Commissioner of Income Tax vs. ECE Industries Limited

gains arising from the transfer 737 of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D, 54E, 54EA, 54EB, 54F

DCIT, NEW DELHI vs. SH. MOHINDER PURI, NEW DELHI

In the result, ITA.No.2310/Del

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

section 54F of the I.T. Act. 43 ITA.Nos.2309 & 2310/Del./2011 Shri Arjun Puri And Shri Mohinder Puri, New Delhi. 5. The Ld. CIT(A), considering the explanation of assessee in the light of material on record held that sale of land was sale of capital asset and the profit was in the nature of capital gain

DCIT, NEW DELHI vs. SH. ARJUN PURI, NEW DELHI

In the result, ITA.No.2310/Del

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

section 54F of the I.T. Act. 43 ITA.Nos.2309 & 2310/Del./2011 Shri Arjun Puri And Shri Mohinder Puri, New Delhi. 5. The Ld. CIT(A), considering the explanation of assessee in the light of material on record held that sale of land was sale of capital asset and the profit was in the nature of capital gain

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)

capital 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

SMT. ANITA MIGLANI,GHAZIABAD vs. ITO, GHAZIABAD

In the result, appeal of the assessee is allowed

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

capital 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

SNEH GUPTA,NEW DELHI vs. ACIT, CIRCLE-32(1), DELHI, DELHI

In the result, the appeal filed by the assessee is allowed on both counts on merit as well as jurisdictional issue raised by the assessee in the additional ground of appeal

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

capital gain assessee deposited Rs.21,92,00,000/- under section 54F in bank account under capital gain scheme. Further, capital

RAMESH CHANDER BHASIN,NEW DELHI vs. ITO WARD - 53(5), NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

Section 54F of the I.T. Act, 1961. The A.O. has denied the exemption of long term capital gains under section

DCIT CENTRAL CIRCLE 05 , DELHI vs. DEEPAK KOTHARI , KANPUR

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

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

54F. (1) Subject to the provisions of sub-section (4), where, in the case of an assessee being an individual or a Hindu undivided family, the capital gain

DEEPAK KATHARI,KANPUR vs. ACIT, CC-5, NEW DELHI

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

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

54F. (1) Subject to the provisions of sub-section (4), where, in the case of an assessee being an individual or a Hindu undivided family, the capital gain

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

capital 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

VINAY CHAUDHARY,PITAMPURA vs. ACIT INT TAX 1(2)(1), DELHI

In the result, the appeal of the assesse is allowed

Bench: “Shri Ramit Kochar & Shri Raj Kumar Chauhan

capital gain earned on sale of shares under section 54F of the Act. To claim the benefit of section 54F

ARUN SHUNGLOO TRUST

gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D, 54E, 54EA, 54EB, 54F

ARUN SHUNGLOO TRUST

gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D, 54E, 54EA, 54EB, 54F

SMT. HARMINDER KAUR,,NEW DELHI vs. ITO,, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri O.P. Kant[Through Video Conferencing]

54F of the IT Act, 1961 CAPITAL GAINS SECTION 54 18 ITA No. 2656/Del./2017 SECTION 54F Secs. 54 and 54F

MANISH TYAGI,GHAZIABAD vs. ITO, GHAZIABAD

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

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) Manish Tyagi, Vs. Ito, House No. 131, Sector-6, Ward-1(4), Chiranjeev Vihar, Ghaziabad Ghaziabad Pan: Acgpt1413J (Appellant) (Respondent)

54F of the Income Tax Act in respect of capital gain of Rs. 56,55,874/-. 9. That the Assessing Officer and the Ld. CIT(A) have erred in not treating the land sold by Mr Ashok Tyagi (non-resident) as agricultural land so as to be outside the ambit of “capital asset” defined in section

KUSUM SAHGAL,GURUGRAM vs. ACIT,CIRCLE-19(2), DELHI

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

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2016-17 Kusum Sahgal, Through Lr Shri Vs. Acit, Circle-19(2), Viney Sagar Sahgal, New Delhi Mg-2002, The Magnolias, Golf Course Road Dlf Phase-V, Gurugram, 122 002 Haryana Pan :Aatps3766J (Appellant) (Respondent)

capital gain arising from sale of land. 2 The revenue authorities finding that assessee had sold undivided share in land and not land plus residential house/apartments rejected assessee's claim for deduction under section 54. 12 3. As regards deduction under section 54F

ITO,WARD-30(1), NEW DELHI vs. VINOD GUGNANI, NEW DELHI

In the result, grounds of Appeal of the Revenue fails, consequently the Appeal filed by the Revenue is dismissed

Bench: Shri B. R. R. Kumar & Sh. Yogesh Kumar U.S.

gains either in purchasing the residential house or in constructing a residential house within the period stipulated in Section 54F(1), if the assessee wants the benefit of Section 54F, then he should deposit the said capital

GOPAL SARAN DARBARI,NEW DELHI vs. ITO, NEW DELHI

In the result, both the appeals of the Assessee are allowed

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

54F cannot be denied even if the deposit in capital gain account was out of borrowed fund and not out of capital gain. It was held that money has no color and all i.e. required is that investment be made in new house within the specified time. 9.5 In the case of K.S. Ramachandran vs ITO (ITAT, Chennai), the ITAT