AJMER SINGH,MOHALI vs. ITO, W-6(5), MOHAL

In the result, the appeal of the Revenue is dismissed

Bench: Disposal Of Appeal.”

50C was inserted by finance act 2002 w.e.f 1.4.2003 in chapter IV of IT Act 1961 which relates to computation of capital gains. However this section was again applicable only in respect of capital asset. It was only w.e.f 1.10.2009 that immovable property received without consideration, stamp duty value of which exceeded 50,000/- was brought to tax under section

AJMER SINGH,MOHALI vs. ITO, W-6(5), MOHAL

In the result, the appeal of the Revenue is dismissed

Bench: Disposal Of Appeal.”

50C was inserted by finance act 2002 w.e.f 1.4.2003 in chapter IV of IT Act 1961 which relates to computation of capital gains. However this section was again applicable only in respect of capital asset. It was only w.e.f 1.10.2009 that immovable property received without consideration, stamp duty value of which exceeded 50,000/- was brought to tax under section

ITO, W-6(5), MOHALI vs. SMT. GURDEV KAUR, KHARAR

In the result, the appeal of the Revenue is dismissed

Bench: Disposal Of Appeal.”

50C was inserted by finance act 2002 w.e.f 1.4.2003 in chapter IV of IT Act 1961 which relates to computation of capital gains. However this section was again applicable only in respect of capital asset. It was only w.e.f 1.10.2009 that immovable property received without consideration, stamp duty value of which exceeded 50,000/- was brought to tax under section

SH. RAMINDER SINGH,MOHALI vs. INCOME TAX OFFICER, WARD-6(2), MOHALI

The appeal of the assessee stands partly allowed

Bench: Shri Sanjay Garg & Smt.Annapurna Guptaआयकर अपील सं./ Ita No.1270/Chd/2019 "नधा"रण वष" / Assessment Year : 2015-16

section 50C was invocable to arrive at the correct amount of capital gains. The assessing Officer has correctly arrived at the sale consideration of the plot at Rs. 2.50 crores. GoA no. 2

SHRI RAJDEEP SINGH CHIMNI,CHANDIGARH vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-4(1), CHANDIGARH

In the result, the addition so made and sustained by the ld CIT(A) is hereby deleted and the appeal of the assessee is allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

capital gains tax evasion on account of understatement of the consideration. Of course, the law provides, under section 50C(2

SH. SHIROM LAMBA,CHANDIGARH vs. ITO, WARD- 2(3), CHANDIGARH

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

capital gain at Rs.83,96,328/-. Aggrieved,\nagainst the action of the AO, the assessee preferred an appeal\nbefore the CIT(A).\n4. The CIT(A) referred the matter to DVO in term of the provision\nof Section 50C(2

SH. MAHESH CHUGH,CHANDIGARH vs. PR.CIT-2, CHANDIGARH

In the result, the appeal of the assessee is allowed

capital gain the same proportion as the cost of the new asset bears to the net asset bears to the net consideration, shall not be charged under section 45" The complete details of the commercial properties sold during the F.Y. 2014-15 and eligible/allowable deduction u/s 54F is as under:- Particulars Property No. 1 Property No. Property

INCOME TAX OFFICER, MOHALI vs. GURTEJ SINGH, MOHALI

In the result, appeal filed by the Revenue in ITA No

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

50C stamp duty value at time of agreement to sell shall be applicable and which was rightly been taken by the appellant at the time of execution of registered sale deed. 3. In the appeal of Gurtej in ITA no 806/Chd/2024 9. Ld. DR submitted that the agreements dated 30.07.2009 and 15.02.2008 were cancelled through a cancellation deed dated

KANWALDEEP KAUR,CHANDIGARH vs. DCIT, CIRCLE 1, CHANDIGARH

In the result, appeal filed by the Revenue in ITA No

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

50C stamp duty value at time of agreement to sell shall be applicable and which was rightly been taken by the appellant at the time of execution of registered sale deed. 3. In the appeal of Gurtej in ITA no 806/Chd/2024 9. Ld. DR submitted that the agreements dated 30.07.2009 and 15.02.2008 were cancelled through a cancellation deed dated

HEM RAJ JAIN,LUDHIANA vs. ITO, W-1(1), LUDHIANA

In the result, the appeal of the assessee is, therefore, allowed for statistical purposes

Bench: I.T.A.T. & The Sole Issue Relates To The Computation Of Long Term Capital Gain Earned By The Assessee On Sale Of Property. Drawing Our Attention To The Facts Of The Case, As Reproduced At Para 3 Of The Cit(A)’S Order, It Was Pointed Out That The Assessment Had Been Framed On The Assessee For The Impugned Year U/S 143(3) Of The Act Making Addition On Account Of Long Term Capital

capital gains earned, as per the provisions of section 50C of the Act. The Ld. counsel for assessee thereafter pointed out that both necessary enquiries had been carried out by the A.O. and the purchaser had verified paying consideration of Rs.30 lacs for the sale of such property and copy of the sale deed procured both from the bank, with

NEERU ARORA,CHANDIGARH vs. CIRCLE-1, INTERNATIONAL TAXATION, CHANDIGARH

In the result, the appeal of the assessee is partly allowed in terms indicated above

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. MANOJ KUMAR AGGARWAL (Accountant Member)

section 50C(2) to refer the matter to a Valuation Officer. This mandatory procedure was not followed, rendering the addition unsustainable. 11. The AO further erred in not granting any deduction towards indexed cost of acquisition, which is impermissible under the law. The entire value was treated as capital gain

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

50C. 6. The ld. CIT DR, on the other hand, relied upon orders of Revenue Authorities. He submitted that Section 43CA is applicable because Sale Deed has been registered during the Accounting Year relevant to Financial Year 2014-15. The only benefit available to the assessee is sub-clause (3) and (4) of Section 43CA. In other words

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

50C. 6. The ld. CIT DR, on the other hand, relied upon orders of Revenue Authorities. He submitted that Section 43CA is applicable because Sale Deed has been registered during the Accounting Year relevant to Financial Year 2014-15. The only benefit available to the assessee is sub-clause (3) and (4) of Section 43CA. In other words

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

50C. 6. The ld. CIT DR, on the other hand, relied upon orders of Revenue Authorities. He submitted that Section 43CA is applicable because Sale Deed has been registered during the Accounting Year relevant to Financial Year 2014-15. The only benefit available to the assessee is sub-clause (3) and (4) of Section 43CA. In other words

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

50C. 6. The ld. CIT DR, on the other hand, relied upon orders of Revenue Authorities. He submitted that Section 43CA is applicable because Sale Deed has been registered during the Accounting Year relevant to Financial Year 2014-15. The only benefit available to the assessee is sub-clause (3) and (4) of Section 43CA. In other words

ANAND SAWROOP,HIMACHAL PRADESH vs. INCOME TAX OFFICER , NAHAN

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

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

capital gains of Rs. 1,25,81,068/- was determined by the AO on sale of land by the assessee to M/s Himachal Pradesh Power Cooperation Ltd. (HPPCL) under Section 50C of the Act, which, on appeal, has been confirmed by the Ld. CIT(A). 4. Against the said findings and the order of the Ld. CIT(A), the assessee

LATE SH. SHIV RAJ SINGH THROUGH LEGAL HEIR SMT. KAMLESH CHAUDHARY,SIRMOUR vs. INCOME TAX OFFICER, NAHAN

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadav

Section 50C of Income Tax Act. The land is stated to be ancestral land and therefore value for cost indexation is to be adopted for the year 1981, As on date, there is no such data of value of land available as on 01.04.1981. 1 presume the value of land at Rs. 10,00,000/-, for the purpose of capital

SH. HARWANT SINGH GREWAL,LUDHIANA vs. ITO, WARD-7(4), LUDHIANA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 594/Chd/2022 "नधा"रण वष" / Assessment Year: 2013-14 Shri Harwant Singh Grewal, The Ito, B-Xxxiv, # 8913, Durga Puri, Vs Ward 7(4), Haibowal Kalan, Ludhiana. Ludhiana. "थायी लेखा सं./Pan No: Adcpg7982Q अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Shri Vivek Vardhan, Addl.Cit, Sr.Dr Date Of Hearing : 08.05.2025 Date Of Pronouncement : 23.06.2025 Physical Hearing O R D E R

2(14) of the Income Tax Act, because agricultural land otherwise not being treated as a ‘capital asset’ except it falls within the prescribed limit of ‘Municipality’ or ‘Municipal Corporation’ or within specified distance from these urban bodies. This aspect has not been looked into by both the parties. 6. The Long Term Capital Gain is required to be computed