LAND ACQUISTION OFFICE,GURGAON vs. DCIT (TDS), GURGAON

In the result, all the three appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

194A will not be attracted. 7.2 It has also been urged in the additional grounds that interest on enhanced compensation under section 28 of LA Act, being an integral part of consideration is exempt from capital gains

LAND ACQUISTION OFFICE,GURGAON vs. DCIT (TDS), GURGAON

In the result, all the three appeals of the assessee are allowed

Bench: Shri N.K. Billaiya & Ms. Astha Chandra

194A will not be attracted. 7.2 It has also been urged in the additional grounds that interest on enhanced compensation under section 28 of LA Act, being an integral part of consideration is exempt from capital gains

ACIT CIRCLE-28(1), NEW DELHI vs. MODESTY GARMENTS, NEW DELHI

In the result, the appeal of the Revenue stands dismissed

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2014-15 Acit Vs. M/S Modesty Garments, Circle-28(1), B-304, New Friends Colony, New Delhi. New Delhi – 110 065 Pan Aaafm1598F (Appellant) (Respondent)

capital gain of Rs. 206,25,643/- as computed by AO in remand report ignoring the fact that assessee failed to substantiate the claim?” 3. The cross objection filed by the assessee is in support of the order of the Ld. CIT(A). 4. Facts in brief are that the assessee is a firm of six partners engaged

VACHASPATI SHARMA,GURGAON vs. ITO WARD -4(1), GURGAON

In the result, the appeal of the assessee is dismissed

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2019-20 Vachaspati Sharma Vs Ito Village – Hayatpur Garhi Ward-4 Harsaru, Hayatpur, Gurgaon Gurgaon Pan No.Fnqps2021R (Appellant) (Respondent) Appellants By Sh. Suraj Bhan Nain, Advocate Sh. K.L. Pahwa, Advocate Respondent By Ms. Sapna Bhatia, Cit Dr Date Of Hearing: 11/09/2024 Date Of Pronouncement: 21/11/2024 Order Sh. Sudhir Kumar, Jm :

gain arising from compulsory acquisition of agricultural land being capital asset is exempt from tax u/s 10(37) of the Act. 7. It is submitted that where an agricultural land is acquired for public purposes by the Government, the Land Acquisition Authority (Collector) award compensation to the landowner under the Land Acquisition Act. In cases, where a landowner files reference

LAND ACQUISITION OFFICE,GURGAON vs. DCIT, (TDS), GURGAON

Appeal is allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri M. Balaganeshassessment Year: 2013-14 Vs. Dcit (Tds), Land Acquisition Officer, Huda Complex, Sector-14, Gurgaon Gurgaon Pan :Rtklo0706G (Appellant) (Respondent) Assessee By None Department By Ms. Jaya Choudhary, Cit(Dr)

194A will not be attracted. 7.2 It has also been urged in the additional grounds that interest on enhanced compensation under section 28 of LA Act, being an integral part of consideration is exempt from capital gains

SUBHASH CHAND DHINGRA ,GURGAON vs. ACIT CENTRAL CIRCLE-3(1), GURGAON

The appeals are dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

194A. Earlier while filing the Original Return, the Interest received on Enhanced Compensation was offered for taxation under section 56 (2)(viii) in income from other sources and 50% deduction was claimed as per Section 57(iv) but later on there was judgment of Hon‟ble Supreme Court in the case of Union of India Vs. Hari Singh and others

SATISH KUMAR DHINGRA ,HARYANA vs. ACIT CIRCLE-4(1), GURGAON

The appeals are dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

194A. Earlier while filing the Original Return, the Interest received on Enhanced Compensation was offered for taxation under section 56 (2)(viii) in income from other sources and 50% deduction was claimed as per Section 57(iv) but later on there was judgment of Hon‟ble Supreme Court in the case of Union of India Vs. Hari Singh and others

ASHOK KUMAR DHINGRA ,GURGAON vs. ACIT CIRCLE-1(1), GURGAON

The appeals are dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

194A. Earlier while filing the Original Return, the Interest received on Enhanced Compensation was offered for taxation under section 56 (2)(viii) in income from other sources and 50% deduction was claimed as per Section 57(iv) but later on there was judgment of Hon‟ble Supreme Court in the case of Union of India Vs. Hari Singh and others

PRANAV SARAN,NEW DELHI vs. ACIT CIRCLE-32(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Pradip Kumar Kedia

Capital Gains under section 45 of the Income-tax Act, 1961. Interest on the enhanced compensation is to be treated as ‘Income from other sources’ under section 56 of the Income-tax Act, 1961. The AO is directed accordingly.” 6. Before us, ld. counsel for the assessee, Dr. Rakesh Gupta submitted that insofar as the interest on enhanced compensation

PUNJAB NATIONAL BANK,DELHI vs. DCIT, CIRCLE-19(1), DELHI

In the result, appeal of assessee in ITA No

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

section 194A on sale of such properties of defaulting borrowers for recovery of dues, has been offered to tax though not as Income from Capital Gains

DCIT, CIRCLE - 19(1), DELHI vs. PUNJAB NATIONAL BANK, MAHARASHTRA

In the result, appeal of assessee in ITA No

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

section 194A on sale of such properties of defaulting borrowers for recovery of dues, has been offered to tax though not as Income from Capital Gains

GULSHAN KUMAR ,FATEHABAD vs. PR. CIT, ROHTAK

In the result, appeal of the assessee is allowed

Bench: N.K. Billaiya & Ms. Astha Chandraasstt. Year: 2018-19

194A of the Act on the interest of Rs. 2852590/- received as enhanced compensation on the compulsory acquisition of his agricultural land. He further found that in the return of income the assessee has claimed interest of Rs. 2852590/- as exempt. He formed the opinion that the Ld. AO had completed the assessment without carrying out necessary and proper enquiry

PURNIMASAREEN,PANIPAT vs. PR. CIT, ROHTAK

In the result, appeal of the assessee is allowed

Bench: Shri M Balaganesh & Ms. Astha Chandraasstt. Year: 2018-19 Smt. Purnima Sareen Vs. Pr. Cit, 744-745, Model Town, Rohtak Panipat, Haryana-132103 Pan Bokps2116C (Appellant) (Respondent)

194A of the Act. In her return the assessee claimed the said interest as exempt. 8. On perusal of case records, the Ld. PCIT gathered that the Ld. AO had completed the assessment without carrying out necessary and proper enquiry which should have been made regarding applicable judgments on the taxability of interest on enhanced compensation. The Hon’ble Punjab

JAI BHAGWAN,VPO BADSHAHPUR,GURGAON,HR. vs. INCOME TAX OFFICER, GURGAON,HARYANA

The appeal stands allowed and the concurrent findings of the AO and CIT(A) are hereby affirmed

Bench: Ms. Madhumita Roy & Shri Avdhesh Kumar Mishrajai Bhagwan Vs. Income Tax Officer Vpo Badshahpur Income Tax Building Gurgaon Gurugram- 122001 Haryana-122001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Amapb8989P Appellant .. Respondent

194A and previous decisions on the issue laid down the proposition that interest received as income on delayed payment of the compensation determined under Section 28 or 31 of the Acquisition Act is a taxable event being a revenue receipt. [Ref: Para 10 of the order]. 3. The interpretation of the above judgement of the Hon'ble Supreme Court

DCM SHRIIRAM LIMITED,NEW DELHI vs. NEAC, NEW DELHI

section 80 IA of the Act, the\nassessee has also made application for submission of following additional\nevidences under Rule 29 of ITAT:\n\na) Detailed working of enhanced deduction u/s 80-IA of the Act.\nb) Chartered engineer's certificate computing the equivalent value of\nsteam.\nc) Supplementary Form 10CCBs along with power accounts of all the\neligible plants

GUILDART UNIT 2,MORADABAD vs. ACIT-1, MORADABAD

In the result, the appeal filed by the Assessee stands allowed

Bench: Shri Anil Chaturvedi & Shri N.K. Choudhryassessment Year: 2018-19

194A treating these persons as separate from partners and the same also disclosed in Audit Report. 5. Interest @15% has been paid on Unsecured Loans from related parties as we were in dire need of Funds at that time and Finance was not easily available on such a short notice at that time. So we had taken funds from related