KIDS CLINIC INDIA PRIVATE LIMITED

Bench: KRISHNA S DIXIT

48. It is mentioned in section 47A(3) that if any of the conditions laid down in proviso to clause – (xiii) of section 47 are not complied with, then profit or gains arising from the transfer of capital

THE PR COMMISSIONER OF INCOME TAX vs. SMT SAROJINI M KUSHE

Appeal stands dismissed

Bench: S.SUJATHA,HANCHATE SANJEEVKUMAR

gains", and shall be deemed to be the income of the previous year in which the transfer took place.” Section 48 of the Act reads thus: “Mode of computation. 48. The income chargeable under the head "Capital

COMMISSIONER OF INCOME TAX vs. M/S.WINTAC LTD.,

The appeal is allowed in part

Bench: B.MANOHAR,DILIP B.BHOSALE

section 48, the capital gain is to be computed after reducing the cost of acquisition of the assets, cost of any improvement

PR COMMISSIONER OF WEALTH TAX-6 vs. M R KODANDRAM

Appeals stand dismissed

Bench: RAVI MALIMATH,ASHOK S.KINAGI

gains", and shall be deemed to be the income of the previous year in which the transfer took place.” Section 48 of the Act reads thus: “Mode of computation. 48. The income chargeable under the head "Capital

THE COMMISSIONER OF INCOME TAX vs. M/S ASSOCIATED ELECTRONIC AND ELCTRICAL

The appeal stands dismissed

Bench: S.SUJATHA,VINEET SARAN

gains” and shall be deemed to be the income of the previous year in which the transfer took place.” 17 12. Section 48 of the Act reads thus: “48. Mode of Computation The income chargeable under the head “Capital

THE COMMISSIONER OF INCOME TAX vs. LATE KHOOBCHAND M MAKHIJA

The appeals are dismissed

Bench: N.KUMAR,RATHNAKALA

capital gain being charged to income-tax as income of the previous year in which the transfer took place, it shall be dealt with in accordance with the aforesaid provisions. In this part of the section also, the words "a residential house" is again used. The said residential house necessarily has to include buildings or lands appurtenant thereto. It cannot

THE COMMISSIONER OF INCOME TAX vs. M/S SHASTHA PHARMA LABORATORIES

The appeal is dismissed

Bench: N.KUMAR,RATHNAKALA

section 48, the fair market value of the asset on the date of such transfer shall be deemed to be the full value of the consideration received or accruing as a result of the transfer.” 15. The aforesaid provisions makes it clear that the profits or gains arising from the transfer of a capital

THE PR. COMMISSIONER OF INCOME TAX vs. MRS. VANAJA MATTHEN

The appeal is dismissed

Bench: This Court, Questioning The Order Dated 25.01.2017 In

48(iii), 49(1) and 2(42A) and Explanation 1(b) of Section 2(42A) of the Act. The case of the Revenue is that the said Explanation refers to the definition of short term capital asset and cannot be extended for computation of indexation of cost of acquisition which only arises in case of long term capital gain

SRI N GOVINDARAJU vs. THE INCOME TAX OFFICER

Appeal stands disposed of

Bench: S.SUJATHA,VINEET SARAN

48 of the Act deals with the ‘Mode of Computation’ of income chargeable under ‘Capital gains’ and in that context ‘full value of the consideration’ would mean the consideration or price received as a result of the transfer of a capital asset. It is different from ‘fair market value’ of the property, which phrase is used in section

COMMISSIONER OF INCOME TAX vs. SHRI. VIKRAM REDDY

In the result, the fifth substantial question of

Bench: ALOK ARADHE,R. NATARAJ

Section 48 and 49(1)(e) read as under: (47) "transfer", in relation to a capital asset, includes,— (i) the sale, exchange or relinquishment of the asset ; or (ii) the extinguishment of any rights therein ; or 45 Capital Gains

PR COMMISSIONER OF INCOME TAX vs. M/S IND SING DEVELOPERS P LTD

The appeal is dismissed

Bench: B.V.NAGARATHNA,JAYANT PATEL

section 48, the amount recorded in the books of account of the firm, association or body as the value of the capital asset shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of the capital asset. (4) The profits or gains

SHRI SRINIVASAN CHANDIRA KUMAR vs. THE ADDITIONAL COMMISSIONER

In the result, we do not find any merit in the

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 48(i) of the Act reads as under: 48. the income chargeable under the head “capital gains” shall be computed

COMMISSIONER OF INCOME TAX vs. GENERAL INSURANCE EMPLOYEES

In the result, we do not find any merit in the

Bench: N.KUMAR,RATHNAKALA

Section 48(i) of the Act reads as under: 48. the income chargeable under the head “capital gains” shall be computed

THE COMMISSIONER OF INCOME TAX vs. SHRI DINESH D RANKA

The appeal is allowed

Bench: ARAVIND KUMAR,MOHAN M. SHANTANAGOUDAR

48,45,970/-. It is also concluded by the Assessing Officer that the assessee has not declared the long term capital gains either in the original return or in the return filed consequent to notice issued under Section

THE COMMISSIONER OF INCOME TAX vs. M/S KHIVRAJ MOTORS

Appeal is hereby dismissed;

Bench: ARAVIND KUMAR,VINEET SARAN

capital gains is to be made and for the said purpose Section 48 of the Act requires to be looked

THE COMMISSIONER OF INCOME TAX vs. M/S KHIVRAJ MOTORS

Appeal stands dismissed and second

Bench: ARAVIND KUMAR,VINEET SARAN

capital gains under Section 45(1) and Section 48 of the Act and as such the order passed by the Commissioner

SATISH KUMAR PANDEY vs. ASSISTANT COMMISSIONER OF INCOME TAX

Appeals are allowed

Bench: P.S.DINESH KUMAR,T.G. SHIVASHANKARE GOWDA

Section 48 of the IT Act reads: " 48. The income chargeable under the head "Capital gains" shall be computed, by deducting

M/S FIDELITY BUSINESS SERVICES INDIA PVT LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX

Bench: S.SUJATHA,VINEET KOTHARI

section 48, the difference between the cost of acquisition and the value of consideration received by the shareholder or the holder of the other specified securities, as the case my be, shall be deemed to be the capital gains