PARAS AND SHUBHAM CHAUDHARY LEGAL HEIR OF KANHAIYA LAL,PANCHKULA vs. ITO, WARD 2, PANCHKULA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

23(2) whereas Section 28 is available in respect of the entire compensation. It was held by the Constitution Bench of the Supreme Court in Sunder v. Union of India - (2001) 7 SCC 211, that "indeed the language of Section 28 does not even remotely refer to market value alone and in terms it talks of compensation

SURESH KUMAR,YAMUNANAGAR vs. ITO, W-4, YAMUNANAGAR

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

23(2) whereas Section 28 is available in respect of the entire compensation. It was held by the Constitution Bench of the Supreme Court in Sunder v. Union of India - (2001) 7 SCC 211, that "indeed the language of Section 28 does not even remotely refer to market value alone and in terms it talks of compensation

RANJIT SINGH,PANCHKULA vs. DEPUTY DIRECTOR, CPC DEPARTMENT

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

capital gains computation in either the original or revised return to demonstrate the applicability of section 10(37). It was held that exemption under section 10(37) cannot be presumed and must be reflected through proper computation, which was lacking in the present case. The Ld. CIT(A) also echoed the AO’s view that filing a revised return

BALBIR KUMAR HUF,CHANDIGARH vs. ITO , CHANDIGARH

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

capital gains computation in either the original or revised return to demonstrate the applicability of section 10(37). It was held that exemption under section 10(37) cannot be presumed and must be reflected through proper computation, which was lacking in the present case. The Ld. CIT(A) also echoed the AO’s view that filing a revised return

SMT. SHANKRI DEVI,PANCHKULA vs. ACIT, PANCKULA CIRCLE, PANCHKULA

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

capital gains computation in either the original or revised return to demonstrate the applicability of section 10(37). It was held that exemption under section 10(37) cannot be presumed and must be reflected through proper computation, which was lacking in the present case. The Ld. CIT(A) also echoed the AO’s view that filing a revised return

SAROJ CHAUDHARY BALA,PANCHKULA vs. ITO, WARD-4, PANCHKULA

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

capital gains computation in either the original or revised return to demonstrate the applicability of section 10(37). It was held that exemption under section 10(37) cannot be presumed and must be reflected through proper computation, which was lacking in the present case. The Ld. CIT(A) also echoed the AO’s view that filing a revised return

PAWAN KUMAR,FATEHABAD vs. INCOME TAX OFFICER WARD-1, FATEHABAD

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

capital gains computation in either the original or revised return to demonstrate the applicability of section 10(37). It was held that exemption under section 10(37) cannot be presumed and must be reflected through proper computation, which was lacking in the present case. The Ld. CIT(A) also echoed the AO’s view that filing a revised return

ARJESH KUMAR,PATIALA vs. ITO NATIONAL E-ASSESSMENT CENTRE , DELHI

capital gains computation in either the original or revised return to demonstrate the applicability of section 10(37). It was held that exemption under section 10(37) cannot be presumed and must be reflected through proper computation, which was lacking in the present case. The Ld. CIT(A) also echoed the AO’s view that filing a revised return

SH. AMARDEEP SINGH ATHWAL,YAMUNANAGAR vs. ITO, WARD-1, YAMUNANAGAR

Bench: BEFORE: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

capital gains computation in either the original or revised return to demonstrate the applicability of section 10(37). It was held that exemption under section 10(37) cannot be presumed and must be reflected through proper computation, which was lacking in the present case. The Ld. CIT(A) also echoed the AO’s view that filing a revised return

SH. AMARDEEP SINGH ATHWAL,YAMUNANAGAR vs. ITO, WARD-1, YAMUNANAGAR

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

capital gains computation in either the original or revised return to demonstrate the applicability of section 10(37). It was held that exemption under section 10(37) cannot be presumed and must be reflected through proper computation, which was lacking in the present case. The Ld. CIT(A) also echoed the AO’s view that filing a revised return

INCOME TAX OFFICER, FATEHABAD vs. MAHESH NAGPAL, FATEHABAD

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

capital gains computation in either the original or revised return to demonstrate the applicability of section 10(37). It was held that exemption under section 10(37) cannot be presumed and must be reflected through proper computation, which was lacking in the present case. The Ld. CIT(A) also echoed the AO’s view that filing a revised return

SHRI KRISHAN KUMAR JALAN,BANGALORE vs. ITO, W-1, SIRSA

In the result appeal of the assessee is dismissed

Capital gain tax was created to operate in a real world\nand not that of make belief. Facts of the case only lead to the inference that\nthese transactions are not genuine and make believe only to offset the loss\nincurred on the sale of jewellery declared under VDIS. In the totality of facts and\ncircumstances of this case

M/S SANJAY SINGAL HUF,CHANDIGARH vs. DCIT, CC-1, CHANDIGARH

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

section 69A are squarely applicable to the facts of the present case. The appellant has been found owner of money lying in his bank account, source and nature of which could not be explained satisfactorily. Further, it is hereby mentioned that power of the CIT (A) are co-terminus with the AO. It has been held by Hon'ble Supreme

SANJAY SINGAL,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CC-1, CHANDIGARH

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

section 69A are squarely applicable to the facts of the present case. The appellant has been found owner of money lying in his bank account, source and nature of which could not be explained satisfactorily. Further, it is hereby mentioned that power of the CIT (A) are co-terminus with the AO. It has been held by Hon'ble Supreme

NARENDER KAUR,KURUKSHETRA, HARYANA vs. INCOME TAX OFFICER WARD-1 , KURUKSHETRA

gains arising from\ncompulsory acquisition of agricultural land and does not extend to interest\nreceived on delayed payment of compensation.\n8. The appellate authority / CIT(A) further concurred with the AO's\nanalysis that section 145B(1) read with section 56(2)(viii) provides a specific\nstatutory mandate to treat interest received on compensation or enhanced\ncompensation as taxable

BALVINDER SINGH,FATEHABAD vs. ITO WARD-1, FATEHABAD

gains arising from\ncompulsory acquisition of agricultural land and does not extend to interest\nreceived on delayed payment of compensation.\n8. The appellate authority / CIT(A) further concurred with the AO's\nanalysis that section 145B(1) read with section 56(2)(viii) provides a specific\nstatutory mandate to treat interest received on compensation or enhanced\ncompensation as taxable

SH. HAKAM SINGH,PATIALA vs. INCOME TAX OFFICER, WARD-4, PATIALA

gains arising from\ncompulsory acquisition of agricultural land and does not extend to interest\nreceived on delayed payment of compensation.\n8. The appellate authority / CIT(A) further concurred with the AO's\nanalysis that section 145B(1) read with section 56(2)(viii) provides a specific\nstatutory mandate to treat interest received on compensation or enhanced\ncompensation as taxable

BALJEET KAUR,NADI MOHALLA AMBALA CITY vs. ITO WARD 1, AMBALA, AMBALA

gains arising from\ncompulsory acquisition of agricultural land and does not extend to interest\nreceived on delayed payment of compensation.\n8. The appellate authority / CIT(A) further concurred with the AO's\nanalysis that section 145B(1) read with section 56(2)(viii) provides a specific\nstatutory mandate to treat interest received on compensation or enhanced\ncompensation as taxable