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 asset to income

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 asset to income

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 asset to income

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 asset to income

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 asset to income

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. 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

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. SATPAL GOSAIN,LUDHIANA vs. ACIT, LUDHIANA

The appeal of the assessee is partly allowed

1. That the Ld. C1T(Appeals) grossly erred in facts and on law, in confirming the levy of penalty, as imposed by the Ld. A.O. U/S 271(l)(c) of the Income-tax Act, 1961 for alleged non- disclosure of long term capital gains. 2. That the assessee had declared long-term capital gains in his return filed

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. 2. It is pertinent to mention here that the appeals of the Revenue bearing ITA No. 973/Chd/2012 relevant to the assessment year 2006-07 and ITA No. 1330/Chd/2012 relating to assessment year 2006-07 have been dismissed vide common order dated 22.11.2016 on the ground of low tax effect. C.O.No. 39-c

ITO, LUDHIANA vs. SH. CHARANJIT SINGH ATWAL, LUDHIANA

In the result, the penalty of the assessee is hereby allowed and that of the Revenue is dismissed

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarassessment Year : 2007-08 Sh. Charanjit Singh Atwal, Vs. The Ito, Ward 6(1), 484-A, Model Town Extension, Ludhiana Ludhiana

271(1)(c) of the Income-tax Act, 1961 (in short 'the Act') whereas Revenue is aggrieved by the action of the CIT(A) in deleting the remaining part of penalty. 3. The society consisted of 95 members and was the owner of 21.2 acres, of which 500 square yards plots were held by 65 members, 1000 square yards plots

SH. CHARANJIT SINGH ATWAL,LUDHIANA vs. ITO, LUDHIANA

In the result, the penalty of the assessee is hereby allowed and that of the Revenue is dismissed

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarassessment Year : 2007-08 Sh. Charanjit Singh Atwal, Vs. The Ito, Ward 6(1), 484-A, Model Town Extension, Ludhiana Ludhiana

271(1)(c) of the Income-tax Act, 1961 (in short 'the Act') whereas Revenue is aggrieved by the action of the CIT(A) in deleting the remaining part of penalty. 3. The society consisted of 95 members and was the owner of 21.2 acres, of which 500 square yards plots were held by 65 members, 1000 square yards plots

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

c) because the right to receive payment under the 1894 Act is not in doubt. It is important to note that compensation, including enhanced compensation/consideration under the 1894 Act, is based on the full value of property as on date of notification under Section 4 of that Act. When the Court/Tribunal directs payment of enhanced compensation under Section

SMT. RENU GARG,LUDHIANA vs. ITO, W-7(3), LUDHIANA

In the result, appeal of the Assessee is allowed

section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘Act’). 4. During the course of hearing the Ld. Counsel for the Assessee at the very outset stated that the similar issue having identical facts was involved in the case of Smt Neelu Garg Sister in law of the assessee, the facts are identical in both

ACIT,CIRCLE--2(1), CHANDIGARH vs. CSJ INFRASTRUCTURE PVT.LTD, CHANDIGARH

In the result, both the appeals of the assessee are allowed and that of the Revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 131,132 /Chd/2020 "नधा"रण वष" / A.Y.: 2014-15, 2015-16, M/S Csj Infrastructure Pvt.Ltd., The Acit, C/O C.A. Ajay Kumar Jain, Vs Circle 2(1), Sco 80-81, 4Th Floor, Sector 17-C, Chandigarh. Chandigarh. "थायी लेखा सं./Pan No: Aaccc8021G अपीलाथ"/Appellant ""यथ"/Respondent आयकर अपील सं./ Ita No. 146, 147/Chd/2020 "नधा"रण वष" / A.Y.: 2014-15, 2015-16, The Acit, Vs M/S Csj Infrastructure Pvt. Ltd., Circle 2(1), C/O C.A. Ajay Kumar Jain, Chandigarh. Sco 80-81, 4Th Floor, Sector 17-C, Chandigarh. "थायी लेखा सं./Pan No: Aaccc8021G अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Ajay Jain, Ca Revenue By : Shri Manav Bansal, Cit, Dr Date Of Hearing : 19.05.2025 Date Of Pronouncement : 28.05.2025 Physical Hearing O R D E R

C, Chandigarh. "थायी लेखा सं./PAN NO: AACCC8021G अपीलाथ"/Appellant ""यथ"/Respondent Assessee by : Shri Ajay Jain, CA Revenue by : Shri Manav Bansal, CIT, DR Date of Hearing : 19.05.2025 Date of Pronouncement : 28.05.2025 PHYSICAL HEARING O R D E R PER RAJPAL YADAV, VP The ld. CIT(A)-I Chandigarh has decided two appeals of the assessee for assessment year

CSJ INFRASTRUCTURE PVT.LTD,CHANDIGARH vs. ACIT,CIRCLE--2(1), CHANDIGARH

In the result, both the appeals of the assessee are allowed and that of the Revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 131,132 /Chd/2020 "नधा"रण वष" / A.Y.: 2014-15, 2015-16, M/S Csj Infrastructure Pvt.Ltd., The Acit, C/O C.A. Ajay Kumar Jain, Vs Circle 2(1), Sco 80-81, 4Th Floor, Sector 17-C, Chandigarh. Chandigarh. "थायी लेखा सं./Pan No: Aaccc8021G अपीलाथ"/Appellant ""यथ"/Respondent आयकर अपील सं./ Ita No. 146, 147/Chd/2020 "नधा"रण वष" / A.Y.: 2014-15, 2015-16, The Acit, Vs M/S Csj Infrastructure Pvt. Ltd., Circle 2(1), C/O C.A. Ajay Kumar Jain, Chandigarh. Sco 80-81, 4Th Floor, Sector 17-C, Chandigarh. "थायी लेखा सं./Pan No: Aaccc8021G अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Ajay Jain, Ca Revenue By : Shri Manav Bansal, Cit, Dr Date Of Hearing : 19.05.2025 Date Of Pronouncement : 28.05.2025 Physical Hearing O R D E R

C, Chandigarh. "थायी लेखा सं./PAN NO: AACCC8021G अपीलाथ"/Appellant ""यथ"/Respondent Assessee by : Shri Ajay Jain, CA Revenue by : Shri Manav Bansal, CIT, DR Date of Hearing : 19.05.2025 Date of Pronouncement : 28.05.2025 PHYSICAL HEARING O R D E R PER RAJPAL YADAV, VP The ld. CIT(A)-I Chandigarh has decided two appeals of the assessee for assessment year

CSJ INFRASTRUCTURE PVT.LTD,CHANDIGARH vs. ACIT,CIRCLE--2(1), CHANDIGARH

In the result, both the appeals of the assessee are allowed and that of the Revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 131,132 /Chd/2020 "नधा"रण वष" / A.Y.: 2014-15, 2015-16, M/S Csj Infrastructure Pvt.Ltd., The Acit, C/O C.A. Ajay Kumar Jain, Vs Circle 2(1), Sco 80-81, 4Th Floor, Sector 17-C, Chandigarh. Chandigarh. "थायी लेखा सं./Pan No: Aaccc8021G अपीलाथ"/Appellant ""यथ"/Respondent आयकर अपील सं./ Ita No. 146, 147/Chd/2020 "नधा"रण वष" / A.Y.: 2014-15, 2015-16, The Acit, Vs M/S Csj Infrastructure Pvt. Ltd., Circle 2(1), C/O C.A. Ajay Kumar Jain, Chandigarh. Sco 80-81, 4Th Floor, Sector 17-C, Chandigarh. "थायी लेखा सं./Pan No: Aaccc8021G अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Ajay Jain, Ca Revenue By : Shri Manav Bansal, Cit, Dr Date Of Hearing : 19.05.2025 Date Of Pronouncement : 28.05.2025 Physical Hearing O R D E R

C, Chandigarh. "थायी लेखा सं./PAN NO: AACCC8021G अपीलाथ"/Appellant ""यथ"/Respondent Assessee by : Shri Ajay Jain, CA Revenue by : Shri Manav Bansal, CIT, DR Date of Hearing : 19.05.2025 Date of Pronouncement : 28.05.2025 PHYSICAL HEARING O R D E R PER RAJPAL YADAV, VP The ld. CIT(A)-I Chandigarh has decided two appeals of the assessee for assessment year

ACIT,CIRCLE--2(1), CHANDIGARH vs. CSJ INFRASTRUCTURE PVT.LTD, CHANDIGARH

In the result, both the appeals of the assessee are allowed and that of the Revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 131,132 /Chd/2020 "नधा"रण वष" / A.Y.: 2014-15, 2015-16, M/S Csj Infrastructure Pvt.Ltd., The Acit, C/O C.A. Ajay Kumar Jain, Vs Circle 2(1), Sco 80-81, 4Th Floor, Sector 17-C, Chandigarh. Chandigarh. "थायी लेखा सं./Pan No: Aaccc8021G अपीलाथ"/Appellant ""यथ"/Respondent आयकर अपील सं./ Ita No. 146, 147/Chd/2020 "नधा"रण वष" / A.Y.: 2014-15, 2015-16, The Acit, Vs M/S Csj Infrastructure Pvt. Ltd., Circle 2(1), C/O C.A. Ajay Kumar Jain, Chandigarh. Sco 80-81, 4Th Floor, Sector 17-C, Chandigarh. "थायी लेखा सं./Pan No: Aaccc8021G अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Ajay Jain, Ca Revenue By : Shri Manav Bansal, Cit, Dr Date Of Hearing : 19.05.2025 Date Of Pronouncement : 28.05.2025 Physical Hearing O R D E R

C, Chandigarh. "थायी लेखा सं./PAN NO: AACCC8021G अपीलाथ"/Appellant ""यथ"/Respondent Assessee by : Shri Ajay Jain, CA Revenue by : Shri Manav Bansal, CIT, DR Date of Hearing : 19.05.2025 Date of Pronouncement : 28.05.2025 PHYSICAL HEARING O R D E R PER RAJPAL YADAV, VP The ld. CIT(A)-I Chandigarh has decided two appeals of the assessee for assessment year