BRAHMAPUTRA PROPERTY MANAGEMENT SERVICES PRIVATE LIMITED,NEW DELHI vs. TDS, CPC , GHAZIABAD

In the result, all the appeals filed by the assessees are allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

Property Services Vs. TDS CPC TDS CPC Pvt. Ltd. Ghaziabad – 211010 A-7, Mahipalpur, Brahmaputra House, New Delhi-110037 Delhi (APPELLANT) (RESPONDENT) Appellant by None Respondent by Ms. Rakhi Vimal, SR. DR Date of hearing : 25.08.2020 Date of order : 31.08.2020 ORDER PER R.K PANDA, AM: This batch of appeals filed by the respective assessees are directed against the separate orders

SANJAY JAIN,NEW DELHI vs. ACIT, NEW DELHI

The appeal is partly allowed

Bench: Shri I.C. Sudhir & Shri O.P. Kant Assessment Year: 2010-11 Sanjay Jain, Vs. Acit, Chamber No. 488, Circle 37(1), Delhi High Court Block-Ii. New Delhi. Sher Shah Road, New Delhi. (Pan: Aagpj8607A) (Appellant) (Respondent) Assessee By: Shri Ra Bansal & Smt. Prem Lata Bansal, Adv. Department By : Smt. Anima Barnwal, Dr Date Of Hearing : 21.03.2016 Date Of Pronouncement: 15 :06.2016 Order Per I.C. Sudhir:The Assessee Has Questioned First Appellate Order On The Following Grounds: 1. That The Ld. Cit(A) Has Erred In Law & On Facts In Confirming The Addition Of Rs.16,70,574/- Made By The Assessing Officer To The Long Term Capital Gain Declared By The Assessee At Rs.1,47,823/-. Since The Addition Made By The Assessing Officer Is Contrary To Law & Therefore, Liable To Be Set Aside. 2. That The Ld. Cit(A) Has Erred In Law & On Facts In Ignoring The Cost Of Improvement While Calculating Long Term Capital Gain Earned By The Assessee On Transfer Of Property.

section 55(2) and the term “cost of improvement” has been defined in sec. 55(1)(d). As per the above provisions, cost of any improvement in relation to any capital assets other than good will and manufacturing rights etc. provided in sub-clause (i) 10 means all expenditure of a capital nature incurred in making any additions or alterations

Commissioner of Income Tax – I

house fabrication in addition to inspection at the vendors factory to whom the production or manufacture had been outsourced. Once the goods were received at the Noida unit, they were examined and assembled and tested. Rust protection was undertaken. Big assemblies were disassembled and repacked. Small assemblies were packed as such. Thereupon, the goods were exported from India and erected