DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

271(l)(c) fail, there being no tax sought to be evaded, penalty there under cannot be levied either, as the said provision is rendered unworkable. 4.7 Para 8 of the above referred judgment of the Hon'ble Apex is reproduced as under:- “Section 45 charges the profits or gains arising from the transfer of a capital

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

271(l)(c) fail, there being no tax sought to be evaded, penalty there under cannot be levied either, as the said provision is rendered unworkable. 4.7 Para 8 of the above referred judgment of the Hon'ble Apex is reproduced as under:- “Section 45 charges the profits or gains arising from the transfer of a capital

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

271(l)(c) fail, there being no tax sought to be evaded, penalty there under cannot be levied either, as the said provision is rendered unworkable. 4.7 Para 8 of the above referred judgment of the Hon'ble Apex is reproduced as under:- “Section 45 charges the profits or gains arising from the transfer of a capital

DCIT, CHANDIGARH vs. SMT. MANJIT KAUR, CHANDIGARH

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

271(l)(c) fail, there being no tax sought to be evaded, penalty there under cannot be levied either, as the said provision is rendered unworkable. 4.7 Para 8 of the above referred judgment of the Hon'ble Apex is reproduced as under:- “Section 45 charges the profits or gains arising from the transfer of a capital

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

271(l)(c) fail, there being no tax sought to be evaded, penalty there under cannot be levied either, as the said provision is rendered unworkable. 4.7 Para 8 of the above referred judgment of the Hon'ble Apex is reproduced as under:- “Section 45 charges the profits or gains arising from the transfer of a capital

SOHAN SINGH GARCHA,LUDHIANA vs. ACIT, LUDHIANA

In the result, this appeal of the assessee is hereby allowed

Bench: Shri Sanjay Garg & Ms. Annapurna Guptac.O. No. 39/Chd/2012 (In Ita No. 973/Chd/2012) "नधा"रणवष" / Assessment Years : 2006-07 Shri Sohan Lal Garcha, Vs. The Dcit, 901/2, Punjab Mata Natar, Circle Vi, बनाम Ludhiana Ludhiana

271 (1)(c) of the Act, at this stage, has no legs to stand and the same is accordingly ordered to be deleted. However, the Assessing Officer will be at liberty to initiate the same, if he deem so fit, in the light of the decision arrived at in the set aside issue on quantum addition on account of capital

SHRI PARDEEP KUMAR JAIN,ZIRAKPUR vs. ITO, W-2(3), CHANDIGARH

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

Bench: Shri Sanjay Garg & Ms. Annapurna Guptaआयकरअपीलसं./Ita No. 190/Chd/2019 "नधा"रणवष" / Assessment Year : 2012-13 Shri Pradeep Kumar Jain, The Ito, Ward 2(3), बनाम Chandigarh Flat No.222, Orbit Apartments, 6Th Floor, Zirakpur "थायीलेखासं./Pan No: Advpj6719P अपीलाथ"/Appellant ""यथ"/Respondent

271 (1)(c) of the Income Tax Act, 1961, that the assessee came to know about the passing of the appellate order. Thereafter, the assessee applied for certifiedof the order of the CIT(A) which was provided to him on 20.2.2019 and the appeal was filed immediately within the period of limitation. The above averments made by the assessee

SH. JAGMOHAN SINGH,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, the appeal of the assessee is allowed

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member)

capital gains”. Separately, penalty proceedings under section 271(1)(c) were initiated for furnishing inaccurate particulars of income resulting in concealment

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

capital gain will be taxable upon the assessee. However, the compensation has been received by the assessee after incorporation of Section 10(37) of the Act, hence, assessee is entitled for the benefit of this Section and the alleged interest received by him u/s 28 of the Land Acquisition Act, 1894, which are treated at par with the enhanced compensation

SH. PARMINDER SINGH MAVI,MORINDA vs. ITO, ROPAR

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

section 45 of the Act as per which it was chargeable to tax in the capital gains earned by taking in to consideration both the cash as well as kind component of the consideration. He accordingly computed Long Term Capital Gain earned by the assessee at Rs.1,79,13,228/- and added the same to the income of the assessee

SH. PARAM PAUL SINGH,CHANDIGARH vs. DCIT (INTL. TAXATION), CIRCLE, CHANDIGARH

Appeal is partly allowed for statistical purposes in above terms

Bench: Shri N.K. Saini, Vice- & Shri S.S.Godara, Judicialmember Assessment Year:2009-10

271(1)(c) will also be initiated for concealing and furnishing inaccurate particulars of income. Sale consideration Rs.70,27,3360/- Purchase cost/indexed cost (25.01.1995) Rs. 6,95,198/- Rs.3,09,375 x 582 63,32,162/- 259 Exemption u/s 54 Rs.12,96,000 allowable Long Term Capital Gain Rs.50,36,162/- 5. As per statement of bank account No.04093000250014 placed

M/S GANESH DASS HUF,SIRSA vs. PCIT, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

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

capital receipt’ in the return of income, keeping in view the Apex Court decision in CIT vs Ghanshyam Dass HUF (2009) 315 ITR SC. Photocopies of certificate issued by Land Acquisition officer confirming that interest has been awarded u/s 28 of the Land Acquisition Act were enclosed as under: Certificat Issuing Amount Paper e No Authority book Page

SH. KASHMIR SINGH SANDHA,SIRSA vs. PCIT, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

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

capital receipt’ in the return of income, keeping in view the Apex Court decision in CIT vs Ghanshyam Dass HUF (2009) 315 ITR SC. Photocopies of certificate issued by Land Acquisition officer confirming that interest has been awarded u/s 28 of the Land Acquisition Act were enclosed as under: Certificat Issuing Amount Paper e No Authority book Page

SH. RANDHIR SINGH,SIRSA vs. PCIT ROHTAK, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

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

capital receipt’ in the return of income, keeping in view the Apex Court decision in CIT vs Ghanshyam Dass HUF (2009) 315 ITR SC. Photocopies of certificate issued by Land Acquisition officer confirming that interest has been awarded u/s 28 of the Land Acquisition Act were enclosed as under: Certificat Issuing Amount Paper e No Authority book Page

SH. PARAMJEET SINGH,SIRSA vs. PCIT, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

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

capital receipt’ in the return of income, keeping in view the Apex Court decision in CIT vs Ghanshyam Dass HUF (2009) 315 ITR SC. Photocopies of certificate issued by Land Acquisition officer confirming that interest has been awarded u/s 28 of the Land Acquisition Act were enclosed as under: Certificat Issuing Amount Paper e No Authority book Page

SH. ARVAIL SINGH,SIRSA vs. PCIT, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

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

capital receipt’ in the return of income, keeping in view the Apex Court decision in CIT vs Ghanshyam Dass HUF (2009) 315 ITR SC. Photocopies of certificate issued by Land Acquisition officer confirming that interest has been awarded u/s 28 of the Land Acquisition Act were enclosed as under: Certificat Issuing Amount Paper e No Authority book Page

DHUNI CHAND HUF,SIRSA vs. PCIT, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

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

capital receipt’ in the return of income, keeping in view the Apex Court decision in CIT vs Ghanshyam Dass HUF (2009) 315 ITR SC. Photocopies of certificate issued by Land Acquisition officer confirming that interest has been awarded u/s 28 of the Land Acquisition Act were enclosed as under: Certificat Issuing Amount Paper e No Authority book Page

SURJEET SINGH,SIRSA vs. PCIT, ROHTAK, ROHTAK

In the result, all the above appeals filed by the respective assessee’s are dismissed

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

capital receipt’ in the return of income, keeping in view the Apex Court decision in CIT vs Ghanshyam Dass HUF (2009) 315 ITR SC. Photocopies of certificate issued by Land Acquisition officer confirming that interest has been awarded u/s 28 of the Land Acquisition Act were enclosed as under: Certificat Issuing Amount Paper e No Authority book Page