SMT. ANITA MIGLANI,GHAZIABAD vs. ITO, GHAZIABAD

In the result, appeal of the assessee is allowed

Bench: Ms Suchitra Kamble & Shri O. P. Meena

gains and the same does not extend to the charging section or the exemptions to the charging section. The legislature consciously intended to apply the fiction under Section 50C only to the expression used in section 48 and not in any other place. Section 50C has no effect for calculating exemption u/s 54F. The long term capital

UMA DUTT PALIWAL PROP.,PANIPAT vs. ADDL. CIT, PANIPAT

In the result appeal of the assessee is allowed

Bench: Shri J. Sudhakar Reddy & Sh. Sudhanshu Srivastavaay: 2008-09 Uma Dutt Paliwal, Vs Addl. Cit, Prop. Paliwal Home Furnishing, Karnal. Panipat. (Appellant) (Respondent) Appellant By: Shri Gurjeet Singh, Ca Respondent By: Shri O.P.Meena, Sr. Dr

capital gains under Section 48. By the Explanatory notes to the amendment it was clarified that - Section 50C is a special

DHARA SINGH,GHAZIABAD vs. ITO, WARD-1(2), GHAZIABAD

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

Bench: Shri H.S. Sidhu & Shri T.S. Kapooray: 2012-13 Dhara Singh Ito, Ward 1(2), C/O Rupinder Kumar Vs. Ghaziabad Aggarwal, Uttar Pradesh Advocate, Ab-1A/22, Sector-51, Noida -201301 (Pan: Czjps0155A) (Assessee) (Respondent)

capital gains under Section 45 of the Act. From the aforesaid, it is apparently clear that the transfer of the property took place in the year 2001 when the provision of Section 50C

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)

gains and the same does not extend to the charging section or the exemptions to the charging section. The legislature 4 consciously intended to apply the fiction under Section 50C only to the expression used in section 48 and not in any other place. Section 50C has no effect for calculating exemption u/s 54F. The long term capital

PREM NATH,NEW DELHI vs. ITO, NEW DELHI

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

gains mentioned in section 50C (1) are applicable to section 48 and not exemption provisions as mentioned in section 54 to section 54F. 5 ITA No.1659/Del./2013 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

NARENDRA KUMAR SINGH,NEW DELHI vs. ACIT, CENTRAQL CIRCLE-15, , NEW DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Bhavnesh Saini & Shri O.P. Kantassessment Year: 2013-14 Shri Narendra Kumar Singh, Vs. Asstt. Commissioner Of C/O- Vivek Bansal, 2Nd Floor, Income Tax, B-3/4, Safdarjung Enclave, Central Circle-15, New Delhi New Delhi Pan :Akmps8087M (Appellant) (Respondent) Appellant By S/Shri I.P. Bansal & Vivek Bansal, Advocates Respondent By Smt. Rinku Singh, Sr.Dr

section 50C of the Act, the sale consideration for the purpose of computing capital 3 gain, was to be taken

ANITA MIGLANI,GHAZIABAD vs. DCIT, GHAZIABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Dr. B.R.R. Kumar

gains and the same does not extend to the charging section or the exemptions to the charging section. The legislature consciously intended to apply the fiction under Section 50C only to the expression used in section 48 and not in any other place. Section 50C has no effect for calculating exemption u/s 54F. The long term capital

SMT. RANJANA GARG,NEW DELHI vs. DCIT, NEW DELHI

In the result, the CO of the assessee is allowed and

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaranjana Garg, Vs Dcit 141, Sunder Nagar, Central Circle 12, New Delhi. Jhandewalan Aanpg3625Q Extn., New Delhi. Ranjana Garg, Vs Dcit 141, Sunder Nagar, Central Circle 12, New Delhi. Jhandewalan Aanpg3625Q Extn., New Delhi. Acit Vs Amita Garg, Central Circle 12, G-15, Maharani Bagh, New Delhi. New Delhi. Aadpg0990L Acit Vs Amita Garg, Central Circle 12, G-15, Maharani Bagh, New Delhi. New Delhi. Aadpg0990L

capital gain in pursuance to section 2(47)(vi) and section 50C of the Act by considering the transfer of shares

GURBAKSHISH SINGH BATRA,NEW DELHI vs. PR. CIT - 12, NEW DELHI

In the result, the appeal filed by the assessee is allowed

Bench: Shri R.K. Panda & Shri N.K. Choudhryassessment Year: 2016-17 Gurbakshish Singh Batra, Vs Pr.Cit-12, E-1511, Wazir Nagr, New Delhi. Kotla Mubarakpur, New Delhi. Pan: Adspb2480J (Appellant) (Respondent) Assessee By : Shri R.S. Singhvi, Ca Revenue By : Shri Shashi Bhushan Sukla, Cit, Dr Date Of Hearing : 15.02.2022 Date Of Pronouncement : 31.03.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22Nd March, 2021 Of The Pcit, Delhi-12, Passed U/S 263 Of The It Act For The Assessment Year 2016-17. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 6Th October, 2016 Declaring The Total Income At Rs.44,86,160/-. The Return Was Processed U/S 143(1) Of The It Act. Subsequently, The Case Of The Assessee Was Selected For ‘Limited Scrutiny’ Based On The Following Reasons:-

Section 50C of the Act. The Assessing Officer has not made any disallowance u/s 50C of the Act. She further noted that the assessee got possession of land on 26.11.2015, the lease deed was registered on 21.01.2016 and sold the same on 16.02.2016. The period of holding was less than 36 months and, therefore, 2 the Capital Gain

NOIDA CYBER PARK PVT LTD,NEW DELHI vs. ITO WARD - 18(4), NEW DELHI

In the result, the appeal of the assessee is allowed as above

Bench: Shri G.S. Pannu & Shri Sudhanshu Srivastavaay : 2015-16

Section 50C of the Act be not invoked for the purpose of computation of Capital Gains. Notably, Section 50C(1) of the Act provides

ANALJIT SINGH,DELHI vs. DCIT, CIRCLE- 16(2), DELHI

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

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

50C of the Act was already on the statute prior to the former section being incorporated in the Act. If section 50D of the Act was sufficient to capture the situation as in the present case, then there was no necessity to insert provision of Section 50CA of the Act in the statute by the Finance Act, 2017 w.e.f

LALIT MOHAN GUPTA,DELHI vs. ITO, NEW DELHI

In the result, the Appeal filed by the Assessee stand allowed

Bench: Shri H.S. Sidhua.Y. : 2009-10 Lalit Mohan Gupta Vs. Ito, Ward 20(4), D-125, Mahendru New Delhi Enclave, Delhi – 110009 (Pan: Ahtpg3030A) (Appellant) (Respondent)

Section 50C of the I.T. Act, the value adopted by the stamp valuation authority shall be deemed to be the full value of the consideration received as a result of such transfer he accepted the claim of deduction u/s. 54B but made the addition of Rs. 27,16,668/- on account of capital gain

SHRI BALAJI INDUSTRIES COMPLEX,BADAUN vs. CIT, MORADABAD

In the result, the appeal of the assessee stands allowed

Bench: Shri N.K.Billaiya & Shri Sudhanshu Srivastavaassessment Year: 2009-10 Balaji Industries Complex, Cit, Ismailpur, Moradabad-244001 Vs Badaun. (Pan: Abefs3007Q) Appellant Respondent Assessee By: Mr. Abhinav Mehrotra, Adv. Department By: Smt. Meeta Singh C.I.T. Dr Date Of Hearing: 19.06.2018 Date Of Pronouncement: 17.09.2018

Gains on Sale of BUILDING as per provisions of Section 50C, when the same constitutes DEPRICIABLE ASSETS and forms part of BLOCK of ASSETS, hence provision of Section 50C has no application, thereto. 6.2 Because Without Prejudice the learned Pr. CIT Moradabad, grossly erred in Law in directing the AO to calculate Capital

BETTER OPTION ESTATES PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.N. Chary

section 50C for the purpose of computation of capital gains. Assessee disputed the proposal made by the Ld. AO basing

MANOJ MITTAL,DELHI vs. ACIT, NEW DELHI

Appeal is dismissed

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

capital gains (section 50C), business profits (section 43CA) and other sources (section 56) arising out of transactions in immovable property

ANURAG TYAGI,GHAZIABAD vs. ITO, WARD- 1(1), GHAZIABAD

In the result, the appeal of the assessee is allowed

Bench: Sh. N. K. Saini, Hon’Ble & Ms. Suchitra Kambleita No. 2626/Del/2018 : Asstt. Year : 2009-10 Anurag Tyagi, Vs Income Tax Officer, S/O R B Tyagi, Flat No. 303, Ward-1(1), Super Tech, Avant Grade Plot Ghaziabad No. 1, Sector-5, Vaishali, Ghaziabad (Appellant) (Respondent) Pan No. Aagpt6848P Assessee By : Sh. Anup Sharma, Adv. & Sh. Sanjay Prasar, Adv. Revenue By : Sh. Surendra Pal, Sr. Dr Date Of Hearing : 19.09.2018 Date Of Pronouncement : 27.11.2018 Order Per N. K. Saini: This Is An Appeal By The Assessee Against The Order Dated 09.01.2018 Of Ld. Cit(A), Ghaziabad.

section 54 of I.T. Act itself, but also skipped the written submission dated 24/11/2016, 28/11/2016, dealing extensively the factual- legal aspects, presented before him during the course of assessment proceedings, without his own comments on the issues raised therein is reproduced herein below: A. The computation of long term capital gain u/s 50C

CK INTERNATIONAL PVT LTD,DELHI vs. ITO,WARD-6(1), DELHI

In the result, the appeal of filed by the assessee is allowed

capital gain in terms with\nsub-section (3) of section 50C. Therefore, sub-section\n(1) to section 50C cannot

YOGESH JUNEJA,FARIDABAD vs. ACIT, CIRCLE-29(1), NEW DELHI

In the result, the Appeal filed by the assessee is allowed

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar Usi.T.A. No. 218/Del/2020 (A.Y 2015-16)

Section 50C, in case of transfer of a capital asset being land or building on both, the value adopted or assessed by the stamp valuation authority for the purpose of payment of stamp duty shall be taken as the full value of consideration for the purposes of computation of capital gains