M/S FATEH HOMES PRIVATE LIMITED,CHANDIGARH vs. ITO WARD-1(4), CHANDIGARH

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

9. The issue for adjudication before us relates to the determination of income from house property, which is governed by the provisions of chapter IV-C of the Act. As per the charging section

SH.ASHOK KUMAR GUPTA,LUDHIANA vs. PR.CIT-1, LUDHIANA

In the result, the appeal of the assessee is allowed

property. Hence claim of deduction under section 54 of I.T. Act 1961 is not correct and also the AO has wrongly allowed the benefit of deduction u/s 54 of Income Tax Act, 1961 to ttie extent of Rs.2,05,93,405/- (3,32,39,346-1,26,43,941 )on account of modification in residential house bearing House

M/S Y.D. SOLUTIONS,CHANDIGARH vs. ITO, W-4(5), CHANDIGARH

In the result, the appeal of the assessee is dismissed

9 of 14 them was office rent and TDS has been deducted on the same by them. The Ld. DR further pointed out that during assessment proceedings the statement of Shri Gurwinder Singh Chadha, person responsible and working as Head (Accounts & Finance) in M/s Spray Engineering Devices Limited was recorded u/s 131 of the Act who had categorically stated that

ACIT, CIRCLE, SHIMLA vs. SHRI VINOD SHARMA, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 1449/Chd/2019 "नधा"रण वष" / Assessment Year: 2015-16 The Acit, Vs. Shri Vinod Sharma, बनाम B-1/3, Circle, Safdarjang Enclave, Shimla New Delhi 110029 "थायी लेखा सं./Pan No: Abkps1560N अपीलाथ"/ Appellant ""यथ"/ Repsondent (Hybrid Mode ) "नधा"रती क" ओर से/Assessee By : Sh. Vishal Mohan, Sr. Advocate With Shri Ahninav Bazwaria, Advocate राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 10.06.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 09.07.2024

section 54 of Income-tax Act he is required to purchase a residential house property either one year before or within two year after the date of transfer of original asset; or within a period of three years after that date he is required to construct a residential house. We note that it has been clarified by the CBDT

SH. JASWINDER SINGH LOTA,MOHALI vs. DY. DIRECTOR OF INCOME TAX, CHANDIGARH

In the result, the appeal of the assessee is allowed

Bench: Ms. Diva Singh & Shri B.R.R.Kumarassessment Year: 2008-09

property outside India before the amendment to section 54F made by Finance Act,2014 which has come into effect from 01/04/2015 will be entitled for deduction under section 54F of the Income Tax Act,1961. Inviting attention to paragraph 2 of the assessment order, it was submitted that the AO had rejected the claim on the reasoning that the ITAT

M/S Y.D. SOLUTIONS,CHANDIGARH vs. ITO, CHANDIGARH

The appeal of the assessee is dismissed

Bench: Ms.Diva Singh & Ms. Annapurna Guptay.D. Solutions, Vs. The Income Tax Officer, 2133, Sector 38-C, Ward 4(1), Chandigarh. Chandigarh. Pan: Aabfy0386N (Appellant) (Respondent)

9 A.Y.2013-14 Ltd. was already in occupation in rented accommodation and had been provided facilities as per its requirement by the earlier landlord and the agreement with the assessee only brought out what would be the conditions for the tenant and the rent to be received. There was nothing in the agreement regarding the assessee being engaged in the business

DEVI DAYAL,KAITHAL vs. INCOME TAX OFFICER, WARD-1 , KAITHAL

In the result, appeal is allowed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 899/Chd/2024 "नधा"रण वष" / Assessment Year: 2008-09 Shri Devi Dayal, Vs The Ito, Pundri Anaj Mandi, Ward – 1, Kaithal-Haryana 136026. Kaithal. "थायी लेखा सं./Pan No: Aajpd5851H अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Parikshit Aggarwal, Ca & Ms. Shruti Khandelwal, Advocate Revenue By : Shri Manav Bansal, Cit, Dr Date Of Hearing : 30.07.2025 Date Of Pronouncement : 08.09.2025

property would constitute transfer. Thus, according to him, the case of the assessee falls within sub- clause (iv) and (vi) of Section 2(47) of the Income Tax Act. 11. We have duly considered the rival contentions and gone through the record carefully. There is no dispute qua the fact that agricultural land measuring 24 kanal 9 marla situated

ITO, W-4, PANCHKULA vs. MRS. SUNITA, PANCHKULA

In the result, the appeal of the Revenue is dismissed

Bench: Smt. Diva Singh & Shri B.R.R. Kumarassessment Year: 2008-09

Housing Development Company Limited (THDC) and so 'transfer' for the purposes of section 2(47)(v) of the Income Tax Act 1961 read with Section 2(47)(ii), 2(47)((vi) Explanation below Section 2(47) and Section 269UA had taken place7 2. Whether on the facts and circumstances of the case

ITO, W-4, PANCHKULA vs. SMT. SEEMA DHILLON, PANCHKULA

In the result, the appeal of the Revenue is dismissed

Bench: Smt. Diva Singh & Shri B.R.R. Kumarassessment Year: 2008-09

Housing Development Company Limited (THDC) and so 'transfer' for the purposes of section 2(47)(v) of the Income Tax Act 1961 read with Section 2(47)(ii), 2(47)((vi) Explanation below Section 2(47) and Section 269UA had taken place? 2. Whether on the facts and circumstances of the case

ROPAR DISTRICT CO-OPERATIVE UNION LIMITED,MOHALI vs. PCIT, CHANDIGAR-1, CHANDIGARH

In the result, the appeal is allowed

Bench: SHRI AAKASH DEEPJAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

Section 263 of the Act; that a similar addition in respect of assessment year 2009-10 had been decided in favour of the assessee by the Tribunal, which had become final, since the Department had not gone in appeal. 6. The ld. PCIT, however, observed that in the assessee's own case, the Department had filed appeal against the Tribunal

SH. JAI RAM,JAGADHARI vs. ITO, YAMUNANAGAR

In the result, both the appeal of different assessees are allowed

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

9. The assessee also referred to affidavit of the buyer to emphasize about transfer of possession at the time of payment as per post-dated cheque. The assessee submitted that sale in respect of amount of Rs. 50 lacs was completed during the year under appeal and the one covered under the cheque of Rs. 5 Crores (undated) was completed

SH. AMAR SINGH,JAGADHARI vs. ITO, YAMUNANAGAR

In the result, both the appeal of different assessees are allowed

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

9. The assessee also referred to affidavit of the buyer to emphasize about transfer of possession at the time of payment as per post-dated cheque. The assessee submitted that sale in respect of amount of Rs. 50 lacs was completed during the year under appeal and the one covered under the cheque of Rs. 5 Crores (undated) was completed

KANDHARI INFRASTRUCTURES PRIVATE LIMITED,CHANDIGARH vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1),CHANDIGARH, CHANDIGARH

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

Bench: The Appeal Is Finally Heard Or Disposed Off. 4. That The Order Of The Ld. Commissioner Of Income Tax (Appeals) Is Erroneous, Arbitrary, Opposed To The Facts Of The Case & Thus Untenable.”

section 24B amounting to Rs. 56,52,053/- determined income from House Property at Rs. 40,73,316/- and the net income, after the set off of other house property income under the head income from House Property, was determined at Rs. 39,23,316/-. 4. Being aggrieved, the assessee carried the matter in appeal before

JANTA LAND PROMOTERS PRIVATE LIMITED ,MOHALI vs. INCOME TAX OFFICER WARD 6(1) CHANDIGARH , MOHALI

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 907/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 बनाम M/S Janta Land Promoters Pvt.Ltd. The Ito, Sco 39-42, Sector 82, Ward 6(1), Vs Mohali. Chandigarh. "थायी लेखा सं./Pan /Tan No: Aabcj3450D अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Shri Pankaj Bhalla, Ca राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr.Dr तार"ख/Date Of Hearing : 07.05.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 30.07.2025

9. From the statement of the assessee, it would clearly appear that it was treating the property as 'stock-in-trade'. Not only this, it will also be clear from the records that, except for the ground floor, which has been let out by the assessee, all other portions of the property constructed have been sold out. If that

SH. RAJINDER SINGH BEDI,CHANDIGARH vs. DCIT (INTL. TAXATION), CHANDIGARH

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 538/Chd/2022 "नधा"रण वष" / Assessment Year: 2018-19 Shri Rajinder Singh Bedi, The Dcit, (Int.Taxation ), 1368, Sector 40-B, Vs Chandigarh. Chandigarh. "थायी लेखा सं./Pan No: Afwpb3355A अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Smt. Kusum Bansal, Cit, Dr Date Of Hearing : 09.04.2025 Date Of Pronouncement : 04.06.2025 Hybrid Hearing O R D E R

house property as on 01.04.2001 as the cost of acquisition wherein such an asset becomes the property of the assessee or of the previous owner before first day of April,2001. There is no dispute that in principle, the assessee is entitled to seek the option as provided in Section 55(2)(b) of the Act. The dispute only relates

ITO, W-4(3), CHANDIGARH vs. SMT. RACHNA ARORA, CHANDIGARH

In the result, the appeal of the Revenue is dismissed

section 54 of Income 8 A.Y.2015-16 Tax Act, 1961, the amount of allowable claim of exemption u/s 54 should be calculated with reference to amount of investment in newly acquired residential house property and not the amount of capital gain on sale of existing house property. Since, the relief has been accorded, this gain on sale of existing house property

KARNAIL SINGH,UK vs. JCIT (OSD) INTL. TAXATION, CIRCLE, CHANDIGARH

In the result, all the appeals of the assessee stands allowed

house property”. Thereafter, the AO analyze the provisions of Article 12 of Indo-UK DTAA as well as definition of interest as per Section 2(28A) of the Act and has held that the money paid by the assessee to M/s Omaxe Ltd. is a capital investment for purchase of the property, the assessee will get back the capital asset

KARNAIL SINGH,UK vs. JCIT (OSD) INTL. TAXATION, CIRCLE, CHANDIGARH

In the result, all the appeals of the assessee stands allowed

house property”. Thereafter, the AO analyze the provisions of Article 12 of Indo-UK DTAA as well as definition of interest as per Section 2(28A) of the Act and has held that the money paid by the assessee to M/s Omaxe Ltd. is a capital investment for purchase of the property, the assessee will get back the capital asset