INCOME TAX OFFICER, WARD-11(1), DELHI vs. HKT CORPORATION PVT LTD, DELHI

Appeal is dismissed

Bench: SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER\nAND\nSHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER\n\nITA No.1036/Del/2024\nAssessment Year: 2020-21\n\nIncome Tax Officer,\nWard-11(1),\nDelhi\nVs.\nM/s. HKT Corporation Pvt.\nLtd.,\n7, South Patel Nagar,\nNew Delhi\nPAN: AACCH0308M\n\n(Appellant)\n\n(Respondent)\n\nAssessee by\nSh. Tarandeep Singh, Adv.\n\nDepartment by\nSh. Rajesh Kumar Dhanesta, Sr. DR\n\nDate of hearing\n23.06.2025\n\nDate of pronouncement\n09.07.2025\n\nORDER\n\nPER SATBEER SINGH

capital gains u/s 48 were altogether covered by different\nheads of income i.e., income from 'house. property' and 'capital\ngains

AZIZUL GHANI ,NEW DELHI vs. INCOME TAX OFFICER - ITO WARD 63(3) NEW DELHI, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarazizul Ghani Vs. Ito, Ward 63(3) 1407 Pan Mandi E-2, Block, Civic Centre, Sadar Bazar, New Delhi – 110002 Delhi – 110006 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aajpg7737K Appellant .. Respondent

property which resulted in the capital gain. (ii) If the amount of capital gain is greater than the cost of the residential house

ANU GERA,NEW DELHI vs. ITO, NEW DELHI

Accordingly Ground No. 3 of the Assessee is allowed

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar Us

house property purchased against long term capital gain on sale of a long term capital asset being a residential property

ARUN DWIVEDI,NEW DELHI vs. ACIT, CIRCLE-9(2), NEW DELHI

In the result, the appeal of the assessee is allowed

house being N-1, Kailash Colony, New Delhi, 2/3rd\nUndivided share of basement (front portion) and 2/3rd undivided share of\nground floor (front portion),for Rs.45,33,334/- vide sale deed dated\n23.12.2013. It was further submitted the said capital gains was utilised\nfor purchase of the aforesaid new property

ESSAR COM LIMITED,MAURITIUS vs. ACIT, CIRCLE 1(2)(2), NEW DELHI

property of\nPermanent Establishment), 13(3) (Capital gain on ships and aircrafts),\n13(3A) (Capital gain on shares acquired after 1 April 2017), 13(36)\n(Capital gain on shares between 1 April 2017 to 31 March 2019), will be\ntaxable only in the country in which alienator is a resident. Therefore, the\namended Article 13(4) effectively provides that

ADDL. CIT, SPECIAL RANGE-7, NEW DELHI vs. PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock-in-trade or personal assets subject to certain exceptions. As regards shares and other securities, the same can be held either as capital assets or stock-in- trade/ trading assets or both. Determination of the character

DCIT CENTRAL CIRCLE 05 , DELHI vs. DEEPAK KOTHARI , KANPUR

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

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

House Property". That in the case of the appellant the L.D A.O has claimed the Residential Property at "New Friends Colony, New Delhi" to be owned by the appellant, though on facts the said property has been claimed as a "Self Occupied" property by the mother of the appellant in her return filed by her Legal heir. The copy

DEEPAK KATHARI,KANPUR vs. ACIT, CC-5, NEW DELHI

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

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

House Property". That in the case of the appellant the L.D A.O has claimed the Residential Property at "New Friends Colony, New Delhi" to be owned by the appellant, though on facts the said property has been claimed as a "Self Occupied" property by the mother of the appellant in her return filed by her Legal heir. The copy

MILAN SAINI,GURGAON vs. DCIT, CIRCLE- 2 , GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2014-15 Milan Saini, Vs. Dcit, 37, Centrum Plaza, Dlf Golf Circle-2. Course Road, Sector 53, Gurgaon Gurgaon (Haryana) Pan: Braps1366P (Appellant) (Respondent)

Housing Development Corpn. Vs. ACIT: [2019] 179 ITD 154 (Mum Trib.) (i) ACIT vs Jackie Shroff: [2018] 172 ITD 425 (Mumbai) 12 (j) Satyam Food Specialties (P.) Ltd. v. Dy. CIT [2015] 68 SOT 449 (Jaipur - Trib.) (k) Ishvakoo Grand Plaza v. DCIT: ITA No. 4537/Del/2017 (Del. Trib) (l) Ms. Padma Rao vs. CIT: [2024] 159 taxmann.com 30 (Del Trib

SUMEET DHIMAN,PUNJAB vs. ACIT, CIRCLE-4(1), GURGAON

In the result, the Appeal filed by the assessee is dismissed

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar Us

house property. Section 54 of the Act reads as follows:- “Profit on side of property used for residence. (I) Subject to the provisions of sub-section (2). where, in the case of an assessee being an individual or a Hindu undivided family, the capital gain

BHUPINDER SINGH JULKA,NEW DELHI vs. ACIT, CIRCLE-INT. TAX. 2(1)(2), DELHI

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

Bench: Shri Kul Bharat & Shri M. Balaganesh

capital gain is invested in a residential house. In the case of purchase of a house, the benefits available if the investment is made within a period of one year before or after the date on which the transfer took place and in case of construction of a house, the benefit is available if the investment is made within three

DCIT, CIRCLE 52(1), NEW DELHI vs. BHUPINDER SINGH BHALLA, NEW DELHI

Appeal of the revenue is dismissed

house property, capital gains and other sources, filed return of income\non 16.10.2016 declaring income of Rs.21,63,53,810. The return

RAJ KUMAR,NEW DELHI vs. ITO,WARD-58(4), DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Satbeer Singh Godara & Shri Amitabh Shukla

house Property at 23.06.2010 211, Sector-6 , Panchkula 2 Capital Gain arising there from 78,80,819 3 Date of agreement

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

Capital Gain/Short Term Capital Loss or any other sham transactions. " Similarly, the clarification for unlisted shares states: "It is, however, clarified that the above would not be necessarily applied in the situation where: (i) the genuineness of the transaction in unlisted shares itself is questionable; or (ii) the transfer of unlisted shares is related to an issue pertaining to lifting

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

Capital Gain/Short Term Capital Loss or any other sham transactions. " Similarly, the clarification for unlisted shares states: "It is, however, clarified that the above would not be necessarily applied in the situation where: (i) the genuineness of the transaction in unlisted shares itself is questionable; or (ii) the transfer of unlisted shares is related to an issue pertaining to lifting

ANDREY ANDREEV,MUMBAI vs. CIT(INTERNATIONAL TAXATION)-(03), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 2002/Del/2019 : Asstt. Year : 2012-13 Andrey Andreev, Vs Cit(Intl. Taxation)-03, C/O Sushil Budhia Associates, New Delhi Ca, 1103, Level 11, Universal Majestic, Behind Rbk International School, Ghatkopar Mankhurd, Link Road, Chembur, Mumbai-400043 (Appellant) (Respondent) Pan No. Aglpa5288P Assessee By : Sh. Y. K. Kapur, Adv. & Sh. Bhushan Kapur, Adv. Revenue By : Ms. Sapna Bhatia, Cit Dr Date Of Hearing: 29.06.2022 Date Of Pronouncement: 13.07.2022

property outside India were eligible for exemption under section 54/54F of the Income Tax Act. For the sake of ready reference, the relevant portion of the provisions of the Act is reproduced hereunder: “Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house

COMMISSIONER OF INCOME TAX

houses and also the details of all moveable and immoveable properties purchased and sold by him during the block period along with the capital gains

M/S ACTIVE SECURITIES LIMITED,NEW DELHI vs. ITO, NEW DELHI

The appeals are allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

House Estate Ltd. (1930 A. C. 432) illustrate the contrary Proposition. There, the property, though dealt with by a company intending to do business, was dealt with as landowner. The intention in those cases was not to derive profit by business done with those properties but to derive income by renting them out Where a Company acquires properties which