenue Against The Order Of Commissioner Of Income Tax (Appeals) Dated 06.05.2013, Jammu.

gains u/s 45 of the Act two amounts are necessary. Those are amount of sale consideration and amount of cost. 37. In the instant case, the cost to the assessee of the said nazul land was Nil and the cost to its predecessor which is State Government is not ascertainable. Therefore, the computation provision fails in the instant case

M/S BLUE CITY TOWNSHIP & COLONIZERS,AMRITSAR. vs. THE INCOME TAX OFFICER,, AMRITSAR.

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

1), any profit or gain arising from 12 I.T.A. No. 90/Asr/2017 Blue City Township & Colonizers v. ITO transfer of capital assets affected in a previous year was chargeable to tax under the head of ’Capital Gains' as income of the previous year when the transfer took place, i.e., 1964. Therefore, the assessee was liable to pay additional