SANGITA KSHETRY,NOIDA vs. ACIT,CIRCLE INT.TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

long-term gain on sale of shares as claimed by the assessee. On the basis of this information received, the AO formulated a prima facie belief that the transaction pertained to sale of depreciable assets involving Short Term Page 23 of 37 ITA No.1876/Del/2023 AY2016-17 Sangita Kshetry &Oths Vs ACIT Circle – Int. Tax. 2 (1)(2) New Delhi Capital

HERSH VARDHAN KSHETRY,NOIDA vs. ACIT, CIRCLE INT. TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

long-term gain on sale of shares as claimed by the assessee. On the basis of this information received, the AO formulated a prima facie belief that the transaction pertained to sale of depreciable assets involving Short Term Page 23 of 37 ITA No.1876/Del/2023 AY2016-17 Sangita Kshetry &Oths Vs ACIT Circle – Int. Tax. 2 (1)(2) New Delhi Capital

NINA KSHETRY,NOIDA vs. ACIT, CIRCLE INT.TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

long-term gain on sale of shares as claimed by the assessee. On the basis of this information received, the AO formulated a prima facie belief that the transaction pertained to sale of depreciable assets involving Short Term Page 23 of 37 ITA No.1876/Del/2023 AY2016-17 Sangita Kshetry &Oths Vs ACIT Circle – Int. Tax. 2 (1)(2) New Delhi Capital

MUKUL ROHATGI,NEW DELHI vs. ACIT CIRCLE 61(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Singh & Shri Manish Agarwal

long term capital gain is calculated at 27,21,092/-. When this fact was confronted to the learned CIT-DR, he could not controvert the same but, he made only one submission that this can be verified by the Assessing Officer. 9. After hearing rival contentions and going through the facts of the case, we noted that property at Apartment

DCIT, CENTRAL CIRCLE-28, NEW DELHI vs. MANISH UPPAL, DELHI

In the result, assessee’s appeal in ITA No

Bench: Ms. Madhumita Roy & Shri Naveen Chandraassessment Year: 2013-14

reassessment order u/s 147/153A of the Act and makes addition of Rs. 7, 13, 63, 040/- under section 68 of the Act on account of alleged unexplained long term capital gain

ITO WARD-32(2), NEW DELHI vs. SUKHBIR SINGH DAGAR, NEW DELHI

In the result, the appeal of revenue is allowed

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaito, Vs. Sukhbir Singh Dagar, Ward-32(2), K-259, High Gate Mansion, New Delhi Maidan Garhi Road, Chattarpur Enclave, Phase-2, New Dlehi (Appellant) (Respondent) Pan: Acipd3262H Assessee By : Sh. M. S. Dagar, Adv Revenue By: Ms. Raja Rajeshwari R, Jcit Date Of Hearing 09/07/2023 Date Of Pronouncement 10/08/2023

long term capital gain. The ld AR submitted that the ld CIT(A) has granted relief to the assessee by considering the fact and circumstances in right perspective therefore, appeal of the revenue may kindly be dismissed. 6. On careful consideration of the above submission, first of all, we note that AO initiated the reassessment

ANOOP KUMAR GUPTA,NEW DELHI vs. ACIT, CENTRAL CIRCLE-07, NEW DELHI

Bench: the Ld. CIT(A) by the assessee wherein it is challenged by the assessee that assessment order passed u/s 153A of the Act is time barred in terms of section 153B of the Act and ought to have held to be annulled.

long term capital gain claimed as exempt u/s 10(38) of the Act: i) by relying on some material found during the course of searches on some other persons in different premises that too on the strength of search warrants in their own names and where name of the assessee was not at all mentioned; and ii) the said incriminating

SHOBHIT GUPTA ,NEW DELHI vs. ACIT, CENTRAL CIRCLE-29, NEW DELHI

In the result, the appeals filed by the Assessee in ITA No

Bench: Shripradip Kumar Kedia & Shri Yogesh Kumar U.S.

long term capital gain. Neither these evidences were found by the AO nor by the Id. CIT(A) to be false or fictitious or bogus. The facts of the case and the evidences clearly support the claim of the assessee that the transactions of the assessee were genuine and the authorities below was not justified in rejecting the claim

SHOBHIT GUPTA ,DELHI vs. ACIT CETNTRAL CIRCLE-29, NEW DELHI

In the result, the appeals filed by the Assessee in ITA No

Bench: Shripradip Kumar Kedia & Shri Yogesh Kumar U.S.

long term capital gain. Neither these evidences were found by the AO nor by the Id. CIT(A) to be false or fictitious or bogus. The facts of the case and the evidences clearly support the claim of the assessee that the transactions of the assessee were genuine and the authorities below was not justified in rejecting the claim

ASHOK KUMAR BANSAL,GURGAON vs. PR, CIT CENTRAL, DELHI-1, DELHI

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

long term capital gains on sale of loose diamonds. Subsequently, against the said order passed by the Ld. AO making above addition, appeal was preferred by the assessee which is still pending before the Ld. CIT(A). In fact the appeal preferred before the Ld. CIT(A) against the order passed by the Ld. AO under Section 153C r.w.s

ASHOK KUMAR BANSAL,GURGAON vs. PR, CIT CENTRAL DELHI-1, DELHI

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

long term capital gains on sale of loose diamonds. Subsequently, against the said order passed by the Ld. AO making above addition, appeal was preferred by the assessee which is still pending before the Ld. CIT(A). In fact the appeal preferred before the Ld. CIT(A) against the order passed by the Ld. AO under Section 153C r.w.s

ASHOK KUMAR BANSAL,GURGAON vs. PR, CIT CENTRAL DELHI-1, DELHI

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

long term capital gains on sale of loose diamonds. Subsequently, against the said order passed by the Ld. AO making above addition, appeal was preferred by the assessee which is still pending before the Ld. CIT(A). In fact the appeal preferred before the Ld. CIT(A) against the order passed by the Ld. AO under Section 153C r.w.s

ARCHIT GUPTA,NEW DELHI vs. ACIT, CENTRALCIRCLE-29, NEW DELHI

In the result, appeal filed by the assessee is allowed

Bench: Shri S.Rifaur Rahman & Shri Yogesh Kumar U.S.

long term capital gain of Rs. 74,86,799/- on the sale of 38,900 shares of M/s Wagend Infra Venture Ltd and the same is bogus. The reassessment

ARCHIT GUPTA,NEW DELHI vs. ACIT, CENTRAL CIRCLE-29, NEW DELHI

In the result, appeal filed by the assessee is allowed

Bench: Shri S.Rifaur Rahman & Shri Yogesh Kumar U.S.

long term capital gain of Rs. 74,86,799/- on the sale of 38,900 shares of M/s Wagend Infra Venture Ltd and the same is bogus. The reassessment

RC GUPTA (HUF),NEW DELHI vs. ITO WARD - 31(4), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Challa Nagendra Prasad, S.M.C. आ.अ.सं./ I.T.A No. 5711/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 R. C. Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaghr9088D A N D आ.अ.सं./ I.T.A No. 7437/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Brijesh Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2833G A N D आ.अ.सं./ I.T.A No. 5474/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Bithal Nath Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2834G A N D आ.अ.सं./ I.T.A No. 5475/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Amit Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aahha3209G

reassessment proceedings as well as the addition on merit. It is the submission of the learned counsel for the assessee that the reopening has been made by the Assessing Officer in a mechanical manner and on borrowed satisfaction without independent application of mind. It is his submission that the assessee has already declared income from Long Term Capital Gain

BITHAL NATH GUPTA (HUF),NEW DELHI vs. ITO WARD - 31(4), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Challa Nagendra Prasad, S.M.C. आ.अ.सं./ I.T.A No. 5711/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 R. C. Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaghr9088D A N D आ.अ.सं./ I.T.A No. 7437/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Brijesh Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2833G A N D आ.अ.सं./ I.T.A No. 5474/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Bithal Nath Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2834G A N D आ.अ.सं./ I.T.A No. 5475/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Amit Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aahha3209G

reassessment proceedings as well as the addition on merit. It is the submission of the learned counsel for the assessee that the reopening has been made by the Assessing Officer in a mechanical manner and on borrowed satisfaction without independent application of mind. It is his submission that the assessee has already declared income from Long Term Capital Gain

AMIT GUPTA (HUF),NEW DELHI vs. ITO WARD - 31(4), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Challa Nagendra Prasad, S.M.C. आ.अ.सं./ I.T.A No. 5711/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 R. C. Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaghr9088D A N D आ.अ.सं./ I.T.A No. 7437/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Brijesh Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2833G A N D आ.अ.सं./ I.T.A No. 5474/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Bithal Nath Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2834G A N D आ.अ.सं./ I.T.A No. 5475/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Amit Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aahha3209G

reassessment proceedings as well as the addition on merit. It is the submission of the learned counsel for the assessee that the reopening has been made by the Assessing Officer in a mechanical manner and on borrowed satisfaction without independent application of mind. It is his submission that the assessee has already declared income from Long Term Capital Gain

GANESH GUPTA HUF,NEW DELHI vs. ITO WARD 31(4), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Challa Nagendra Prasad, S.M.C. आ.अ.सं./ I.T.A No. 5711/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 R. C. Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaghr9088D A N D आ.अ.सं./ I.T.A No. 7437/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Brijesh Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2833G A N D आ.अ.सं./ I.T.A No. 5474/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Bithal Nath Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2834G A N D आ.अ.सं./ I.T.A No. 5475/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Amit Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aahha3209G

reassessment proceedings as well as the addition on merit. It is the submission of the learned counsel for the assessee that the reopening has been made by the Assessing Officer in a mechanical manner and on borrowed satisfaction without independent application of mind. It is his submission that the assessee has already declared income from Long Term Capital Gain

BRIJESH GUPTA HUF,NEW DELHI vs. ITO WARD-31(4), NEW DELHI

In the result, all the appeals of the assessee are allowed

Bench: Shri Challa Nagendra Prasad, S.M.C. आ.अ.सं./ I.T.A No. 5711/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 R. C. Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaghr9088D A N D आ.अ.सं./ I.T.A No. 7437/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Brijesh Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2833G A N D आ.अ.सं./ I.T.A No. 5474/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Bithal Nath Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aaehb2834G A N D आ.अ.सं./ I.T.A No. 5475/Del/2019. िनधा"रणवष"/Assessment Year: 2011-12 Amit Gupta (Huf) Income Tax Officer, बनाम C/O. Raj Kumar & Associates,Cas. Ward : 31 (4), Vs. L-7A(Lgf) South Extension,Part-Ii New Delhi. New Delhi – 110 049. Pan No. Aahha3209G

reassessment proceedings as well as the addition on merit. It is the submission of the learned counsel for the assessee that the reopening has been made by the Assessing Officer in a mechanical manner and on borrowed satisfaction without independent application of mind. It is his submission that the assessee has already declared income from Long Term Capital Gain