LATE SHRI CHANDRA PRAKASH CHAUDHARY THROUGH LEAGAL HEIR MRS. ANJU CHAUDHARY,NEW DELHI vs. DCIT, CIRCLE- 1 , DEHRADUN

Section 43(5) of the Act. Page 4 of 16 ITA No.4258 & 4259/Del/2018 Late Sh. Chandra prakash Chaudhary 5. After the remand from the Tribunal, the assessment order came to be passed on 26/06/2014 by making additions as under:- House Property income Rs. 1,37,980/- Business Income Rs. 34,04,580/- Short Term Capital Gain

LATE SHRI CHANDRA PRAKASH CHAUDHARY THROUGH LEAGAL HEIR MRS. ANJU CHAUDHARY,NEW DELHI vs. DCIT, CIRCLE- 1 , DEHRADUN

Section 43(5) of the Act. Page 4 of 16 ITA No.4258 & 4259/Del/2018 Late Sh. Chandra prakash Chaudhary 5. After the remand from the Tribunal, the assessment order came to be passed on 26/06/2014 by making additions as under:- House Property income Rs. 1,37,980/- Business Income Rs. 34,04,580/- Short Term Capital Gain

SHRI ABHISHEK JOSHI,DEHRADUN vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX , DEHRADUN

In the result, the appeal of the assessee is allowed

Bench: Sh. Saktijit Dey & Shri M. Balaganeshshri Abhishek Joshi, Vs. The Pr. Cit, C/O. Parimal Patet, Gk Patet & Dehradun Co, 14 Abhishek Tower, Subhash Road, Dehradun (Appellant) (Respondent) Pan: Ajopj4300M Assessee By : Dr. Rakesh Gupta, Adv Shri Somil Aggarwal, Adv Revenue By: Shri N. S. Jangpangi, Cit Dr Date Of Hearing 26/07/2023 Date Of Pronouncement 15/09/2023

Section 263 on the basis of suspicions, surmises and conjectures. Shri Abhishek Joshi 3. That in any case and in any view of the matter, action of Ld. PCIT is bad in law and against the facts and circumstances of the case, since opportunity of being heard in person not considered and without hearing the Assessee the order

OMWATI,DEHRADUN vs. PR.CIT, DEHRADUN

In the result, the appeal of the assessee is allowed

Bench: Shri Challa Nagendra Prasad & Shri M. Balaganeshsmt. Omwati Pr. Cit W/O Sh. Dariyav Singh Dehradun 171/1, Vasant Vihar, Vs. Dehradun Pan-Aanpw 6438K (Appellant) (Respondent)

section 147 to 151 of Income Tax Act, 1961. 2. That in any case and in any view of the matter, Ld. Pr. CIT has erred in law in assuming jurisdiction and passing the impugned order u/s 263, is bad in law and against the facts and circumstances of the case. Since the above grounds are purely legal and does

DIGVIJAY SINGH,DEHRADUN vs. DCIT,CENTRAL CIRCLE, DEHRADUN

In the result, appeal of the assessee for assessment year

5 of 14 ITA Nos.2336 & 117/Del/2019 AYs: 2015-16 & 2016-17 Bhushan Batra in cash. The order of learned CIT(A) was passed on 28.01.2019. 7. We find that the learned AR had placed on record a copy of the assessment order framed in the hands of Sh. Rameshwar Havelia under section 153A(1)(b) read with section

DIGVIJAY SINGH,DEHRADIM vs. DCIT,CENTRAL CIRCLE, DEHRADUN

In the result, appeal of the assessee for assessment year

5 of 14 ITA Nos.2336 & 117/Del/2019 AYs: 2015-16 & 2016-17 Bhushan Batra in cash. The order of learned CIT(A) was passed on 28.01.2019. 7. We find that the learned AR had placed on record a copy of the assessment order framed in the hands of Sh. Rameshwar Havelia under section 153A(1)(b) read with section

M/S THDC INDIA LIMITED, RISHIKESH,RISHIKESH vs. PCIT, DEHRADUN, DEHRADUN

In the result, appeal of the assessee is partly allowed

Capital & Financial\nServices Ltd. v. ITO [2009] 119 ITD 266 (Delhi) have held that there\nwas uncertainty regarding ultimate collection of interest hence\nassessee was justified in not showing the notional interest income\nwhich did not actually materialized during the year under consideration.\nDelhi High Court in CIT v. Metropolitan Financier (P.) Ltd. [1981] 5\nTaxman 216 (Delhi) have held

SMT. KUSUM KUJWAL,NAINITAL vs. PCIT, BAIREILLY

Appeal is dismissed in above terms

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwal

section 50C and to compute the long term capital gain and business profit on sale of plots which remained left during assessment by the AO, keeping in view the observations made after giving reasonable opportunity to the assessee of being heard.” 5

INSTITUTE OF CLINICAL RESEARCH INDIA SOCIETY,DEHRADUN vs. CIT(A), DEHRADUN

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing) Assessment Year: 2012-13 Institute Of Clinical Research Vs. Commissioner Of Income India Society, Tax (Appeals), 1St Floor, Building No.1, Dehradun Treenetra Vihar, Near Kargt Chowk, Dehradun Pan :Aabai3710P (Appellant) (Respondent) Assessee By None Department By Sh. Amar Pal Singh, Sr. Dr

Capital gains v. Income from other sources. 7.1. Now, let us examine Section 11 and Section 40 to decide this controversy. Section 11 to 13 is a part of Chapter 3 under the heading "Income which does not form the part of the total income". Section 11 (1) provides that "subject to the provisions of Section

DARIYAV SINGH,DEHRADUN vs. PR. CIT, DEHRADUN

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

Bench: Shri Saktijit Dey & Shri M. Balaganeshsh. Sanjay Kumar Pr. Cit 170, Vasant Vihar-1 Dehradun Dehradun Vs. Pan-Akkpk 1007F (Appellant) (Respondent) Sh. Dariyav Singh Pr. Cit 28-Chakrata Road, Dehradun Dehradun Vs. Pan-Awkps 6026L (Appellant) (Respondent) Appellant By Dr. Rakesh Gupta & Mr. Sherey Jain, Advocates Respondent By Mr. N.S.Jangpangi, Cit-Dr

5 of 10 ITA No.2187/Del/2018 & Sanjay Kumar & Dariyav Singh vs. Pr.CIT proceedings had even issued notice u/s 142(1) of the Act dated 13.11.2014 specifically making enquiries particularly into the details of property purchased by the assessee and also calling for making for capital gains on sale of property. The assessee duly replied to the same furnishing all the requisite

SANJAY KUMAR,DEHRADUN vs. PRCIT, DEHRADUN

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

Bench: Shri Saktijit Dey & Shri M. Balaganeshsh. Sanjay Kumar Pr. Cit 170, Vasant Vihar-1 Dehradun Dehradun Vs. Pan-Akkpk 1007F (Appellant) (Respondent) Sh. Dariyav Singh Pr. Cit 28-Chakrata Road, Dehradun Dehradun Vs. Pan-Awkps 6026L (Appellant) (Respondent) Appellant By Dr. Rakesh Gupta & Mr. Sherey Jain, Advocates Respondent By Mr. N.S.Jangpangi, Cit-Dr

5 of 10 ITA No.2187/Del/2018 & Sanjay Kumar & Dariyav Singh vs. Pr.CIT proceedings had even issued notice u/s 142(1) of the Act dated 13.11.2014 specifically making enquiries particularly into the details of property purchased by the assessee and also calling for making for capital gains on sale of property. The assessee duly replied to the same furnishing all the requisite

KAMAL KISHORE JAISWAL,DEHRADUN vs. ACIT, DEHRADUN

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

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.Assessment Year: 2007-08 Kamal Kishore Jaiswal, Vs Asst. Commissioner Of Income Tax, 23/25, Pritam Road, Central Circle, Dalanwala, Dehradun. Dehradun. (Appellant) (Respondent) Pan No. Acdpk1166C Assessee By : None Revenue By : Sh. N.S. Jangpangi, Cit-Dr Date Of Hearing: 25.04.2022 Date Of Pronouncement: 27.04.2022 Order Per Yogesh Kumar U.S.: This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-Iv, Kanpur Dated 16.01.2017. 2. Brief Facts Of The Case Are That, During The Year Under Consideration, The Assesse Had Sold Plot On Which Long Term Capital Gain (Ltcg)Of Rs.22,62,367/- Has Been Declared In His Return Of Income Filed Under Section 139 Of The Act. Out Of Ltcg, Rs.13,95,000/- Has Been Claimed Exempt Under Section 54F Of The Act, Which Was Invested In The Purchase Of Residential House Property Amounting To Rs.38,95,000/- At Pritam Road, Dehradun. A Loan Amount Of Rs.25 Lakh Had Been Availed From Hdfc Bank For Purchase Of The Said Property. The Balance Amount Of Rs.8,67,367/- As Capital Gain Was Offered To Tax. At The Time Of 2 Kamal Kishore Jaiswal Filing Return Under Section 153A Of The Act, The Assessee Claimed Entire Amount Of Long Term Capital Gain Exempt Under Section 54F Act, Therefore, A Show Cause Notice Has Been Issued To The Assesse & A Reply Has Been Submitted By The Assesse On 05.02.2013 In The Following Manner:

capital gain amount of the plot sold on which exemption was claimed, therefore, balance amount of Rs.8,67,367/- had not been utilized for purchase and the exemption of Rs.8,67,367/- claimed by the Assessee was disallowed and added back to the income of the Assessee vide assessment order dated 21-03-2013. Consequent to the assessment order, penalty

AKRAM,ROORKEE vs. DCIT, CIRCLE, HARIDWAR

Appeal is partly allowed for statistical purposes in above terms

Bench: Sh. Satbeer Singh Godara & Sh. Naveen Chandra

section 2(14) of the Act. We are of the considered view that once it forms a part of an industrial state (supra), the same indeed deserves to be treated as a capital asset u/s 2(14) of the Act. 8 Akram We thus see no reason in the assessee’s instant former substantive ground in principle which stands declined

PRAKASHI UNIYAL,DEHRADUN vs. ITO, KOTDWAR

In the result, appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishia Y 2009-10 Appellant Respondent Ms Praksahi Uniyal The Income Tax Officer F-27 Thdc Colony Vs. Kotdwar Ajabpur Dehradun Pan : Ccxpp8494E ( Appellant ) ( Respondent )

section 69 of The Income Tax Act of Rs. 499000/–. 5. It was further noted that as assessee has sold the house property for ₹ 10 lakhs and no capital gain

JOINT COMMISSIONER OF INCOME TAX, SUBHASH ROAD DEHADUN vs. M/S TIMES SQUARE, SAHASTRADHARA ROAD

In the result, appeal of the Revenue is dismissed

capital gains (section 50C) and\nother sources (section 56) arising out of transactions in immovable\nproperty, the higher of sale consideration or stamp duty value\nwas adopted. The difference was taxed as income both in the\nhands of the purchaser and the seller.\n\n16.2 It has been pointed out that the variation between stamp duty\nvalue and actual consideration

SH. IRSHAD ILAHI,DEHRADUN vs. ITO, W- 1(3), DEHRADUN

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

Bench: Shri Vimal Kumar & Shri Brajesh Kumar Singhassessment Year: 2014-15 Irshad Ilahi, Income Tax Officer, 96 Colli Camp, Turner Road, Ward-1(3), Clement Town, Dehradun, Vs Dehradun Uttarkhand-248001 Pan-Acmpi0814J Appellant Respondent

Capital Gains annexed per Annexure 6 supra. 7. The Appellant and the other 5 co-owners paid a sum of Rs.25,00,000 vide a settlement entered into with the children of Wife B, who had filed for share in immovable property sold by the Appellant vide a suit no.272 of 2009. Copy of the Settlement of claim arising

IMSI (INDIA) PVT. LTD.,DEHRADUN vs. JCIT, DEHRADUN

In the result, all the three appeals filed by the assessee in ITA

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble

5) and sub-sections (7) to (12) of section 80-IA shall, so far as may be, apply to the eligible undertaking or enterprise under this section." 28. From the above provisions, it is clear that the deduction u/s 80IC of the Act is available where the gross total income of an assessee includes any profits and gains derived

DCIT, CENTRAL CIRCLE, DEHRADUN vs. SHREEVAAS INFRABUILD PVT. LTD., NEW DELHI

In the result, appeal is dismissed

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganeshassessment Year: 2015-16 Dcit, Central Circle, Versus Shreevaas Infrabuild Pvt. Ltd. 2Nd Floor, Mgf Metropolitan Dehradun. Mall, Saket, New Delhi. Pan: Aaocs9940A (Appellant) (Respondent) Assessee By : Sh. Rajesh Malhotra, Ca Revenue By : Sh. N.S. Jangpangi, Cit/Dr Date Of Hearing : 21.06.2023 Date Of Pronouncement: 23.06.2023 Order This Is An Appeal By The Assessee Against Order Dated 19.03.2019 Of Learned Commissioner Of Income-Tax (Appeals)-Iv, Kanpur Pertaining To The Assessment Year 2015-16. 2. The Only Dispute In The Present Appeal Relates To The Deletion Of Addition Made By The Assessing Officer On Account Of Capital Gain By Invoking Provisions Of Section 50C Of The Income-Tax Act, 1961. 3. Briefly, The Facts Are, In Course Of Assessment Proceedings

capital gain at 2 | P a g e Rs.3,10,29,410/-. The assessee contested the aforesaid addition before learned Commissioner (Appeals). Being convinced with the submissions of the assessee that once, the DVO has determined the value of the property at a particular amount, which is less than the value determined by the stamp valuation authority, the Assessing Officer