MAHAVIR TRANSMISSIN LTD ,NEW DELHI vs. DCIT, CENTRAL CIRCLE-25 , NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

house-keeping boy and he was not there at the time when these purchases were made and he was allowed to reside at that premises only in February 2020 onwards which is much after the date when these purchases were made. 65. Similarly, with regard to the statement of Mr. Anil Chander Jain at Dehradun, the appellant company has duly

DCIT, CENTRAL CIRCLE-25, NEW DELHI vs. MAHAVEER TRANSMISSION LTD, NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

house-keeping boy and he was not there at the time when these purchases were made and he was allowed to reside at that premises only in February 2020 onwards which is much after the date when these purchases were made. 65. Similarly, with regard to the statement of Mr. Anil Chander Jain at Dehradun, the appellant company has duly

DCIT, CENTRAL CIRCLE-25, NEW DELHI vs. MAHAVEER TRANSMISSION LTD., NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

house-keeping boy and he was not there at the time when these purchases were made and he was allowed to reside at that premises only in February 2020 onwards which is much after the date when these purchases were made. 65. Similarly, with regard to the statement of Mr. Anil Chander Jain at Dehradun, the appellant company has duly

MAHAVIR TRANSMISSION LTD,NEW DELHI vs. DCIT, CENTRAL CIRCLE-25, NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

house-keeping boy and he was not there at the time when these purchases were made and he was allowed to reside at that premises only in February 2020 onwards which is much after the date when these purchases were made. 65. Similarly, with regard to the statement of Mr. Anil Chander Jain at Dehradun, the appellant company has duly

DCIT, CENTRAL CIRCLE-25, NEW DELHI vs. MAHAVEER TRANSMISSION LTD, NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

house-keeping boy and he was not there at the time when these purchases were made and he was allowed to reside at that premises only in February 2020 onwards which is much after the date when these purchases were made. 65. Similarly, with regard to the statement of Mr. Anil Chander Jain at Dehradun, the appellant company has duly

MANOJ MITTAL,DELHI vs. ACIT, NEW DELHI

Appeal is dismissed

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

House Property”, in the hands of assessee in respect of these properties. However, the Ld. CIT(A) took the view that the assessee was to be treated as owner of the properties u/s 269 UA of Income Tax Act as the assessee had entered into the lease agreement with Sh. N.M. Mittal for a period of 30 years in respect

FASHION GROUP INTERNATIONAL,PANIPAT vs. ACIT, CIRCLE, PANIPAT

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

1 A) and 49 of the 1908 Act and at the same time, the transaction would not fall under Section 2(47)(v) of the Act." This case has been confirmed by the Hon’ble Supreme Court in the case (ii) CIT Vs. Balbir Singh Maini, CIA 15619/2017, dt. 04.10.2017 (SC) “there is no contract

ARTI DEVI CHAND,NEW DELHI vs. ITO WARD - 53(5), NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

house have been constructed by father of the assessee and what is the source of construction raised in the property in question by father of the assessee. It merely says that property in question have been mutated in the name of father of assessee after purchasing the same. These facts clearly show that assessee never disclosed that property in question

SMT. ANITA MIGLANI,GHAZIABAD vs. ITO, GHAZIABAD

In the result, appeal of the assessee is allowed

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

property by adopting deemed sale 2 I.T.A No. 2235/Del/2016 value under section 50C of the Act at a figure of Rs. 64,07,515/- and further to calculate the long term capital gain of Rs. (-) 41,57,485 by adopting full value of consideration received thereby observing that the deduction under section 54F and 54(1 )(a) would

VIJAY KUMAR ,MEERUT vs. DCIT,CC, GZBD

In the result, both appeals of the different assessees are allowed

Bench: Shri Shamim Yahya & Shri Anubhav Sharma[Assessment Year: 2017-18]

House No.4, Krishna Garden Central Circle, Ganga Nagar, Vs Ghaziabad Meerut, Uttar Pradesh-250001 PAN-ARGPK9170J Assessee Revenue Assessee by Sh. Ajay Wadhwa, Adv & Ms. Ayushi Gupta, CA Revenue by Sh. T. Kipgen, CIT-DR Date of Hearing 04.05.2023 Date of Pronouncement 11.05.2023 ORDER PER SHAMIM YAHYA, AM, These are appeals by two assessees directed against the respective orders

VINIT KUMAR ,MEERUT vs. DCIT,CC, GHAZIABAD

In the result, both appeals of the different assessees are allowed

Bench: Shri Shamim Yahya & Shri Anubhav Sharma[Assessment Year: 2017-18]

House No.4, Krishna Garden Central Circle, Ganga Nagar, Vs Ghaziabad Meerut, Uttar Pradesh-250001 PAN-ARGPK9170J Assessee Revenue Assessee by Sh. Ajay Wadhwa, Adv & Ms. Ayushi Gupta, CA Revenue by Sh. T. Kipgen, CIT-DR Date of Hearing 04.05.2023 Date of Pronouncement 11.05.2023 ORDER PER SHAMIM YAHYA, AM, These are appeals by two assessees directed against the respective orders

PRADEEP WIG,NEW DELHI vs. ACIT CENTRAL CIRCLE-5, NEW DELHI

The appeals of the Revenue are dismissed

Bench: Shri M. Balaganesh & Shri Anubhav Sharma

house or flat) and owned by a ‘non- natural person’ (NNP). A non-natural person is a corporate entity, such as a company, limited liability partnership, trust or investment scheme. To be classed as a dwelling, the property must be: • Used exclusively or in part as a residence • In the process of being adapted or constructed as a residence

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.

50C of I. T. Act 1961 is as under: That the assessee sale of immovable property (residential House No. 63, 64) on 30/04/2008, Smart Place Colony, Garh Road, Meerut. Smart Place Colony, Garh Road, Meerut Rs.3500000/- That the purchase of Plot on 27/03/1987 of Rs. 67500/- Thus the index cost as per chart enclosed(-) Rs. 1609907/- Rs. 1890093/- That

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)

house. The properties were sold for a total value of Rs.2,60,61,000/- while the stamp duty paid on a total value of Rs.4,71,91,000/-. The capital gain on the sale of the property was claimed as exempt by the assessee in view of the provisions contained in Section 54F(1)(b) of the Act. The Assessing

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:-

1,20,000 Second Payment made on 26/05/1998 94,500 First Payment made on 22/ 07/2004 8,35,500 Total Cost of Acquisition of Leasehold 10,50,000 Rights  On 26/11/2015, the physical possession of the plot was allotted.  On 04/02/2016, a Perpetual Lease Deed was executed in conformity with allotment of plot for consideration

SHRI JASTINDER SINGH VEDI,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2006-07 Vs. Dcit, Circle-25(1), New Delhi Sh. Jastinder Singh Vedi, 24/55, Punjabi Bagh (West), New Delhi Pan : Aaepv4136E (Appellant) (Respondent) Appellant By S/Sh. R.S. Singhvi & Satyajit Goel, Adv. Respondent By Sh. Umesh Chand Dubey, Sr.Dr Date Of Hearing 15.05.2017 Date Of Pronouncement 19.05.2017 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against The Order Dated 24.02.2011Of Learned Cit(A)-Viii, New Delhi, Raising The Following Grounds Of Appeal: “1. The Lower Authorities Had Erred In Not Appreciating That The Plot Of Land No. A-2/204, Paschim Vihar, Delhi Measuring 167 Sq. Mtrs. Allotted By Dda In Public Auction On 11.3.2002 Was Not Comparable To The First Floor Of House No. 37, Punjabi Bagh (West), New Delhi Especially When The Ground Floor & The Second Floor Of The Said Property Belonged To Others. 2. The Lower Authorities Had Erred In Not Appreciating That The One- Third Share Of The First Floor Of House No. 37, Punjabi Bagh (West) Belonged To The Appellant Whereas Two-Third Share Of The Said Flat Belonged To His Wife & The Long-Term Capital Loss In Respect Of The Two-Third Share From The Sale Of The Said Floor Has Been Accepted By The Department.

House India (P.) Ltd., reported in [2017] 77 taxmann.com 301 (Pujnab & Haryana). The ld. counsel further submitted that as the circle rates for the aforesaid year was fixed w.e.f. 18.07.2007 only and during the year under consideration there was no circle rate prescribed for Punjabi Bagh and hence the provisions of Section 50C of the Act were not applicable

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)

house property’ as under: “21. We would like to remark that still the question remains as to how to determine the reasonable/fair rent. It has been indicated by the Supreme Court that extraneous circumstances may inflate/deflate the „fair rent‟. The question would, therefore, be as to what would be circumstances which can be taken into consideration by the AO while

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)

house property’ as under: “21. We would like to remark that still the question remains as to how to determine the reasonable/fair rent. It has been indicated by the Supreme Court that extraneous circumstances may inflate/deflate the „fair rent‟. The question would, therefore, be as to what would be circumstances which can be taken into consideration by the AO while