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5 results for “disallowance”+ Section 55Aclear

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Key Topics

Section 50C8Section 153A7Section 143(3)6Section 2636Addition to Income4Disallowance3Section 54B2Section 143(2)2Section 56(2)(vii)2Section 55A

SATYA DHARMA HOTELS PVT LTD,NEW DELHI vs. ITO WARD - 22(4), NEW DELHI

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

ITA 4235/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Jun 2023AY 2015-16

Bench: Shri Chandra Mohan Garg & Shri M. Balaganeshassessment Year: 2015-16 M/S. Satya Dharma Hotels Pvt. Ltd., Ito, Ward-22(4), New Delhi 110002 177, 1St Floor, Vigyan Vihar, New Delhi 110092 Vs. Pan Aahcs 0289 H (Appellant) (Respondent) For Assessee : Shri P.C Yadav, Adv. Shri Shivam Garg, Ca Shri Raghav Sharma, Ca Revenue For : Shri Vipul Kashyap, Sr.Dr Date Of Hearing : 18.04.2023 Date Of Pronouncement : 09.06.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Cit(A)-8, New Delhi Dated 01.03.2019 For Ay 2015-16. 2. The Grounds Of Assessee Are As Follows:- 1. That On The Facts & Circumstances Of The Case & In Law, The Order Passed By Cit (A)-08, New Delhi Is Contrary To The Facts & Bad In Law. 2. I) I Am Not Agreeing With The Computation Of Capital Gain Made By Assessing Officer. Ii) During The Assessment, Sec 55A Of Income Tax Act Has Not Been Considered By Assessing Officer For Valuation Of The Land As Requested By Us. Taking Rate Of Registering Authority & Not Consider The Fair Market Value Which Is Very Low. Iii)The Ld. Ao Has Not Considered The Addition Made During The Year & Added Back In The Income Of The Assessee Company. 4. Demand Calculated By A.O. Is Prejudicial To The Company And, If Appeal Is Not Allowed To Be Proceeded It Amounting To Against The Law.

For Appellant: Shri P.C Yadav, Adv
Section 1Section 50CSection 55A
2

section 55A of Income Tax Act. 6. The disallowance of addition in land of Rs. 2935000 is not tenable and not justified

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

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

ITA 396/DEL/2021[2016-17]Status: DisposedITAT Delhi31 Mar 2022AY 2016-17

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:-

For Appellant: Shri R.S. Singhvi, CAFor Respondent: Shri Shashi Bhushan Sukla, CIT, DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 244ASection 263Section 50C

disallowance of the benefit of indexation. 2.3 That the leasehold right in the land having been acquired by the Appellant upon the date of allotment in terms of section 2(47), the period of holding of such right should be considered from the date of allotment. 2.4 That the Appellant had paid the entire cost in Financial Year

OMPAL,MEERUT vs. ITO WARD - 2(1), M

In the result ground no. 2 of the appeal is allowed

ITA 3986/DEL/2019[2009-10]Status: DisposedITAT Delhi28 Feb 2023AY 2009-10

Bench: Shri Kul Bharat[Assessment Year: 2009-10

Section 54B

section 55A of the Income tax Act and decide the issue on merits. In view of this ground no 1 of the appeal is set aside to the file of AO with above direction to consider the valuation report, if any, submitted by the assessee in above time frame. Needless to say that the AO was required to give proper

VINOD ANAND,FARIDABAD vs. DCIT, CIRCLE-II,, FARIDABAD

The Appeal is dismissed ex parte

ITA 639/DEL/2020[2014-15]Status: DisposedITAT Delhi22 Jul 2022AY 2014-15

Bench: Dr. B.R.R.Kumar & Sh. Anubhav Sharmash. Vinod Anand Vs. Dcit, House No. 2288, Circle-Ii, Sector-9, Faridabad Faridabad, Haryana (Appellant) (Respondent)

Section 139(1)Section 143(3)

disallowed indexed cost of construction for Rs.27,88,975/-. During the appellate proceedings, the appellant has furnished additional evidence under Rule 46A in which it was stated that the appellant had constructed a house on the plot in 2006 and sold the same. Through additional evidences the appellant had furnished loan documents from LIC Housing Finance Ltd. as the proof

KUSUM MITTAL ,HARYANA vs. DCIT, CC-1, GURGAON

ITA 808/DEL/2022[2017-18]Status: DisposedITAT Delhi07 Mar 2024AY 2017-18

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

Section 132Section 143(2)Section 153ASection 55ASection 56(2)(vii)

section 56(2)(vii)(b) of the Act. 3.1 That the aforesaid addition has made without opportunity that once no reference was made to the valuation officer u/s 55A of the Act despite specific request by the appellant and therefore addition made is illegal, invalid and void-ab-initio. Prayer It is therefore, prayed that it be held that assessment