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

1) of section 50C exceeds the fair market value of the property as on the date of transfer, therefore, the case of the assessee was covered by the provision of clause (a) of sub-section (2) of section 50C. The addition made by the AO is in complete disregard of Section 50C (2)(a) and CIT(A) also has failed

SMT. ANITA MIGLANI,GHAZIABAD vs. ITO, GHAZIABAD

In the result, appeal of the assessee is allowed

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

50C has no effect for calculating exemption u/s 54F. The long term capital gain exemption is admissible u/s 54F(1)(b) of the Act as per working provided by the assessee wherein total taxable gain is Rs.2,68,830/- only. Deeming fiction created in Section

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

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)

50C has no effect for calculating exemption u/s 54F. The long term capital gain exemption is admissible u/s 54F(1)(b) of the Act as per working provided by the assessee wherein total taxable gain is Rs.2,68,830/- only. Deeming fiction created in Section

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)

1 and 2 of the appeal of the assessee relates to addition of long-term capital gain and short-term capital gain arising from transfer of leasing rights of the land located at Silliguri and Darjeeling. The Ld. CIT(A) held the leasing of the land as in the nature of ‘transfer’ in terms of provisions of section

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)

1 and 2 of the appeal of the assessee relates to addition of long-term capital gain and short-term capital gain arising from transfer of leasing rights of the land located at Silliguri and Darjeeling. The Ld. CIT(A) held the leasing of the land as in the nature of ‘transfer’ in terms of provisions of section

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 shall be computed on the basis of such consideration under section 48 of the Income-tax Act. The scope of section 50C was extended w.e.f A.Y. 2010-11 to the transaction which were executed through agreement to sell or power of attorney by inserting the word "assessable" along with words "the value so adopted or assessed". Hence, section

SHANKAR DAYAL HUF,NEW DELHI vs. ITO,WARD-30(7), DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

capital gain in terms with sub-section (3) of section 50C. Therefore, sub-section (1) to section 50C cannot be 8 Shankar

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)

1) and sub-sections (6) and (7) of section 23A sub- section (5) of section 24, section 34 A A. section 35 and section 37 of the Wealth-tax, Act, 1967 (27 of 1957) shall, with necessary modifications, apply in relation to such reference as they apply in “12. As far as the first question is concerned, this Court notices

INDER JEET MALIK ,DELHI vs. ADIT CENTRAL CIRCLE-71(1), DELHI

In the result, the appeal is allowed, as indicated above

Bench: Shri Saktijit Deyassessment Year: 2019-20

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

SUDESH SACHDEV ,DELHI vs. DCIT CENTRAL CIRCLE 15, DELHI

In the result appeal is allowed as indicated above

Bench: Shri Saktijit Deyasstt. Year : 2019-20 Sudesh Sachdev, Vs. Dcit, 147, Ground Floor, Central Circle- 15 Lodhi Road Jorbagh, Delhi. New Delhi 100 003 Pan Ablps5027M (Appellant) (Respondent)

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

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

50C has no effect for calculating exemption u/s 54F. The long term capital gain exemption is admissible u/s 54F(1)(b) of the Act as per working provided by the assessee wherein total taxable gain is Rs.2,68,830/- only. Deeming fiction created in Section

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 as transfer of ownership of the land. The AO further disallowed an amount of Rs. 1

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

gains” u/s 45(1) of the Act has to be computed by deducting from the full value of consideration “received” or “accruing” as a result of transfer of the capital assets. The terms used in section 48 are the full value of consideration 39 | P a g e I.T.A .No.-4737/Del/2017 “received” or “accruing”, which connotes to the actual

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, the sale consideration or stamp duty value, whichever is higher is adopted. The difference is taxed as income both in the hands of the (Manoj Mittal) purchaser and the seller. It has been pointed out that this variation can occur

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 is merely on the basis of surmises & conjectures and not sustainable under law. 4 That order u/s 263 is not sustainable on facts and under the law as the same is not erroneous or prejudicial to the interest of revenue.” 6. The ld. Counsel for the assessee strongly challenged the order of the PCIT in invoking her revisional

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)

capital gains. The case in fact has been adjourned to 1.12.2011 for want of confirmation of the cash creditors, the appellant attended the office of the assessing officer on that date and thereafter, but was told that the assessment file is with the additional commissioner of income tax and thus no 2 A.Y. 2009-10 opportunity has been given

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.

1) of I.T. Act, yet the purchase took place only on 23/06/2007, the date on which purchase deed was registered. ON MERITS That at the outset, I would like to assert that disallowance of claim for exemption amounting to Rs. 2128200/- u/s 54 of I. T. Act has been made on technical and illogical grounds. That in doing