SH. CHANDRA KANT CHAHAL,DEHRADUN vs. ITO, DEHRADUN

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

Bench: Shri Challa Nagendra Prasada N D Shrim. Balaganesh

2), Dehradun (Order dated 25.03.2015) for computing the share of the Appellant in the Long- Term Capital Gains, arising on 'Sale of Co-ownership Land', as per the circle rate, by invoking the provisions of Section 50C

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 A/C\n630849.81 CLOSING STOCK\n49702307.00\nHDB FINANCIAL SERVICES\n(AS CERTIFIED BY PARTNERS)\n22500000.00\nHDFC LTD\n16000000.00 CASH IN HAND\n10789-16.00\nAXIS BANK\n2103284.16\nIDBI BANK\n2427220.00\nHDFC BANK\n50000.00\nUNSECURED LOAN\n100000.00\nIAS PER ANNEXURE B)\n9950000.00 KOTAK MAHINDRA\n\nCURRENT LIABILITIES\nLOANS & ADVANCES\n& PROVISIONS:\n1748596.48 CHEQUES IN HAND\n2250000.00\nSUNDRY CREDITORS\n28522350.00

SMT. KUSUM KUJWAL,NAINITAL vs. PCIT, BAIREILLY

Appeal is dismissed in above terms

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

2(a) to section 263 of the Income Tax Act, 1961. As the AO failed to understand the nature of transaction, applicability of section 500 and to compute the long term capital gain and business profit as well. Therefore, the assessment framed by AO is hereby set aside on the issue of applicability of section 50C

AKSHAT BANSAL,DEHRADUN vs. DCIT, CENTRAL CIRCLE , DEHRADUN

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra(Through Video Conferencing)

capital gains based on the circle/stamp rates of his lands/capital asset which were sold/transferred in financial year 2011-12 and 2012-13; involving varying sums, respectively. 7. Learned departmental representative could hardly dispute that no reference to the DVO had been made in either of the twin lower proceedings under section 50C(2

AKSHAT BANSAL,DEHRADUN vs. DCIT, CENTRAL CIRCLE , DEHRADUN

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra(Through Video Conferencing)

capital gains based on the circle/stamp rates of his lands/capital asset which were sold/transferred in financial year 2011-12 and 2012-13; involving varying sums, respectively. 7. Learned departmental representative could hardly dispute that no reference to the DVO had been made in either of the twin lower proceedings under section 50C(2

AKSHAT BANSAL,DEHRADUN vs. DCIT, DEHRADUN

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra(Through Video Conferencing)

capital gains based on the circle/stamp rates of his lands/capital asset which were sold/transferred in financial year 2011-12 and 2012-13; involving varying sums, respectively. 7. Learned departmental representative could hardly dispute that no reference to the DVO had been made in either of the twin lower proceedings under section 50C(2

AKSHAT BANSAL,DEHRADUN vs. DCIT, DEHRADUN

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra(Through Video Conferencing)

capital gains based on the circle/stamp rates of his lands/capital asset which were sold/transferred in financial year 2011-12 and 2012-13; involving varying sums, respectively. 7. Learned departmental representative could hardly dispute that no reference to the DVO had been made in either of the twin lower proceedings under section 50C(2

SIDHIDATRI BUILDERS & DEVELOPERS,DEHRADUN vs. ITO, WARD-2(3), DEHRADUN

Appeal is allowed for statistical purposes in above terms

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing) Assessment Year: 2014-15 Sidhidatri Builders & Vs. Income Tax Officer, Developers, C/O- R Gupta & Ward-2(3), Associates, 1St Floor, Mid Dehradun Building, 88-Nehru Colony, Dehradun Pan: Acgfs8424G (Appellant) (Respondent) Assessee By Sh. Praveen Goyal, Self Department By Sh. Amar Pal Singh, Sr. Dr

capital gains under challenge before us. 4. That being the case, the Revenue could hardly dispute that going by section 50C(2

SHRI PRITPAL SINGH,DEHRADUN vs. THE ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-2, DEHRADUN

In the result, the appeal of the Assessee is allowed

Bench: Sh. C. N. Prasad & Shri M. Balaganesh(Through Video Conferencing) Shri Pritpal Singh, Vs. Acit, 71, Guru Road, Circle-2, Dehradun Dehradun (Appellant) (Respondent) Pan: Ahkps3632F Assessee By : Shri Savyasachi Kumar Sahai, Adv Revenue By: Shri Amar Singh Rana, Sr. Dr Date Of Hearing 22/08/2023 Date Of Pronouncement 15/09/2023

capital gain by taking into consideration the actual sale consideration received and the same has not been disputed, penalty was not justified and the same cannot constitute furnishing inaccurate particulars or concealing particulars of income. H) In the present case, instead of sale of property, the property has been purchased. The Ld. AO has not disputed the actual amount paid

HEMANT DALAKOTE,HALDWANI vs. ACIT CIRCLE 2(1)(1), HALDWANI

Appeal is allowed for statistical purposes

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

gains of Rs.24,15,000/- representing the difference between actual sale consideration and the stamp price of the corresponding four capital assets/sale deed 2 Hemant Dalakote executed on as many occasions in the relevant financial year involving aggregate sums of Rs.47,20,000/- and Rs.71,35,000/-; respectively. 4. The Revenue vehemently argues during the course of hearing that both

RITA GOYAL,DEHRADUN vs. ITO, WARD-2(2), DEHRADUN

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing) Assessment Year: 2013-14 Vs. Income Tax Officer, Smt. Rita Goyal, H. No. 28, Sahastradhara Ward-2(2), Road, Dehradun, Dehradun Uttarakhand Pan :Ahypg4217C (Appellant) (Respondent) Assessee By Sh. Praveen Goyal, Self Department By Sh. Amar Pal Singh, Sr. Dr

2 | P a g e respective stands. We make it clear first of all that the assessee had admittedly declared capital gains which stand treated as business income in the Assessing Officer’s assessment discussion. He has thereafter invoked section 43CA r.w.s. 50C

SHRI CHHOTEY LAL VERMA,DEHRADUN vs. DEPUTY COMMISSIONER OF INCOME-TAX, DEHRADUN

In the result, appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

section 292C. 2.2 there was a clear finding of fact recorded by the Ld. AO in the assessment order that the agreement to sell dated 14.10.2007 did not materialize which has either been totally ignored or not appreciated by the Ld. CIT(A). 2.3 that the Ld. CLT(A) has erred in not appreciating the fact that there

SHRI CHHOTEY LAL VERMA,DEHRADUN vs. DEPUTY COMMISSIONER OF INCOME-TAX, DEHRADUN

In the result, appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

section 292C. 2.2 there was a clear finding of fact recorded by the Ld. AO in the assessment order that the agreement to sell dated 14.10.2007 did not materialize which has either been totally ignored or not appreciated by the Ld. CIT(A). 2.3 that the Ld. CLT(A) has erred in not appreciating the fact that there

SHRI PURAN SINGH VERMA,DEHRADUN vs. DEPUTY COMMISSIONER OF INCOME-TAX, DEHRADUN

In the result, appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

section 54, the entire amount of Rs.50 lakhs is liable for taxation. Penalty u/s 271(l)(c) of the l.T.Act,1961 is also initiated for furnishing of inaccurate particulars of income and concealment. (Addition: Rs. 50,00,000/-)”. 4. As against the assessment order dated 28/03/2013, the assessee preferred an appeal before the CIT(A), the Ld.CIT(A) vide order

SHRI PURAN SINGH VERMA,DEHRADUN vs. DEPUTY COMMISSIONER OF INCOME-TAX, DEHRADUN

In the result, appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

section 54, the entire amount of Rs.50 lakhs is liable for taxation. Penalty u/s 271(l)(c) of the l.T.Act,1961 is also initiated for furnishing of inaccurate particulars of income and concealment. (Addition: Rs. 50,00,000/-)”. 4. As against the assessment order dated 28/03/2013, the assessee preferred an appeal before the CIT(A), the Ld.CIT(A) vide order

SHRI ADITYA VERMA,DEHRADUN vs. DEPUTY COMMISSIONER OF INCOME-TAX, DEHRADUN

In the result, appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

Section. 3. That on the facts and circumstances of the case and in law, the Hon’ble CIT(A) has erred in upholding the penalty levied u/s 271(1)(c) of the Act inter alia because- 3.1. The appellant had made full disclosure of all his income in the return filed in response to notice issued u/s 153A

SHRI ADITYA VERMA,DEHRADUN vs. DEPUTY COMMISSIONER OF INCOME-TAX, DEHRADUN

In the result, appeal in ITA No

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.

Section. 3. That on the facts and circumstances of the case and in law, the Hon’ble CIT(A) has erred in upholding the penalty levied u/s 271(1)(c) of the Act inter alia because- 3.1. The appellant had made full disclosure of all his income in the return filed in response to notice issued u/s 153A