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

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

capital gains taxation by the AO 6.1 Broad view of Essar Group Company forming part of Para 11 (page 24-27) ECL the existing arrangement Para 11 (page 23-25) ECOM 6.2 Moving of holding Essar Group in Indian Telecom Para 12 (page 27-33) ECL Business from Onshore to offshore Para 12 (page 26-31) ECOM 6.3 Acquisition

SMT. RITU SINGH,DELHI vs. ITO, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2012-13

section 139(5) even though he made no deposits of un-invested capital gain in capital gains account scheme on or before

RRPR HOLDING PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, Grounds No

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

Sections 80, 139(3) and other provisions of the Act and refused to admit the claim of Long Term Capital Loss and consequently carry forward thereof for set off against the income of the later years was denied. The AO noted that there is not even an iota of reference of any transaction involving any capital gains

ITO,WARD-30(1), NEW DELHI vs. VINOD GUGNANI, NEW DELHI

In the result, grounds of Appeal of the Revenue fails, consequently the Appeal filed by the Revenue is dismissed

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

gains account scheme before the due date prescribed under Section 139(1) of the IT Act? 4. Re.Point No.1 Section 54(F) deals with capital

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

capital gains taxation by the AO\n6.1 Broad view of Essar Group Company forming part of\nthe existing arrangement\nPara 11 (page 24-27) ECL\nPara 11 (page 23-25) ECOM\n6.2 Moving of holding Essar Group in Indian Telecom\nBusiness from Onshore to offshore\nPara 12 (page 27-33) ECL\nPara 12 (page 26-31) ECOM\n6.3 Acquisition

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

In the result, the appeal of the assessee is allowed

capital gain which is not appropriated by the\nassessee towards the purchase of the new asset made within one year\nbefore the date on which the transfer of the original asset took place, or\nwhich is not utilised by him for the purchase or construction of the new\nasset before the date of furnishing the return of income under section

INDIAN NATIONAL CONGRESS ALL INDIA CONGRESS COMMITTEE,NEW DELHI vs. DCIT, CENTRAL CIRCLE-19, NEW DELHI

139(4B) which could not result in\ndisallowance of its section 13A exemption claim. The Assessing\nOfficer further issued section 142(1) notice dated 28.01.2021\nraising the second issue of donation of Rs.32,45,09,166/- under\ndifferent heads wherein it was asked to file all the relevant details.\nWe are taken to para 5 pages 2 in the assessment

THE COMMISSIONER OF INCOME TAX -INTERNATIONAL TAXATION-1 vs. REEMA CHAWLA

Appeals are dismissed

capital gains under section 54 of the Act. The assessee was required to purchase a residential house property either one year before, or within two years after the date of transfer of original asset; or within a period of three years after the date he was required to construct a residential house. The Central Board of Direct Taxes

MODI RUBBER LTD.,NEW DELHI vs. ACIT, CIRCLE- 17(1), NEW DELHI

In the result, Ground no.2 is partly allowed

Bench: Shri Saktijit Dey- & Shri Pradip Kumar Kedia-

capital gains with reference to amount set apart in escrow account out of agreed value of sale consideration of shares resulting in transfer of business interest. Second ground concerns disallowance under Section 14A. 3. Briefly stated, the assessee-company is engaged in manufacture, selling and trading of automotive tyres, tubes and flaps for the Assessment Year 2012-13 in question

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

139(1) of the Act aforesaid person, then such capital gain required to be deposited with the separate bank account called a capital gain account scheme. There is another safeguard as prescribed by the provision of section

DABUR INVEST CORP,NEW DELHI vs. JCIT, RANGE-46, NEW DELHI

In the result, appeals of the Revenue are dismissed and appeal

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraिनधा"रणवष"/Assessment Year: 2017-18 बनाम Acit, Dabur Invest Corp., 4Th Floor, Punjab Bhawan, Circle-46(1), Room No.106, Vs. Drum Shape Building, I.P. Estate, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2018-19 बनाम Acit, Dabur Invest Corp., 4Th Floor, Punjab Bhawan, Circle-46(1), Room No.106, Vs. Drum Shape Building, I.P. Estate, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2017-18 बनाम Dabur Invest Corp., Jcit, 4Th Floor, Punjab Bhawan, Vs. Range-46, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2018-19 बनाम Dabur Invest Corp., Jcit, 4Th Floor, Punjab Bhawan, Vs. Range-46, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent

gain on sale of shares. The fact years. In the earlier years, whatever the interest has been incurred by the assessee on borrowed funds and the expenses, the same had been claimed as capitalized, accepted by the Revenue in various years and now attained finality after appeal in disputed years. The total interest and expenses capitalized was Rs. 760.19 crores

ACIT, CIRCLE-46(1), NEW DELHI vs. DABUR INVEST CORP., DELHI

In the result, appeals of the Revenue are dismissed and appeal

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraिनधा"रणवष"/Assessment Year: 2017-18 बनाम Acit, Dabur Invest Corp., 4Th Floor, Punjab Bhawan, Circle-46(1), Room No.106, Vs. Drum Shape Building, I.P. Estate, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2018-19 बनाम Acit, Dabur Invest Corp., 4Th Floor, Punjab Bhawan, Circle-46(1), Room No.106, Vs. Drum Shape Building, I.P. Estate, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2017-18 बनाम Dabur Invest Corp., Jcit, 4Th Floor, Punjab Bhawan, Vs. Range-46, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2018-19 बनाम Dabur Invest Corp., Jcit, 4Th Floor, Punjab Bhawan, Vs. Range-46, New Delhi. New Delhi. Pan No.Aadfd2529D अपीलाथ" Appellant ""यथ"/Respondent

gain on sale of shares. The fact years. In the earlier years, whatever the interest has been incurred by the assessee on borrowed funds and the expenses, the same had been claimed as capitalized, accepted by the Revenue in various years and now attained finality after appeal in disputed years. The total interest and expenses capitalized was Rs. 760.19 crores

ACIT, CIRCLE-46(1), NEW DELHI vs. DABUR INVEST CORP , DELHI

In the result, appeals of the Revenue are dismissed and appeal\nof the assessee for the AY 2017-18 is partly allowed as indicated\nabove and appeal of the assessee for the AY 2018-19 is dismissed

gain on sale of shares. The fact\nof the case is the capitalization of expenses consisted of the\ninterest paid by the assessee on borrowed funds meant and utilized\nin acquisition of shares in the joint venture company from time to\ntime plus professional expenses as and when incurred in earlier\nyears. In the earlier years, whatever the interest

DABUR INVEST CORP,NEW DELHI vs. JCIT, RANGE-46, NEW DELHI

In the result, appeals of the Revenue are dismissed and appeal\nof the assessee for the AY 2017-18 is partly allowed as indicated\nabove and appeal of the assessee for the AY 2018-19 is dismissed

gain on sale of shares. The fact\nof the case is the capitalization of expenses consisted of the\ninterest paid by the assessee on borrowed funds meant and utilized\nin acquisition of shares in the joint venture company from time to\ntime plus professional expenses as and when incurred in earlier\nyears. In the earlier years, whatever the interest

ARUNA CHAUDHARY,NEW DELHI vs. ACIT, CENTRAL CIRCLE-26, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

capital gain which is not utilised by the assessee for the purchase of the new asset before the date of furnishing the return of income under section 139

OM PRAKASH MALHOTRA,NEW DELHI vs. ITO WARD - 30(5), NEW DELHI

Appeal are allowed in terms indicated hereinabove

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat[Assessment Year: 2013-14]

capital gain which is not appropriated by the assessee towards the purchase of the new asset made within one year before the date on which the transfer of the original asset took place, or which is not utilised by him for the purchase or construction of the new asset before the date of furnishing the return of income under section

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

Section 132 of the Income-tax Act, 1961 - Search and seizure - Assessment year 1994-95 - During course of search operation, assessee first stated that he had no undisclosed income and thereafter he surrendered a sum of Rs. 7 lakhs as his undisclosed income - Out of said amount Rs. 4 lakhs was stated to have been invested as stock

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

Section 132 of the Income-tax Act, 1961 - Search and seizure - Assessment year 1994-95 - During course of search operation, assessee first stated that he had no undisclosed income and thereafter he surrendered a sum of Rs. 7 lakhs as his undisclosed income - Out of said amount Rs. 4 lakhs was stated to have been invested as stock