BHUPINDER SINGH JULKA,NEW DELHI vs. ACIT, CIRCLE-INT. TAX. 2(1)(2), DELHI

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

Bench: Shri Kul Bharat & Shri M. Balaganesh

gains arise out of sale of the property is short term or long term. The objection is accordingly disposed of.” ITA No.-1807/Del/2022 Bhupinder Singh Julka 7. We find that Ld. DRP had directed to AO for deciding the issue afresh after ascertaining as to when the title unto the property was transferred in favour of the assessee

ARUN DWIVEDI,NEW DELHI vs. ACIT, CIRCLE-9(2), NEW DELHI

In the result, the appeal of the assessee is allowed

capital gain was less than the cost of the new property. The addition made by the AO and confirmed by the CIT(A) on this ground was deleted. Regarding the second issue, the Tribunal applied the first and second provisos to Section 56(2)(vii)(b) and deleted the addition, as the stamp duty value on the date of agreement

COMMISSIONER OF INCOME TAX

capital gains tax without the transfer of the property in the relevant previous year within the meaning of Section 2 (47) of the Act. The learned Senior Standing Counsel made a passing mention of Section 53A

ARUNA CHAUDHARY,NEW DELHI vs. ACIT, CENTRAL CIRCLE-26, NEW DELHI

In the result, the appeal of the assessee is allowed

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

53A of the Transfer of Property Act, 1882 New sub clauses (v) and (vi) have been inserted in section 2(47) to prevent avoidance of the capital gain

OM PRAKASH MALHOTRA,NEW DELHI vs. ITO WARD - 30(5), NEW DELHI

Appeal are allowed in terms indicated hereinabove

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat[Assessment Year: 2013-14]

53A of the Transfer of property Act, 1882 ( 4 of 1882). Therefore, date of purchase would be when possession is offered by the builder in the present case. Since the payments made to builder would construe part performance by the assessee. However, without possession he would not be entitled for claiming transfer in terms of Section

DEVIDAYAL ALUMINIUM INDUSTRIES (P) LTD.,NEW DELHI vs. DCIT, GHAZIABAD

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh

capital gains or business income (supra), as the case may be. This is for the precise reason that the corresponding recitals in these three separate development agreements have nowhere assigned or conveyed or transferred any title or possession in favour of the developer attracting section 2(47)(v) of the Act. As rightly pointed out by learned counsel, the assessee

DEVIDAYAL ALUMINIUM INDUSTRIES (P) LTD.,NEW DELHI vs. DCIT, GHAZIABAD

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh

capital gains or business income (supra), as the case may be. This is for the precise reason that the corresponding recitals in these three separate development agreements have nowhere assigned or conveyed or transferred any title or possession in favour of the developer attracting section 2(47)(v) of the Act. As rightly pointed out by learned counsel, the assessee

The Commissioner of Income Tax II

Appeal is dismissed

capital gains which was earned by the assessee. 2014:DHC:3841-DB ITA 117/2014 Page 8 of 14 8. The word „purchase‟ can be given both restrictive and wider meaning. A restrictive meaning would mean transactions by which legal title is finally transferred, like execution of the sale deed or any other document of title. „Purchase‟ can also refer

ANSHU DHAWAN,GURGAON vs. INCOME TAX OFFICER, NFAC

In the result, the appeal of the assessee is allowed

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahmananshu Dhawan, Vs. Income Tax Officer, House No.933, Sector 17B, Delhi. Gurgaon – 122 001 (Haryana). (Pan : Aggpd5365D) (Appellant) (Respondent) Assessee By : Shri Ashwani Kumar, Ca Shri Ankur Agarwal, Ca Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 10.11.2025 Date Of Order : 30.01.2026 O R D E R

Gains" (short/long term depending upon the period of. holding). c) As per section 2(14) of the Act, "Capital Asset" means "property of any kind held by an Assessee, whether or not connected with his business or profession". The rights conferred on the Appellant herein by virtue of the agreement dated 03.04.2014 bestow it with a property i.e. rights akin

BHAGVAT SINGH,KHURJA vs. ITO, WARD- 1(3), BULANDSHAHR

The appeal is dismissed

Bench: Shri Shamim Yahya & Shri Anubhav Sharmabhagvat Singh, Vs. Ito, C/O. Jai Kisha, Adv, 86, Ward-1(3), Nai Basti, Khurja, Aligarh Bulandshahr (Appellant) (Respondent) Pan: Dbwps8579E

53A of the TP Act are not applicable. There was no deemed transfer. 10. Further, when section 2(47) of the Act specifically deals with „sale‟ under clause (i) to section 2(47) and of the „agreement to sale‟ of property under clause (v) then the assessee cannot plead of being covered under clause (ii) of section 2(47) dealing

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), MEERUT, MEERUT vs. PREM SAPRA, NEW DELHI

The appeal of the revenue is dismissed

Bench: Smt. Annapurna Gupta & Ms. Madhumita Royassessment Year: 2021-22

53A ofthe Transfer of Property Act, 1882 (4 of 1882) From such handover letter, it will be observed that the developer has confirmed that no outstanding dues were payable in respect of such flat. This proves that the prescribed condition as per section 54 for making reinvestment in another residential house by 7 ACIT v. Prem Sapra

NDTV WORLDWIDE LTD,NEW DELHI vs. DCIT 18(1), NEW DELHI

Bench: Shri G.S. Pannu & Shri Anubhav Sharmandtv Worldwide Ltd, Vs. Dcit, Okhla Industrial Estate, Circle-18(1), Phase-Ii, New Delhi New Delhi (Appellant) (Respondent) Pan: Aaccn9121G

section 53A of the Transfer of Property Act, 1882. The case of the appellant is of transfer of shares in terms of a Share Purchase Agreement and where the transfer was apparent from the financial statements in as much as that both the number and toe value of shares stood reduced in toe balance sheet, gain from sale of investment

ANJU AHUJA,NEW DELHI vs. PCIT CIRCLE 49(1), NEW DELHI

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

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

capital gains as per the provisions of Section 45 and Section 54F of the Act after keeping in view the rate of property, allowable cost of improvement and allowable deduction. 7. Aggrieved by the setting aside of the assessment order and consequent directions so made, the assessee preferred appeal before the Tribunal. 8. When the matter was called for hearing

AMULYA GUPTA,HARYANA vs. ITO WARD-1(1), FARIDABAD

Appeal of the appellant is dismissed

Bench: Shri Kul Bharat

section 53A of the transfer of tm properties Act, 1882. As the transfer took place on the date of Agreement datec 26/05/2011, which is more than before 3 years from the date of sale i.e. 19/02/2.015. therefore disallowance of capital gain

VISHAL AGGARWAL,DELHI vs. PR,CIT, NOIDA

Bench: Sh. N.K.Billaiya & Sh. Anubhav Sharmaita No. 803/Del/2022, A.Y. 2012-13

capital gain. The relevant observations of Ld. PCIT are reproduced below for convenience :- “As can be seen from the discussion above that the transfer of the impugned property has not taken place at all, between the alleged vendor Smt. Sangita Gupta and the vendee, i.e. the assessee, hence, the question of the alleged purchase by the assessee on 05.08.2009 cannot

DCIT, NEW DELHI vs. M/S OCL INDIA PVT. LTD.,, NEW DELHI

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

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.4068/िद"ी/2015(िन.व. 2007-08) Dalmia Bharat Ltd., (Successor In The Interest Of Ocl India Ltd.) 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ...... अपीलाथ"/Appellant Pan: Aabco-8750-F बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 19(1), C R Building New Delhi 110095 आअसं.3767/िद"ी/2015(िन.व. 2007-08) Assistant Commissioner Of Income Tax, Aayakar Bhawan, Uditnagar, Rourkela, ...... अपीलाथ"/Appellant Dist. Sundargarh, Odisha 769012 बनाम Vs. Dalmia Bharat Ltd., Successor Of Ocl India Ltd., 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ..... "ितवादी/Respondent Pan: Aabco-8750-F

gain on cancellation of forward contract amounting to Rs.92,05,509/- was added back to the total income of the assessee. The assessee carried the issue in appeal before the CIT(A). The CIT(A) held that the provisions of section 43(5) of the Act though not applicable, section 53A of the Act which provides for capitalization

OCL INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.4068/िद"ी/2015(िन.व. 2007-08) Dalmia Bharat Ltd., (Successor In The Interest Of Ocl India Ltd.) 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ...... अपीलाथ"/Appellant Pan: Aabco-8750-F बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 19(1), C R Building New Delhi 110095 आअसं.3767/िद"ी/2015(िन.व. 2007-08) Assistant Commissioner Of Income Tax, Aayakar Bhawan, Uditnagar, Rourkela, ...... अपीलाथ"/Appellant Dist. Sundargarh, Odisha 769012 बनाम Vs. Dalmia Bharat Ltd., Successor Of Ocl India Ltd., 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ..... "ितवादी/Respondent Pan: Aabco-8750-F

gain on cancellation of forward contract amounting to Rs.92,05,509/- was added back to the total income of the assessee. The assessee carried the issue in appeal before the CIT(A). The CIT(A) held that the provisions of section 43(5) of the Act though not applicable, section 53A of the Act which provides for capitalization

ITO WARD-53(3), NEW DELHI vs. ANJU MADHAN, NEW DELHI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

capital gain earned by her to the extent of Rs. 6,68,29,816. During the assessment proceedings, the Assessing Officer (‘AO’) observed that the assessee has taken exemption on the basis of unregistered agreement to purchase that she has entered with Sh, Prateek Madhan (son of assessee) for 25% share of property E-108, Malcha Marg