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

9 ITA No. 26/Asr/2024 Rama Mittal v. ITO court where adjudicating the matter on Section 69A, read with section 10(38), of the Income-tax Act, 1961 - Unexplained moneys (Share dealings) - High Court by impugned order held that where Assessing Officer disallowed exemption claimed by assessee under section 10(38) and made additions, alleging involvement in penny stock which were

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

section 96 of RFCTLARR Act, 2013 cannot be given to the appellant. Ranjeet Singhv. ITO & Ors. 4. The Ld.CIT(A)NFAC has erred on facts and law in rejecting the claim of exemption of the assessee from Long Term Capital Gains, arising from Compulsory Acquisition of Land under National Highway Act, 1956, while relying on the order of Agra Bench

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

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

section 41 (2) of the Income Tax Act, 1961. As per reasons recorded, the plant and machinery of the assessee was sold at Rs. 20,00,000/- whereas the cost as per records was Rs. 1,60,000/. Hence, the assessment was made by the then AO at Rs. 18,40,000/- being Long Term Capital Gain arised on account

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

MR.VISHAL BATRA,`LUDHIANA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, LUDHIANA

In the result, the appeal of the assessee is dismissed

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

Section 24 of the IT Act, 1961 under the head 'income from house property'. In view of that matter, there 8 Vishal Batrav. Dy. CIT being a clear provision providing for deduction of the interest amount out of rental income, and there being no provision for deduction of this amount out of capital gains, the claim of the assessee regarding

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 gains if any, in AY 2006-07. Hon'ble Supreme Court has categorically held in a number of cases that order has to be read as a whole and there cannot be a selective reading of I.T.A. No. 356/Asr/2017 9 Assessment Year: 2006-07 certain portion of the order." Thereafter, in para 4.6, he has upheld the assessment

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

9. He further placed reliance on the Judgment in the case of the Jurisdictional Hon’ble Punjab & Haryana High Court in the case of CIT Amrit Lal Batra v. Addl./Dy.CIT vs S.K Kaintal as reported in 23 DTR 68 (P&H HC) is worth to mention here wherein it was held as under: “Where the assessee sold its agricultural

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

9. He further placed reliance on the Judgment in the case of the Jurisdictional Hon’ble Punjab & Haryana High Court in the case of CIT Amrit Lal Batra v. Addl./Dy.CIT vs S.K Kaintal as reported in 23 DTR 68 (P&H HC) is worth to mention here wherein it was held as under: “Where the assessee sold its agricultural

MR RUDER MANI WALIA,JALANDHAR vs. INCOME TAX OFFICER WARD-2 (3), JALANDHAR

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

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.257/Asr/2022 Assessment Year: 2017-18

gains is that of the LIC maturity proceeds only. 6.2) Tax treatment of “any sum received under a Life Insurance Policy”: It is important to note that section 10(10D) and section 194DA deals with “any sum received under a Life Insurance Policy” and “Payment in respect of Life Insurance Policy” respectively. Incomes not included in total income

HARBANS SINGH,P.O. KHERA DONA vs. INCOME TAX OFFICER, BSNL EXCHANGE COLONY

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

Bench: Dr. M. L. Meena & Sh. Udayan Dasgupta

section 10(37) of the Act if the land compulsorily acquired is agricultural land. The ld. AR of the assessee prayed that the interest amount received may be treated as accruals to the principal compensation and be classified as capital gains which will be qualified for deduction u/s 10(37). 4 I.T.A. No. 236/Asr/2024 Assessment Year: 2017-18 9

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

In the result, the appeal filed by assessee is allowed

capital gain\n(LTCG) to claim exemption under section 10 (38) was based on a proposal given by\nAssessing Officer, exercise of jurisdiction under section 263 was not justified - Held, yes\n[Paras 8 and 9

INCOME TAX OFFICER WARD-1 , HOSHIAPUR vs. SHRI HARPINDER SINGH GILL , HOSHIARPUR

In the result, the appeal of the Revenue is dismissed

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

capital gain claimed by the assessee as exempt income under RFCTLAAR Act on the basis that the circumstances in which the appellant has purchased the land as highlighted by the AO in his order are not relevant to decide on the issue of taxability of the award as soon as the award satisfies the condition mandated under section

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

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. 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

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

9 A.Ys. 2014-15 & 2015-16 I.T.A. Nos.32 to 35/Asr/2019 10 A.Ys. 2014-15 & 2015-16 I.T.A. Nos.32 to 35/Asr/2019 11 A.Ys. 2014-15 & 2015-16 I.T.A. Nos.32 to 35/Asr/2019 12 A.Ys. 2014-15 & 2015-16 I.T.A. Nos.32 to 35/Asr/2019 13 A.Ys. 2014-15 & 2015-16 7. The ld. DR vehemently argued and relied on the order of the revenue

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

9 A.Ys. 2014-15 & 2015-16 I.T.A. Nos.32 to 35/Asr/2019 10 A.Ys. 2014-15 & 2015-16 I.T.A. Nos.32 to 35/Asr/2019 11 A.Ys. 2014-15 & 2015-16 I.T.A. Nos.32 to 35/Asr/2019 12 A.Ys. 2014-15 & 2015-16 I.T.A. Nos.32 to 35/Asr/2019 13 A.Ys. 2014-15 & 2015-16 7. The ld. DR vehemently argued and relied on the order of the revenue