MR. J.S. GUJRAL,GURGAON vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

2,40,400 shares of M/s Eltek to the four Directors who are appellants before us. The shares have been transferred equally to all the four directors, i.e., 60,100 shares each. Ld. AO further observed that these shares were transferred at book value of Rs.10 per share. However, since a huge dividend of Rs.1.44 crores was earned

MR. SANJIV NARAYAN,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

2,40,400 shares of M/s Eltek to the four Directors who are appellants before us. The shares have been transferred equally to all the four directors, i.e., 60,100 shares each. Ld. AO further observed that these shares were transferred at book value of Rs.10 per share. However, since a huge dividend of Rs.1.44 crores was earned

MR. RANJEET SINGH,GURGAON vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

2,40,400 shares of M/s Eltek to the four Directors who are appellants before us. The shares have been transferred equally to all the four directors, i.e., 60,100 shares each. Ld. AO further observed that these shares were transferred at book value of Rs.10 per share. However, since a huge dividend of Rs.1.44 crores was earned

MR. KRISHNA KUMAR PANT,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

2,40,400 shares of M/s Eltek to the four Directors who are appellants before us. The shares have been transferred equally to all the four directors, i.e., 60,100 shares each. Ld. AO further observed that these shares were transferred at book value of Rs.10 per share. However, since a huge dividend of Rs.1.44 crores was earned

DHARA SINGH,GHAZIABAD vs. ITO, WARD-1(2), GHAZIABAD

In the result, the Appeal filed by the Assessee stands allowed

Bench: Shri H.S. Sidhu & Shri T.S. Kapooray: 2012-13 Dhara Singh Ito, Ward 1(2), C/O Rupinder Kumar Vs. Ghaziabad Aggarwal, Uttar Pradesh Advocate, Ab-1A/22, Sector-51, Noida -201301 (Pan: Czjps0155A) (Assessee) (Respondent)

50C received, it is noticed that Sh. Dhara Singh has sold immovable property, the details of transfer of capital assets is as under:- Descripti Transfer Market Difference on of (Sale Value property Price) Khasra 3,73,01,0 5,78,00,0 2,04,99,0 No. 1135 00 00 00 As can be seen from the above immovable property

MAHAVIR TRANSMISSION LTD,NEW DELHI vs. DCIT, CENTRAL CORCLE-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

price which the stamp valuation authority would have, notwithstanding anything to the contrary contained in any other law for the time being in force, adopted or assessed, if it were referred to such authority for the purposes of the payment of stamp duty. (3) Subject to the provisions contained in sub-section (2), where the value ascertained under sub-section

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

price which the stamp valuation authority would have, notwithstanding anything to the contrary contained in any other law for the time being in force, adopted or assessed, if it were referred to such authority for the purposes of the payment of stamp duty. (3) Subject to the provisions contained in sub-section (2), where the value ascertained under sub-section

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

price which the stamp valuation authority would have, notwithstanding anything to the contrary contained in any other law for the time being in force, adopted or assessed, if it were referred to such authority for the purposes of the payment of stamp duty. (3) Subject to the provisions contained in sub-section (2), where the value ascertained under sub-section

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

price which the stamp valuation authority would have, notwithstanding anything to the contrary contained in any other law for the time being in force, adopted or assessed, if it were referred to such authority for the purposes of the payment of stamp duty. (3) Subject to the provisions contained in sub-section (2), where the value ascertained under sub-section

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

price which the stamp valuation authority would have, notwithstanding anything to the contrary contained in any other law for the time being in force, adopted or assessed, if it were referred to such authority for the purposes of the payment of stamp duty. (3) Subject to the provisions contained in sub-section (2), where the value ascertained under sub-section

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

price which the stamp valuation authority would have, notwithstanding anything to the contrary contained in any other law for the time being in force, adopted or assessed, if it were referred to such authority for the purposes of the payment of stamp duty. (3) Subject to the provisions contained in sub-section (2), where the value ascertained under sub-section

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

price which the stamp valuation authority would have, notwithstanding anything to the contrary contained in any other law for the time being in force, adopted or assessed, if it were referred to such authority for the purposes of the payment of stamp duty. (3) Subject to the provisions contained in sub-section (2), where the value ascertained under sub-section

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)

50C has no role in this case. According to her, full rights including rights to mortgage the property and right to sell the property in case of default of mortgage to the financial institution, were given to the lessee and therefore the Ld. CIT(A) was justified in holding the transaction as ‘transfer’ under section 2

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)

50C has no role in this case. According to her, full rights including rights to mortgage the property and right to sell the property in case of default of mortgage to the financial institution, were given to the lessee and therefore the Ld. CIT(A) was justified in holding the transaction as ‘transfer’ under section 2

NARENDRA KUMAR SINGH,NEW DELHI vs. ACIT, CENTRAQL CIRCLE-15, , NEW DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Bhavnesh Saini & Shri O.P. Kantassessment Year: 2013-14 Shri Narendra Kumar Singh, Vs. Asstt. Commissioner Of C/O- Vivek Bansal, 2Nd Floor, Income Tax, B-3/4, Safdarjung Enclave, Central Circle-15, New Delhi New Delhi Pan :Akmps8087M (Appellant) (Respondent) Appellant By S/Shri I.P. Bansal & Vivek Bansal, Advocates Respondent By Smt. Rinku Singh, Sr.Dr

price at which properties are shown to have been sold in the registered sale deed. Whereas according to the Assessing Officer, in view of the specific section 50C of the Act, the assessee was required to take sale consideration for computation of the capital gain in the value at which properties are sold or the value of the properties considered

YOGESH JUNEJA,FARIDABAD vs. ACIT, CIRCLE-29(1), NEW DELHI

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

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar Usi.T.A. No. 218/Del/2020 (A.Y 2015-16)

price is higher can be drawn, if the circumstances spelt out in Section 50-C are fulfilled. This provision was challenged before the Madras High Court, in K.R. Palanisamy (supra). The Court repelled the challenge, but nevertheless held that: "Sub-sections (2) and (3) of Section 50C provides further safeguard to the assessee, in the sense that if the assessee

ANALJIT SINGH,DELHI vs. DCIT, CIRCLE- 16(2), DELHI

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

Bench: Shri Amit Shukla & Shri O.P.Kant

50C of the Act was already on the statute prior to the former section being incorporated in the Act. If section 50D of the Act was sufficient to capture the situation as in the present case, then there was no necessity to insert provision of Section 50CA of the Act in the statute by the Finance Act, 2017 w.e.f

SMT. RANJANA GARG,NEW DELHI vs. DCIT, NEW DELHI

In the result, the CO of the assessee is allowed and

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaranjana Garg, Vs Dcit 141, Sunder Nagar, Central Circle 12, New Delhi. Jhandewalan Aanpg3625Q Extn., New Delhi. Ranjana Garg, Vs Dcit 141, Sunder Nagar, Central Circle 12, New Delhi. Jhandewalan Aanpg3625Q Extn., New Delhi. Acit Vs Amita Garg, Central Circle 12, G-15, Maharani Bagh, New Delhi. New Delhi. Aadpg0990L Acit Vs Amita Garg, Central Circle 12, G-15, Maharani Bagh, New Delhi. New Delhi. Aadpg0990L

transfer the land. There was no legal basis for applying section 50C of the IT act on assumed circle rate basis. 2. Land was shown as stock in trade in the balance sheet of the company where the assessee was the shareholder. Section 50C of the Act did not apply on stock in trade even otherwise. 3. The assessee cannot