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

3,60,77,965 Income from other sources Dividend income 8,19,14,172 5. The Assessing Officer to understand the different nature of transaction undertaken by the assessee, first of all noted that assessee had done huge trading in mutual fund having turnover of Rs. 907.91 crores for which assessee has offered the income under the head ‘business

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

3,60,77,965 Income from other sources Dividend income 8,19,14,172 5. The Assessing Officer to understand the different nature of transaction undertaken by the assessee, first of all noted that assessee had done huge trading in mutual fund having turnover of Rs. 907.91 crores for which assessee has offered the income under the head ‘business

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)

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.) 6.9 Compensation received for sterilization of source of income-capital receipt The settlement agreement entered into between

PURAN ASSOCIATES PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is partly allowed

Bench: Shri Bhavnesh Saini & Shri O.P. Kant, Accountantmember

3. The ground No.1 of the appeal relates to treating capital gain of ₹ 1,51,75,238/- as business income. 3.1 The facts qua the issue in dispute are that the assessee claimed long-term capital gain of ₹ 1,51,75,238/- having details as under: S.No. Particulars Amount (Rs.) i. Long term Capital Gain exempt

MONI KUMAR SUBBA,DELHI vs. ACIT, NEW DELHI

In the result ground No. 2 of the appeal of the assessee is allowed

Bench: Smt. Diva Singh & Shri O.P. Kantassessment Year: 2006-07 Dcit, Vs. Sh. Moni Kumar Subba, Central Circle-4, New Delhi Subba Farm House, 118, Village Sultanpur, Mehrauli, Gurgaon Road, Delhi Pan :Aasps1484J (Appellant) (Respondent) & Assessment Year: 2006-07 Shri. Moni Kumar Subba, Vs. Acit, Subba Farm House, 118, Central Circle-4, E-2, Ara Village Sultanpur, Mehrauli, Centre, Jhandewalan Extn., Gurgaon Road, Delhi New Delhi Pan :Aasps1484J (Appellant) (Respondent)

3. To mortgage the land to the lenders. 4. To authorize the lender to sale the property in case of default of payment of loan. First two right i.e. possession and use of land by the lessee is common feature of a lease agreement. In my view last two right i.e. mortgaging the property to lenders and authorizing the lender

DCIT, NEW DELHI vs. SH. MONI KUMAR SUBBA, NEW DELHI

In the result ground No. 2 of the appeal of the assessee is allowed

Bench: Smt. Diva Singh & Shri O.P. Kantassessment Year: 2006-07 Dcit, Vs. Sh. Moni Kumar Subba, Central Circle-4, New Delhi Subba Farm House, 118, Village Sultanpur, Mehrauli, Gurgaon Road, Delhi Pan :Aasps1484J (Appellant) (Respondent) & Assessment Year: 2006-07 Shri. Moni Kumar Subba, Vs. Acit, Subba Farm House, 118, Central Circle-4, E-2, Ara Village Sultanpur, Mehrauli, Centre, Jhandewalan Extn., Gurgaon Road, Delhi New Delhi Pan :Aasps1484J (Appellant) (Respondent)

3. To mortgage the land to the lenders. 4. To authorize the lender to sale the property in case of default of payment of loan. First two right i.e. possession and use of land by the lessee is common feature of a lease agreement. In my view last two right i.e. mortgaging the property to lenders and authorizing the lender

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

172 ITR 311(SC) and held that the transaction of lease would fall within the general meaning of transfer of a capital asset. Therefore, it would be futile to examine whether Section 269UA was applicable. The ITAT held that the Explanation to Section 2(47) could be invoked only

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

172 ITR 311(SC) and held that the transaction of lease would fall within the general meaning of transfer of a capital asset. Therefore, it would be futile to examine whether Section 269UA was applicable. The ITAT held that the Explanation to Section 2(47) could be invoked only

CIT vs. M/S TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

172 ITR 311(SC) and held that the transaction of lease would fall within the general meaning of transfer of a capital asset. Therefore, it would be futile to examine whether Section 269UA was applicable. The ITAT held that the Explanation to Section 2(47) could be invoked only

PURAN ASSOCIATES PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE-20(1), NEW DELHI

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

Bench: Shri Kul Bharat & Shri O.P. Kant[Through Video Conferencing] Assessment Year: 2014-15

section 143(3) of the Act on 23.12.2016, the Assessing Officer made certain additions/disallowances. The assessee filed appeal before the learned CIT(A) but did not find any favour. The appeal was dismissed. Aggrieved with the findings of the learned CIT(A), the assessee is before the Tribunal raising the grounds as reproduced above. 3. Before us, learned Representative

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

section 14A are mandatory provisions.” 3. When the matter was called for hearing, the ld. counsel for the assessee in the Revenue’s Appeal submitted at the outset that identical issue came up in Assessee’s own case for Assessment Years 2010-11, 2012-13, 2013-14 and 2014-15 wherein the benefit of Long Term Gains arising

ACIT, NEW DELHI vs. M/S. PURAN ASSOCIATES (P) LTD., NEW DELHI

In the result appeal of the revenue is dismissed

Bench: Shri Amit Shukla & Prashant Maharishi

3. The facts in brief qua the issue of treatment of long-term capital loss of Rs. 23,00,136/- as business loss by treating it as a business income are that, Ld. AO in the course of assessment proceedings noted that assessee has invested the shares in mutual fund units which has been claimed as either as capital gain

PREM NATH,NEW DELHI vs. ITO, NEW DELHI

Bench: Shri J.S. Reddy & Shri Kuldip Singh

3. Without prejudice to ground no.1 to 4 of the memo of appeal your appellant submits that lower authorities have erred in computing net taxable capital gains at Rs.11,36,211/- in spite of the fact that appellant had invested net amount of capital gains of Rs.2,93,211/- in specified Bonds as specified in section 54EC.” 6. Without prejudice

M/S. EASTMAN INDUSTRIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee is allowed for statistical purpose and that of Revenue is partly allowed for statistical purposes

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

sections 2(42A) & 2(42B) with respect to short term capital gains and Instruction No. 1827 dated 31.08.1989, held that the main business of the assessee was trading of shares and therefore, the short term capital gain of Rs.71,23,102/- and long term capital gain of Rs.22,76,029/- totaling to Rs.93,99,131/- earned on entire sale

M/S STYLISH CONSTRUCTION PVT. LTD. vs. DCIT, NEW DELHI

In the result, appeal of the assessee is partly allowed

Bench: Shri H. S. Sidhu & Shri Prashant Maharishistylish Construction Pvt. Ltd, Dcit, 1027, Top Floor, Ward No. 8, Circle-9(1), Vs. Mehra Chowk, Mehrauli New Delhi Pan: Aaics4664H (Appellant) (Respondent)

Capital Gain as Rs. 3,25,11,441 Discussed above Less Exemption u/s 10(38) Total Income Rs. 3.25.11.441 _____NIL R/o. Rs.1,64,13,172 Rs. 1,64,13,200 .” 4. The assessee being aggrieved with the order of the ld AO preferred appeal before the ld CIT (A). Ld CIT(A) vide order dated 28.02.2013 held that assessee

RITU SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

Capital Gain declared by the assessee was arranged transactions. The operative part of the Tribunal order is as under: 9.5. From the above, it is clear that Mr. Mukesh Choksi is double 'speaking in his statements i.e. one given before the A.O. and the one during cross examination before the A.O. Under these circumstances one has to see the evidentiary

UMA SINGAL,NEW DELHI vs. ACIT, CENTRL CIRCLE-3, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

Capital Gain declared by the assessee was arranged transactions. The operative part of the Tribunal order is as under: 9.5. From the above, it is clear that Mr. Mukesh Choksi is double 'speaking in his statements i.e. one given before the A.O. and the one during cross examination before the A.O. Under these circumstances one has to see the evidentiary

SUNIL MIGLANI,GHAZIABAD vs. DCIT, GHAZIABAD

In the result, appeal of the assessee is allowed

Bench: Shri N. K. Billaiya & Ms Suchitra Kamblesunil Miglani Vs Dcit Kj-2, Kavi Nagar Central Circle New Delhi Ghaziabad (Appellant) (Respondent)

capital gains and exemptions are distinct and separate and one does not override the other. Section 54F is an exemption provisions and a complete code in itself and since it is a complete code in itself, computation of eligible exemption has to be worked out within its framework as far as possible and deeming fiction contained in any other provision