UPPU KARUNASESH,CHENNAI vs. JCIT, CHENNAI

In the result, both the appeals filed by the assessee are allowed

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./Ita Nos.978 & 979/Chny/2015 "नधा"रण वष" / Assessment Years : 2009-10 & 2010-11

house property, the assessee shall be the owner of the property. Further, according to the Ld. counsel, Section 25B of the Act in categorical terms explains that the “owner of the property” means the 4 I.T.A. Nos.978 & 979/Chny/15 owner of the building or land appurtenant thereto. In this case, according to the Ld. counsel, the assessee is the owner

UPPU KARUNASESH,CHENNAI vs. JCIT, CHENNAI

In the result, both the appeals filed by the assessee are allowed

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./Ita Nos.978 & 979/Chny/2015 "नधा"रण वष" / Assessment Years : 2009-10 & 2010-11

house property, the assessee shall be the owner of the property. Further, according to the Ld. counsel, Section 25B of the Act in categorical terms explains that the “owner of the property” means the 4 I.T.A. Nos.978 & 979/Chny/15 owner of the building or land appurtenant thereto. In this case, according to the Ld. counsel, the assessee is the owner

DYNACON EQUIPMENTS PVT. LTD.,CHENNAI vs. ACIT CORPORATE CIRCLE 1(4), CHENNAI

In the result, the appeal filed by assessee in ITA

Bench: Shri Ramit Kochar & Shri Duvvuru R.L.Reddy

House Property’ or under the head ‘Profit and Gains from Business or Profession’. It is observed by Hon’ble Supreme Court that facts of each case are to be seen to determine what is the correct head of income under which rental income is to be brought to tax. The said decision of Hon’ble Supreme Court in the case

DYNACON EQUIPMENTS PVT LTD.,CHENNAI vs. ACIT CORPORATE CIRCLE 1(4), CHENNAI

In the result, the appeal filed by assessee in ITA

Bench: Shri Ramit Kochar & Shri Duvvuru R.L.Reddy

House Property’ or under the head ‘Profit and Gains from Business or Profession’. It is observed by Hon’ble Supreme Court that facts of each case are to be seen to determine what is the correct head of income under which rental income is to be brought to tax. The said decision of Hon’ble Supreme Court in the case

M/S. J.G. EXPORTS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

house property. As per the ld. Authorised Representative the said section clearly referred to sub section (f) to Section 269 UA of the Act. According to him, by virtue of Section 269(f) of the Act, assessee could be deemed as an owner only when the conditions for part performance mentioned in Section 53A

M/S. J.G. EXPORTS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

house property. As per the ld. Authorised Representative the said section clearly referred to sub section (f) to Section 269 UA of the Act. According to him, by virtue of Section 269(f) of the Act, assessee could be deemed as an owner only when the conditions for part performance mentioned in Section 53A

M/S. J.G. EXPORTS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

house property. As per the ld. Authorised Representative the said section clearly referred to sub section (f) to Section 269 UA of the Act. According to him, by virtue of Section 269(f) of the Act, assessee could be deemed as an owner only when the conditions for part performance mentioned in Section 53A

M/S. J.G. EXPORTS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

house property. As per the ld. Authorised Representative the said section clearly referred to sub section (f) to Section 269 UA of the Act. According to him, by virtue of Section 269(f) of the Act, assessee could be deemed as an owner only when the conditions for part performance mentioned in Section 53A

M/S. J.G. EXPORTS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

house property. As per the ld. Authorised Representative the said section clearly referred to sub section (f) to Section 269 UA of the Act. According to him, by virtue of Section 269(f) of the Act, assessee could be deemed as an owner only when the conditions for part performance mentioned in Section 53A

M/S. J.G. EXPORTS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

house property. As per the ld. Authorised Representative the said section clearly referred to sub section (f) to Section 269 UA of the Act. According to him, by virtue of Section 269(f) of the Act, assessee could be deemed as an owner only when the conditions for part performance mentioned in Section 53A

M/S. J.G. EXPORTS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

house property. As per the ld. Authorised Representative the said section clearly referred to sub section (f) to Section 269 UA of the Act. According to him, by virtue of Section 269(f) of the Act, assessee could be deemed as an owner only when the conditions for part performance mentioned in Section 53A

N RAMASWAMY,CHENNAI vs. ITO, NON CORP WARD 2(3), CHENNAI

In the result, the appeal filed by the assessee is allowed

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./Ita No.925/Chny/2019 "नधा"रण वष" / Assessment Year : 2014-15

house. Therefore, the question arises for consideration is whether the property acquired by the assessee by means of perpetual lease for unlimited period 7 I.T.A. No.925/Chny/19 would amount to purchase within the meaning of Section 54F of the Act? We have carefully gone through the provisions of Section 2(47) of the Act and also 269UA

RAMAKRISHNAN PRABHU JYOTHI,,COIMBATORE vs. ACOT, NCC-5, , COIMBATORE

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.690/Chny/2020 निर्धारण वर्ष /Assessment Years: 2016-17 Ramakrishnan Prabhu Jyothi, Race Course, Coimbatore, Tamil Nadu-641018, [Pan: Adjpp4946N] Asst. Commissioner Of Income Tax, Non-Corporate Circle-5, Coimbatore. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Shri N.P.Vijay Kumar, Advocate प्रत्यर्थी की ओर से /Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/Date Of Hearing : 27.05.2024 घोषणा की तारीख /Date Of Pronouncement : 23.08.2024 आदेश / Order Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Apl/S/250/2029-20/1026334108(1) Dated 09.03.2020 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), For The

Section 53A of the Act and the need for stamping and registration of sale deed in favour of the assesse to ascertain whether the assesse has made the purchase of residential house property

JUSTICE N.KANNADASAN,CHENNAI vs. ITO NON CORPORATE WARD 15(3), CHENNAI

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

house and hence, the same is not hit by the provisions of section 54F(1) proviso (a)(ii) of the Act. 6.1 Secondly, the assessee entered into sale agreement with his wife towards purchase of this residential property situated at Kalashetra Colony, Chennai on 10.12.2011 and assessee has fulfilled all the conditions of section 53A

JUSTICE N.KANNADASAN,CHENNAI vs. ITO NON CORPORATE WARD 15(3), CHENNAI

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

house and hence, the same is not hit by the provisions of section 54F(1) proviso (a)(ii) of the Act. 6.1 Secondly, the assessee entered into sale agreement with his wife towards purchase of this residential property situated at Kalashetra Colony, Chennai on 10.12.2011 and assessee has fulfilled all the conditions of section 53A

ACIT NON CORPORATE CIRCLE 15, CHENNAI vs. JUSTICE N.KANNADASAN, CHENNAI

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

house and hence, the same is not hit by the provisions of section 54F(1) proviso (a)(ii) of the Act. 6.1 Secondly, the assessee entered into sale agreement with his wife towards purchase of this residential property situated at Kalashetra Colony, Chennai on 10.12.2011 and assessee has fulfilled all the conditions of section 53A

GURUPRASAD ANGISETTY,CHENNAI vs. ITO, CHENNAI

In the result, the appeal of the assessee is dismissed

Bench: Shri A.Mohan Alankamony & Shri. G. Pavan Kumar

53A in transfer of property Act and judicial decisions relied at page 6 to 8 and concluded that since the assessee has invested in purchase of piece of land adjacent to the existing House property and as per the assessee’s own submissions constructed lawn and outdoor swimming pool by utilizing the sale proceeds. The definition of House property cannot

DEVICHAND KANTHILAL SHAH,CHENNAI vs. ITO, CHENNAI

In the result, the appeal filed by the assessee stands allowed

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.3353/Mds/2016 "नधा"रण वष" / Assessment Year : 2013-14 Shri Devichand Kanthilal Shah, The Income Tax Officer, No.7, Nungambakkam High Road, V. Non Corporate Ward - 3(4), Nungambakkam, Chennai - 600 034. Chennai - 600 034. Pan : Aagps 1965 A (अपीलाथ"/Appellant) (""यथ"/Respondent)

house only after the sale of existing property, therefore, he disallowed the claim of the assessee. 4. Shri D. Anand, the Ld.counsel for the assessee, further submitted that in view of agreement between the parties on 09.04.2012, there was a transfer of property as contemplated under Section 2(47) of the Act read with Section 53A

SUBRAMANYAM BASKARAN,CHENNAI vs. ITO, CHENNAI

In the result, the appeal of the assessee is allowed for 8

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

house within three years of sale of property and to obtain the benefit of construction of new residential property, the assessee should have deposited the Long term capital gains before due date of filing of return of income u/s.139(1) of the Act in Capital Gains Accounts Scheme. Since the assessee has not complied the prerequisites of capital gains account