DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain which is exempt u/s 10(38) of the act is amounting to RS. 1, 08,67,12,219/–. 14. Further the learned assessing officer asked details of the immovable properties owned by the assessee and found that the property at Mussoorie is acquired by the assessee and her husband in the year prior to financial year

DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain which is exempt u/s 10(38) of the act is amounting to RS. 1, 08,67,12,219/–. 14. Further the learned assessing officer asked details of the immovable properties owned by the assessee and found that the property at Mussoorie is acquired by the assessee and her husband in the year prior to financial year

DCIT, NEW DELHI vs. MRS. RADHIKA ROY, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain which is exempt u/s 10(38) of the act is amounting to RS. 1, 08,67,12,219/–. 14. Further the learned assessing officer asked details of the immovable properties owned by the assessee and found that the property at Mussoorie is acquired by the assessee and her husband in the year prior to financial year

DCIT, NEW DELHI vs. DR. PRANNOY ROY, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain which is exempt u/s 10(38) of the act is amounting to RS. 1, 08,67,12,219/–. 14. Further the learned assessing officer asked details of the immovable properties owned by the assessee and found that the property at Mussoorie is acquired by the assessee and her husband in the year prior to financial year

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain which is exempt u/s 10(38) of the act is amounting to RS. 1, 08,67,12,219/–. 14. Further the learned assessing officer asked details of the immovable properties owned by the assessee and found that the property at Mussoorie is acquired by the assessee and her husband in the year prior to financial year

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain which is exempt u/s 10(38) of the act is amounting to RS. 1, 08,67,12,219/–. 14. Further the learned assessing officer asked details of the immovable properties owned by the assessee and found that the property at Mussoorie is acquired by the assessee and her husband in the year prior to financial year

ACIT, NEW DELHI vs. M/S. PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

Bench: Shri Amit Shukla & Shri O.P. Kant

15,41,96,869/- by treating long term capital gain and short-term capital gain as business income. 2. That on the facts and circumstances of the case and in law, the Ld. CIT (A) erred in restricting the addition made u/s. 14A from Rs. 57.64 lacs to Rs. 32.14 lacs. Ld. CIT (A) erred in giving relief

ACIT, NEW DELHI vs. M/S PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

Bench: Shri Amit Shukla & Shri O.P. Kant

15,41,96,869/- by treating long term capital gain and short-term capital gain as business income. 2. That on the facts and circumstances of the case and in law, the Ld. CIT (A) erred in restricting the addition made u/s. 14A from Rs. 57.64 lacs to Rs. 32.14 lacs. Ld. CIT (A) erred in giving relief

DCIT, NEW DELHI vs. M/S. PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

Bench: Shri Amit Shukla & Shri O.P. Kant

15,41,96,869/- by treating long term capital gain and short-term capital gain as business income. 2. That on the facts and circumstances of the case and in law, the Ld. CIT (A) erred in restricting the addition made u/s. 14A from Rs. 57.64 lacs to Rs. 32.14 lacs. Ld. CIT (A) erred in giving relief

COMMISSIONER OF INCOME TAX vs. ECE INDUSTRIES LTD.

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SURESH KUMAR KAIT

capital asset. Explanation. - For the purposes of this sub-section, the expression "insurer" shall have the meaning assigned to it in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938).” 15. Thus broadly speaking when profits or gains

Commissioner of Income Tax vs. ECE Industries Limited

capital asset. Explanation. - For the purposes of this sub-section, the expression "insurer" shall have the meaning assigned to it in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938).” 15. Thus broadly speaking when profits or gains

NEELU ANALJIT SINGH,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE-9, NEW DELHI

In the result, appeal filed by the assessee is partly allowed with above directions

Bench: Shri H. S. Sidhu & Shri Prashant Maharishimrs. Neelu Analjit Singh, Vs. The Addl. Commissioner Of 15, Dr. Apj Abdul Kalam Road, Income Tax , New Delhi Special Range-9, Pan: Aatps06882D New Delhi (Appellant) (Respondent)

15,67,64,689 on 09.08.2012) and these shares have been sold by the assessee on 21.03.2014. Since the period of holding was more than 12 months, therefore, the capital gain was offered to tax as long term capital gain. The provision of section

SUPERB MIND HOLDING LTD. ,NEW DELHI vs. ACIT CIRCLE INT TAX 3(1)(2), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.1568/Del/2022 िनधा"रणवष"/Assessment Year: 2018-19

15,54,375/- on account of long term capital gain to be taxed under section 112 of the Act, which

MR. TARUN SAWHNEY,NEW DELHI vs. ACIT, NOIDA

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

Bench: Shri M. Balaganesh & Shri Sudhir Kumar

15). An income in order to come within the purview of that definition must satisfy two conditions. Firstly, it must comprise the ' total amount of income, profits and gains referred to in Section 4(1)'. Secondly, it must be 'computed in the manner laid down in the Act'. If either of these conditions fails, the income will

MR. TARUN SAWHNEY,NEW DELHI vs. ACIT, NOIDA

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

Bench: Shri M. Balaganesh & Shri Sudhir Kumar

15). An income in order to come within the purview of that definition must satisfy two conditions. Firstly, it must comprise the ' total amount of income, profits and gains referred to in Section 4(1)'. Secondly, it must be 'computed in the manner laid down in the Act'. If either of these conditions fails, the income will

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)

section 28(iv) of the Act as 'profits and gains of business and profession', alleging the same to be in lieu of professional/ entrepreneurial services. 4. That the CIT(A) erred on facts and in law in holding (in alternate) that compensation arising for alleged transfer of rights is taxable as short-term capital gains and not long-term capital

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

15. Section 50 of the Act, which has been quoted above, states that notwithstanding anything contained in Section 2(42A) where capital asset is an asset forming part of the block of assets on which depreciation has been allowed, then provisions of Sections 48 and 49 of the Act will be applicable, subject to the modification made by the section

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

15. Section 50 of the Act, which has been quoted above, states that notwithstanding anything contained in Section 2(42A) where capital asset is an asset forming part of the block of assets on which depreciation has been allowed, then provisions of Sections 48 and 49 of the Act will be applicable, subject to the modification made by the section