INDUS TOWERS LIMITED (FORMERLY KNOWN AS BHARTI INFRATEL LTD AND AS SUCCESSOR IN INTEREST OF ERSTWHILE INDUS TOWER LTD) ,GURUGRAM, HARYANA vs. DCIT, CIRCLE 12(1), NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Shri M. Balaganesh & Shri Vimal Kumarindus Towers Ltd (Formerly Vs. Dcit, Known As Bharti Infratel Ltd), Circle-12(1), 4Th Floor, Dlf Cybercity, New Delhi Building No. 10, Tower A, Dlf Qe, So Gurgaon, Haryana (Appellant) (Respondent) Pan: Aadcv0274F Acit, Vs. Indus Towers Ltd, 4Th Floor, Dlf Cybercity, Central Circle-10, New Delhi Gurgaon, Haryana (Appellant) (Respondent) Pan: Aadcv0274F Indus Towers Ltd (Formerly Vs. Dcit, Known As Bharti Infratel Ltd), Circle-12(1), 4Th Floor, Dlf Cybercity, New Delhi Building No. 10, Tower A, Dlf Qe, So Gurgaon, Haryana (Appellant) (Respondent) Pan: Aadcv0274F Assessee By : Shri Ajay Vohra, Sr. Adv Shri Rohit Jain, Adv Shri Deepesh Jain, Adv Ms. Shaurya Jain, Ca Revenue By: Shri Mukesh Kumar Jain, Cit Dr Date Of Hearing 12/09/2024 Date Of Pronouncement 10/12/2024

capital gain u/s 45 of the Act on the impugned transfer. In facts of the case it is observed that appellant has transferred specified telecom assets under the scheme of arrangement approved by the Hon'ble Delhi High Court under Section 391

INDUS TOWERS LTD.,GURGAON vs. DCIT CIRCLE 12(1), NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Shri M. Balaganesh & Shri Vimal Kumarindus Towers Ltd (Formerly Vs. Dcit, Known As Bharti Infratel Ltd), Circle-12(1), 4Th Floor, Dlf Cybercity, New Delhi Building No. 10, Tower A, Dlf Qe, So Gurgaon, Haryana (Appellant) (Respondent) Pan: Aadcv0274F Acit, Vs. Indus Towers Ltd, 4Th Floor, Dlf Cybercity, Central Circle-10, New Delhi Gurgaon, Haryana (Appellant) (Respondent) Pan: Aadcv0274F Indus Towers Ltd (Formerly Vs. Dcit, Known As Bharti Infratel Ltd), Circle-12(1), 4Th Floor, Dlf Cybercity, New Delhi Building No. 10, Tower A, Dlf Qe, So Gurgaon, Haryana (Appellant) (Respondent) Pan: Aadcv0274F Assessee By : Shri Ajay Vohra, Sr. Adv Shri Rohit Jain, Adv Shri Deepesh Jain, Adv Ms. Shaurya Jain, Ca Revenue By: Shri Mukesh Kumar Jain, Cit Dr Date Of Hearing 12/09/2024 Date Of Pronouncement 10/12/2024

capital gain u/s 45 of the Act on the impugned transfer. In facts of the case it is observed that appellant has transferred specified telecom assets under the scheme of arrangement approved by the Hon'ble Delhi High Court under Section 391

ACIT , CIRCLE 10, NEW DELHI vs. INDUS TOWER LIMITED, GURGAON

In the result, the appeal of the revenue is dismissed

Bench: Shri M. Balaganesh & Shri Vimal Kumarindus Towers Ltd (Formerly Vs. Dcit, Known As Bharti Infratel Ltd), Circle-12(1), 4Th Floor, Dlf Cybercity, New Delhi Building No. 10, Tower A, Dlf Qe, So Gurgaon, Haryana (Appellant) (Respondent) Pan: Aadcv0274F Acit, Vs. Indus Towers Ltd, 4Th Floor, Dlf Cybercity, Central Circle-10, New Delhi Gurgaon, Haryana (Appellant) (Respondent) Pan: Aadcv0274F Indus Towers Ltd (Formerly Vs. Dcit, Known As Bharti Infratel Ltd), Circle-12(1), 4Th Floor, Dlf Cybercity, New Delhi Building No. 10, Tower A, Dlf Qe, So Gurgaon, Haryana (Appellant) (Respondent) Pan: Aadcv0274F Assessee By : Shri Ajay Vohra, Sr. Adv Shri Rohit Jain, Adv Shri Deepesh Jain, Adv Ms. Shaurya Jain, Ca Revenue By: Shri Mukesh Kumar Jain, Cit Dr Date Of Hearing 12/09/2024 Date Of Pronouncement 10/12/2024

capital gain u/s 45 of the Act on the impugned transfer. In facts of the case it is observed that appellant has transferred specified telecom assets under the scheme of arrangement approved by the Hon'ble Delhi High Court under Section 391

INDUS TOWERS LTD.,GURUGRAM, HARYANA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 12(1), NEW DELHI, NEW DELHI

In the result, appeal of the Revenue is dismissed

capital gain u/s 45 of the Act on\nthe impugned transfer. In facts of the case it is observed that\nappellant has transferred specified telecom assets under the\nscheme of arrangement approved by the Hon'ble Delhi High\nCourt under Section 391

DY. COMMISSIONER OF INCOME TAX CIRCLE 10(1), DELHI, CR BUILDING vs. INDUS TOWERS LIMITED, GURGRAM

In the result, appeal of the Revenue is dismissed

capital gain u/s 45 of the Act on\nthe impugned transfer. In facts of the case it is observed that\nappellant has transferred specified telecom assets under the\nscheme of arrangement approved by the Hon'ble Delhi High\nCourt under Section 391

Date of order: 9th November, 2011 vs. ASHA DALMIA

Capital Gains”. He accordingly held that the judgment of the Delhi High Court in Bawa Charan Singh versus CIT, (supra) was not applicable while the decision of the Allahabad High Court in CIT versus Gulab Chand, (1991) 192 ITR 495 was applicable. 7. CIT (Appeals) in his order dated 3rd September, 1996 examined the question of tenancy rights and whether

SIEL LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals filed by the Revenue for AYs 2006-07, 2012-

Bench: Shri Satbeer Singh Godara & Shris.Rifaur Rahman

Capital Gains” on transfer of land to M/s Shivaji Marg Properties Limited and investments to M/s Siel Holdings Limited pursuant to a Scheme of Arrangement sanctioned under sections 391

DCIT (LTU), NEW DELHI vs. M/S. MAWANA SUGAR LTD., NEW DELHI

In the result, all the appeals filed by the Revenue for AYs 2006-07, 2012-

Bench: Shri Satbeer Singh Godara & Shris.Rifaur Rahman

Capital Gains” on transfer of land to M/s Shivaji Marg Properties Limited and investments to M/s Siel Holdings Limited pursuant to a Scheme of Arrangement sanctioned under sections 391

SIEL LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals filed by the Revenue for AYs 2006-07, 2012-

Bench: Shri Satbeer Singh Godara & Shris.Rifaur Rahman

Capital Gains” on transfer of land to M/s Shivaji Marg Properties Limited and investments to M/s Siel Holdings Limited pursuant to a Scheme of Arrangement sanctioned under sections 391

ASHUTOSH GUPTA,GHAZIABAD vs. DCIT, CIRCLE-1, GHAIZABAD

In the result, the appeal of the assessee is allowed

Bench: Shri G.S. Pannu, Vice- & Shri Challa Nagendra Prasadassessment Year: 2013-14

Section. It is not the case whereby revising the computation the assessee had claimed some extra loss in fact he has reduced the loss earlier claimed. The Ld. A.O. had accepted the revised computation made by the assessee and the learned Commissioner (Appeals) made the disallowance misinterpreting the facts of the case. 18. Heard rival contentions and perused the orders

COMMISSIONER OF INCOME TAX vs. MEERA CHATTERJEE

gains. It was also held that Section 10(3) is not applicable as an amount received on surrender of tenancy rights is not a casual and non-recurring 2011:DHC:5667-DB ITA No. 341/2003 Page 3 of 15 receipt, but a capital receipt. 5. The Revenue preferred an appeal before the Income Tax Appellate Tribunal (tribunal, for short), which

ACIT, CIRCLE-18(2), NOIDA vs. NOIDA TOLL BRIDGE CO. LTD., NOIDA

In the result, appeal of the assessee is allowed

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

gains an amount which, by no stretch of imagination, can be said to have accrued to the assessee or been received by him and it must be confined to cases where the actual consideration received for the transfer is understated and since in such cases it is very difficult, if not impossible, to determine and prove the exact quantum

ACIT, CIRCLE-18(2), NOIDA vs. NOIDA TOLL BRIDGE CO. LTD., NOIDA

In the result, appeal of the assessee is allowed

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

gains an amount which, by no stretch of imagination, can be said to have accrued to the assessee or been received by him and it must be confined to cases where the actual consideration received for the transfer is understated and since in such cases it is very difficult, if not impossible, to determine and prove the exact quantum

ACIT, CIRCLE-18(2), NOIDA vs. NOIDA TOLL BRIDGE CO. LTD., NOIDA

In the result, appeal of the assessee is allowed

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

gains an amount which, by no stretch of imagination, can be said to have accrued to the assessee or been received by him and it must be confined to cases where the actual consideration received for the transfer is understated and since in such cases it is very difficult, if not impossible, to determine and prove the exact quantum

ACIT, CIRCLE-18(2), NOIDA vs. NOIDA TOLL BRIDGE CO. LTD., NOIDA

In the result, appeal of the assessee is allowed

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

gains an amount which, by no stretch of imagination, can be said to have accrued to the assessee or been received by him and it must be confined to cases where the actual consideration received for the transfer is understated and since in such cases it is very difficult, if not impossible, to determine and prove the exact quantum

ACIT, CIRCLE-18(2), NOIDA vs. NOIDA TOLL BRIDGE CO. LTD., NOIDA

In the result, appeal of the assessee is allowed

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

gains an amount which, by no stretch of imagination, can be said to have accrued to the assessee or been received by him and it must be confined to cases where the actual consideration received for the transfer is understated and since in such cases it is very difficult, if not impossible, to determine and prove the exact quantum

ACIT, CIRCLE-18(2), NOIDA vs. NOIDA TOLL BRIDGE CO. LTD., NOIDA

In the result, appeal of the assessee is allowed

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

gains an amount which, by no stretch of imagination, can be said to have accrued to the assessee or been received by him and it must be confined to cases where the actual consideration received for the transfer is understated and since in such cases it is very difficult, if not impossible, to determine and prove the exact quantum

FRONTLINE SECURITIES LIMITED,NEW DELHI vs. DCIT CPC, NEW DELHI

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

Bench: Sh. Anil Chaturvedi & Shri Narender Kumar Choudhary(Respondent) Assessee By --None-- Revenue By Shri M. Baranwal, Sr. D.R. Date Of Hearing: 03.08.2022 Date Of Pronouncement: 05.08.2022 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.07.2020 Of The Commissioner Of Income Tax (Appeals)-3, New Delhi Relating To Assessment Year 2018-19. 2. The Relevant Facts As Culled From The Material On Records Are As Under :

capital gains and the assessee pays the whole of the amount of tax payable in remaining installments of advance tax which are due and approved the levy of an interest of Rs. 3,65,391/- under section