SAGA DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

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

Housing & Land Development Trust Ltd., 161 ITR 524 (SC). The assessee-company, therefore, submitted that when a sum of money is received with certain restrictions, obligations and duties to be performed, then it is only when these acts are duly complied with, income will accrue/arise to be taxable under sections 4 and 5 of the Income

PYRAMID REALTORS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

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

Housing & Land Development Trust Ltd., 161 ITR 524 (SC). The assessee-company, therefore, submitted that when a sum of money is received with certain restrictions, obligations and duties to be performed, then it is only when these acts are duly complied with, income will accrue/arise to be taxable under sections 4 and 5 of the Income

ACIT, CIRCLE- 20(2), NEW DELHI vs. RCUBE PROJECTS PVT. LTD., NEW DELHI

Bench: Sh. Shamim Yahya & Sh. Anubhav Sharma Ita No. 6879/Del/2018, A.Y. 2015-16

53A of the Transfer of Property Act has concluded that the assessee is deemed owner for the purpose of Section 27(iii)(b) of the Act and therefore Section 22 of the Act making income from house

ACIT, NEW DELHI vs. SH. VALMIK THAPAR, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

53A of The Transfer of Property Act. Assessee further submitted that though capital gain accrued in assessment year 2008 – 09, would be chargeable only in the year when the actual sale deed is executed i.e. Page 7 of 53 assessment year 2010 – 11. Assessee submitted a revised computation of total income for assessment year 2010 – 11 , whereby the indexed cost

SHRI VALMIK THAPAR,NEW DELHI vs. DCIT, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

53A of The Transfer of Property Act. Assessee further submitted that though capital gain accrued in assessment year 2008 – 09, would be chargeable only in the year when the actual sale deed is executed i.e. Page 7 of 53 assessment year 2010 – 11. Assessee submitted a revised computation of total income for assessment year 2010 – 11 , whereby the indexed cost

SH. VALMIK THAPAR,NEW DELHI vs. ACIT, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

53A of The Transfer of Property Act. Assessee further submitted that though capital gain accrued in assessment year 2008 – 09, would be chargeable only in the year when the actual sale deed is executed i.e. Page 7 of 53 assessment year 2010 – 11. Assessee submitted a revised computation of total income for assessment year 2010 – 11 , whereby the indexed cost

SHIVANI MADAN vs. PR COMMISSIONER OF INCOME TAX DELHI 01 & ANR.

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA

house building scheme of the society, company or association, as the case may be, shall be deemed to be the owner of that building or part thereof; (iiia) a person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53A

M/S RAM KRISHAN ASSOCIATE P.LT vs. COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

house building scheme of the society, company or association, as the case may be, shall be deemed to be the owner of that building or part thereof; (iiia) a person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53A

M/S RAM KRISHAN ASSOCIATES P.L vs. COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

house building scheme of the society, company or association, as the case may be, shall be deemed to be the owner of that building or part thereof; (iiia) a person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53A

M/S RAM KRISHAN ASSOCIATE P.LT vs. COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

house building scheme of the society, company or association, as the case may be, shall be deemed to be the owner of that building or part thereof; (iiia) a person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53A

M/S RAM KRISHAN ASSOCIATES vs. COMMISSIONER OF INCOME TAX

house building scheme of the society, company or association, as the case may be, shall be deemed to be the owner of that building or part thereof; (iiia) a person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53A

M/S RAM KRISHAN ASSOCIATES vs. COMMISSIONER OF INCOME TAX

house building scheme of the society, company or association, as the case may be, shall be deemed to be the owner of that building or part thereof; (iiia) a person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53A

M/S RAM KRISHAN ASSOCIATES vs. COMMISSIONER OF INCOME TAX

house building scheme of the society, company or association, as the case may be, shall be deemed to be the owner of that building or part thereof; (iiia) a person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53A

KAPIL KUMAR AGARWAL,GURGAON vs. DCIT, GURGAON

Appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishikapil Kumar Agarwal, Vs. Dcit, C/O. Ipsaa House Anm & Circle-1(1), Associates, J021A, Mayfiled Gurgaoon Gardens, Sector-51, Gurgaon Pan: Aacpa2412L (Appellant) (Respondent)

house is constructed, the capital gain is not to be charged under Section 45 of the said Act. ” 5.3 WITHOUT PREJUDICE TO OTHER ARGUMENTS IT IS ALSO SUBMITTED THAT DELHI HIGH COURT VIDE AFORESAID DECISION IN CASE OF KU LD EEP SINGH CATEGQRIZED THE ACQUISITION OF AN APARTMENT UNDER A BUILDER BUYERS AGREEMENT WHEREIN J>IE BUILDER GETS CONSTRUCTION DONE

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

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

Appeal of the appellant is dismissed

Bench: Shri Kul Bharat

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 under section 54 is bad in law and unjustified. Your honor, in our support in this condition we quote

ACIT, CENTRAL CIRCLE- 26, NEW DELHI vs. ASHOK KUMAR, NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 6105/Del/2017: Asstt. Year: 2009-10 Acit, Vs Ashok Kumar, Central Circle-26, 13, Ashoka Avenue, Dlf Farms, New Delhi-110055 Chattarpur, New Delhi-110074 (Appellantt (Respondent) Pan No. Aaepc1877D

house property u/s 24(a) of the I.T. Act. As per provisions of section 56 of the I.T. Act, income for sub-letting is considered to be income from other sources. Thus, the standard deduction of 30% on rental income claimed by the assessee is incorrect and unjustified. Hence, the standard deducting of Rs.13,57,351/- claimed by the assessee

DCIT, NEW DELHI vs. M/S AMBIENCE DEVELOPERS AND INFRASTRUCTURE PVT. LTD,, NEW DELHI

In the result appeal filed by assessee stands partly

Bench: Shri N.K.Billaiya & Smt. Beena A Pillaiay: 2009-10 Ay: 2011-12 Dcit Vs. Ambience Developers & Central Circle 20 Infrastructure P Ltd. New Delhi L-4, Green Park Extn. New Delhi 110 016 Pan: Aaeca6894P Ay: 2010-11 Ambience Developers & Vs. Dcit Infrastructure P Ltd. Central Circle 16 L-4, Green Park Extn. New Delhi New Delhi 110 016 Pan: Aaeca6894P Ay: 2010-11 Ambience Hotels & Vs. Dcit Resorts Pvt.Ltd. Central Circle 16 L-4, Green Park Extn. New Delhi New Delhi 110 016 Pan: Aadca7906K (Appellant) (Respondent) Department By : Ms. Nidhi Srivastava, Cit, D.R. Assessee By : : Sh. T.R. Talwar, Adv. Date Of Hearing : 06/02/2019 Date Of Pronouncement: 28 /02/2019

properties comprised in the estate; (iii) a member of a co- operative society, company or other association of persons to whom a building or part thereof is allotted or leased under a house building scheme of the society, company or association, as the case may be, shall be deemed to be the owner of that building or part thereof