KIDS CLINIC INDIA PRIVATE LIMITED

Bench: KRISHNA S DIXIT

capital assets not charged u/s 45 shall be deemed to be the profit and gains chargeable to tax of the successor company. Section 47A(3) has used the word ‘any’ clause (d) of proviso to section 47(xiii) specifies that the aggregate of the share holding of the partners of the firm in the company should not be less than

THE COMMR OF INCOME TAX vs. M/S DYNAMIC ENTERPRISE

The appeal stands dismissed

Bench: This Bench.

gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections [***] [54, 54B, [***] [ [54D, [54E, [54EA, 54EB,] 54F

PROF. P.N. SHETTY vs. OFFICE OF THE INCOME TAX OFFICER

Bench: The

Gains’ and shall be deemed to be income of the previous year in which the transfer took place. The proviso to sub-section (4) of Section 54F carves 7 out an exception to sub-section (4) of Section 54F of the said Act which deals with two contingencies - (i) where the amount deposited in Capital

SHRI. NAVIN JOLLY vs. THE INCOME-TAX OFFICER

In the result, appeal is allowed

Bench: ALOK ARADHE,M.NAGAPRASANNA

capital gain of Rs.1,55,47,315/-. The appellant further declared that he had constructed a residential property during the year situate at 808/7 and 808/8 Kaikondanahalli, Sarjapur, Bangalore. The appellant claimed exemption under Section 54F

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

Section 54F of the Act for long term capital gain is allowable to investment made in residential building and not investment

THE PR.COMMISSIONER OF INCOME TAX,CIT (A) vs. SHRI J KRISHNA PALEMAR

Appeal is allowed;

Bench: P.S.DINESH KUMAR,RAMACHANDRA D. HUDDAR

54F. Capital gain on transfer of certain. capital assets not to be charged in case of investment in resident house, -(1) Where, in the case of an assessee being an individual, the capital gain arises from the transfer of any long-term capital asset, not being a residential house (hereafter in this section

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

Appeal stands dismissed

Bench: S.SUJATHA,HANCHATE SANJEEVKUMAR

gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise - 8 - provided in sections 54, 54B, 54D, 54E, 54EA, 54EB, 54F

MR.M.GEORGE JOSEPH vs. DY.COMMISSIONER OF INCOMET TAX OFFICER

In the result, order of the

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Capital Gain of Rs.26,88,34,949/- under Section 54 of the Act in respect of an investment made in acquiring a new residential house property to the extent of Rs.88,98,970/-. The Assessing Officer held that 4 investment made by the assessee does not fall within purview of Section 54F

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

Appeals stand dismissed

Bench: RAVI MALIMATH,ASHOK S.KINAGI

gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D, 54E, 54EA, 54EB, 54F

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

The appeal stands dismissed

Bench: S.SUJATHA,VINEET SARAN

gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D, 54E, 54EA, 54EB, 54F

M/S NANDI STEELS LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

In the result, the findings

Bench: ALOK ARADHE,R. NATARAJ

gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D, 54E, 54EA, 54EB, 54F

THE COMMISSIONER OF INCOME TAX vs. SHRI. HOSAGRAHAR

Appeal stands dismissed

Bench: SATISH CHANDRA SHARMA,SURAJ GOVINDARAJ

gain shall be dealt with in accordance with the following provisions of this section, that is to say,- Post 01.04.2015 54F(1) Subject to the provisions of sub- Section (4) where, in the case of an assessee being an individual or a Hindu undivided family, the capital

SMT Y MANJULA REDDY vs. THE INCOME TAX OFFICER

In the result, the appeal is disposed of

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Capital Gain of Rs.51,355/- to tax. 3. The assessment was completed under Section 143(3) of the Act. The Assessing Officer by an order dated 31.12.2010 inter alia held that the assessee has not purchased the asset, in respect of which the 5 claim under Section 54F

COMMISSIONER OF INCOME TAX vs. SHRI. GREGORY MATHIAS

Bench: S.N.SATYANARAYANA,JAYANT PATEL

54F of the Act resultantly disentitling the person to get set off of the capital gain whereas the learned counsel appearing for the respondent-assessee submitted that stock-in-trade is not a capital asset and therefore, cannot be considered for the purpose of giving effect to the provisions of Section

COMMISSIONER OF vs. MR VINAY MISHRA

In the result, the appeal fails and the same is

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

gain shall be dealt with in accordance with the following provisions of this section, that is to say,- ……………………………. …………………………… Post 01.04.2015 54F(1) Subject to the provisions of sub- Section (4) where, in the case of an assessee being an individual or a Hindu undivided family, the capital

CHITTHARANJAN A DASANNACHARYA vs. THE COMMISSIONER OF INCOME TAX-V

In the result, the appeal is allowed

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

capital gain as the stock options were held nearly for ten years. The assessee also claimed deduction under Section 54F

THE PR. COMMISSIONER OF INCOME-TAX vs. SMT HEMA KRISHNAMURTHY

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

Bench: ALOK ARADHE,ASHOK S.KINAGI

capital gains and claimed exemption under Section 54F of the Act. It is further submitted that rental income derived from

M/S MYPOL POLYMERS TECHNOLOGIES PRIVATE

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

Bench: L.NARAYANA SWAMY

capital gains and claimed exemption under Section 54F of the Act. It is further submitted that rental income derived from