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

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

section 45(3) of the Income Tax Act, 1961 because no real income arose/received or accrued to the assessee on account of transfer of land as capital contribution to the partnership firm. 6. The Ld. CIT(A) erred on facts & law in confirming the action of the AO in assessing the Long Term Capital gains

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

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

section 45(3) of the Income Tax Act, 1961 because no real income arose/received or accrued to the assessee on account of transfer of land as capital contribution to the partnership firm. 6. The Ld. CIT(A) erred on facts & law in confirming the action of the AO in assessing the Long Term Capital gains

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

INCOME TAX OFFICER, WARD-2 , PHAGWARA vs. SH. SUCHA SINGH, PHILLAUR

In the result, the appeal of the Revenue is partly allowed

Bench: Shrilaliet Kumar & Dr. Mitha Lal Meena

gain tax on the compensation amount received by the assessee on the land that was not under cultivation. Undoubtedly, the Land other than 8 kanal 30 marlas was the capital asset within the meaning of section 2 (14)(iii) read with section 10(37) r/w section 45

SMT. INDERMEET BAINS W/O SH. D.S. BAINS,BATHINDA vs. PR. COMMISSIONER OF INCOME TAX , BATHINDA

The appeal of the assessee is disposed of in the term indicated as above

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

capital accretion and not profit derived from an adventure in the nature of trade. 20. In another case of ‘Janab Abubucker Salt Vs. CIT’, (1962) 45 ITR 37- (Madras HC), the Hon'ble High Court held that- "One of the essential elements in an adventure in the nature of trade is the intention to trade; that intention must be present

SH. RAGHUNATH SAHAI PURI(DECD),PATHANKOT vs. THE DEPTY COMMISSIONER OF INCOME TAX, PATHANKOT

In the result, the appeal of the assessee is partly allowed

Bench: Sh. N. K. Choudhry & Sh. O. P. Meenai.T.A. No. 633/Asr/2014 Assessment Year: 2007-08

capital gain arising out of the transaction, by virtue of which he has transferred his share in the property of M/s. Defence Services Co-op. House Building Society Ltd., Mohali to M/s. Hash Builders Pvt. Ltd., Chandigarh and M/s. Tata Housing Development Company Ltd., Mumbai on 27.04.2007 for a total consideration of Rs.1,81,25,000/- including the value

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 is not a charging section under the IT Act and there is no sale either..." ignoring the fact that the addition had been made by the AG on account of increase in capital under the head "undisclosed sources due to enhanced value adopted in the balance sheet of inherited properties on which no tax or reasons for adopting enhanced

INCOME TAX OFFICER WARD-2 (2), MUKTSAR vs. AJAIB SINGH, VILLAGE BHARU

In the result, the appeal of the revenue is dismissed

Bench: Sh. Udayan Dasgupta & Sh. Krinwant Sahay(Hybrid Hearing) I.T.A. No. 354/Asr/2024 Assessment Year: 2012-13

capital gains on such sale as per provision of section 54B(1)(ii). He further relied on the judgment of jurisdictional High Court in the case of CIT vs. Gurnam Singh in ITA 616/2007 order dated 01/04/2008 reported in 327 ITR 278 where it has been held by the Hon’ble Court that purchase of another piece of land

THE INCOME-TAX OFFICER, MUKTSAR vs. M/S. MAKKAR COTTON MILLS,, MUKTSAR

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.504/Asr/2014 Assessment Year: 2006-07

capital gain as per provisions of Section 48 of Income tax Act, 1961 by taking the deemed value of consideration of property, as per registered deeds, as done by the AO in the assessment made in the case of persons/partners who sold the land on behalf of M/s Makkar Cotton Mills, Bariwala. (iii) The appellant craves leave

SMT. AMITA NARANG,DELHI vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, the assessee’s appeal is dismissed

Bench: Sh. Sanjay Arorai.T.A. No. 385/Asr/2016 Assessment Year: 2007-08

Section 48, which provides the manner of computation of capital gains chargeable u/s. 45 of the Act, reads as under

BHUPENDRA FLOUR MILLS PVT LTD,BATHINDA vs. ITO, WARD 1(1), BATHINDA, BATHINDA

The appeal stands partly allowed in terms of out above order

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Shri Udayandasgupta, Jm आयकरअपीलसं. / Ita No.54/Asr/2025 (िनधा"रणवष" / Assessment Year: 2017-18) M/S Bhupendra Flour Mills Pvt Ltd. Ito Ward - 1(1) बनाम/ Railway Road Central Revenue Building Bhatinda, Punjab – 151001 Civil Lines, Bhatinda Vs. Punjab - 151001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccb-6192-P (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Advocate) - Ld. Ar " थ"कीओरसे/Respondent By : Sh. Farhat Khan (Cit) – Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 05-02-2026 घोषणाकीतारीख /Date Of Pronouncement 20.02.2026 : आदेश / O R D E R

capital gains. (iv) A conjoint reading of Section 2(24), Section 2(28A), Section 4, Section 10(37), Section 14, Section 45

THE INCOME-TAX OFFICER, SRINAGAR vs. M/S. ALI SHAH,, SRINAGAR

In the result, the appeal is allowed for statistical purposes

Bench: Shri R.S. Syal & Shri N.K. Choudhryassessment Year : 2006-07

capital gain by invoking the provisions of section 45(4) of the Income-tax Act, 1961 (hereinafter called `the Act’). The Ld. CIT(A) allowed

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

Capital gains income = Rs. 10,00,000/ In response the counsels of the assessee have failed to furnish any reply/explanation in this regard and accordingly it was explained to them that provisions of section 45

MAX FINANCIAL SERVICE LIMITED ,NAWANSHAHR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JALANDHAR

In the result, the appeal of the assessee is therefore partly allowed

gains of business” as against “income from house property” and consequential claim of depredation under section 32 of the Act, being supported by various decisions of the High Courts could not have been termed as erroneous. 9. Without prejudice to the above, the PCIT failed to appreciate that business expenditure as claimed by the Appellant for the purposes of carrying

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, had applied a rate of Rs. 19000/- per kanal and there is no basis for application of this rate of Rs. 19000/- . It was submitted that this issue of adoption of rate as on 1.4.1981 of the land situated at Village Bhokhra is now settled with regard to the application rate of 1.4.1981 by the department, because

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, had applied a rate of Rs. 19000/- per kanal and there is no basis for application of this rate of Rs. 19000/- . It was submitted that this issue of adoption of rate as on 1.4.1981 of the land situated at Village Bhokhra is now settled with regard to the application rate of 1.4.1981 by the department, because

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, had applied a rate of Rs. 19000/- per kanal and there is no basis for application of this rate of Rs. 19000/- . It was submitted that this issue of adoption of rate as on 1.4.1981 of the land situated at Village Bhokhra is now settled with regard to the application rate of 1.4.1981 by the department, because