ASSISTANT COMMISSIONER OF INCOME TAX 25(3), MUMBAI vs. PANKAJ ENTERPRISES, MUMBAI

In the result, both the appeals of the Revenue for AY 2012

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

capital Now we come to the second issue of quantum of the capital gain to be taxed in the hand of the assessee gain to be taxed in the hand of the assessee, which has been raised , which has been raised by the revenue in ground No. by the revenue in ground No. 2 and 3 of the appeal

CYFAST ENTERPRISES P.LTD,MUMBAI vs. DCIT CIR 10(3), MUMBAI

The appeal of the Revenue is allowed

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year:2011-12 Cyfast Enterprises Pvt. Ltd. Dcit, Afl House, Circle-10(3), बनाम/ Lok Bharati Complex, Aayakar Bhavan, Vs. Marol Maroshi Road, M.K. Road, Andheri (East), Mumbai-400020 Mumbai-400059 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aaacu4945K "नधा"रती क" ओर से / Assessee By Shri Nitesh Joshi & Shri Sunil Jhunjhunwala राज"व क" ओर से / Revenue By Shri Anandi Verma-Cit-Dr

gain u/s 48. The stamp value shall be substituted with the actual amount received or accruing to the assessee which shall constitute full value of consideration received or accruing for the purposes of section 48. It is pertinent to note that section 50C is not applicable to all the capital assets but only to a capital asset which is land

MOHD RAZA AKBERALI GHUGHARIA,MUMBAI vs. ITO 15(2)(3), MUMBAI

The appeal of the assessee is allowed

Bench: Shri Joginder Singh & Shri Ashwani Tanejaassessment Year: 2005-06 Mohd Raza Akberali Ito 15(2)(3), Ghugharia, Matru Mandir Tardeo, बनाम/ M/S. N.S. Virani & Co., C.A. S Mumbai-400034 Vs. 28, Bhanushali Bldg. 35, Mint Road, Mumbai-400001 (Assessee) (Revenue) P.A. No.Aabpg3107B "नधा"रती क" ओर से / Assessee By Shri Vijay Mehta & Shri Anuj Kisnadwala. (Ar) Shri K. V. Vispure ( Dr) राज"व क" ओर से / Revenue By 27/04/2016 सुनवाई क" तार"ख / Date Of Hearing : आदेश क" तार"ख /Date Of Order: 01/07/2016

2) r.w.s. 263 dated 07.07.2009 for the Assessment Year 2005-06 on the following grounds: “I.The earned Assessing Officer erred in invoking the provisions of section 50C of the I.T. Act, 1961 and thereby assessing the taxable Long Term Capital Gain

ITO 25(2)(2), MUMBAI vs. MEHUL J DHABALIA, MUMBAI

Bench: Shri Amit Shukla & Shri Ashwani Taneja

capital gain was shown at “Nil”. 4. The AO during the course of the assessment proceedings had referred the matter to the DVO to determine the fair market value of the plot in terms of section 50C(2

ITO 25(2)(1), MUMBAI vs. JAGDISH C. DHABALIA, MUMBAI

Bench: Shri Amit Shukla & Shri Ashwani Taneja

capital gain was shown at “Nil”. 4. The AO during the course of the assessment proceedings had referred the matter to the DVO to determine the fair market value of the plot in terms of section 50C(2

UTILITY SUPPLY PRIVATE LIMITED,MUMBAI vs. DCIT CENTRAL CIRCLE 8(4) MUMBAI, MUMBAI

In the result, the appeal filed by the Assessee is allowed

50C, the Assessing Officer may refer the valuation\nof such property to a Valuation Officer, and the provisions\nof section 500 and sub-section (15) of section 155 shall, as\nfar as may be, apply in relation to the stamp duty value of\nsuch property for the purpose of sub-clause (b) as they\napply for valuation of capital asset

MOHAMEDALI H CHARANIA,MUMBAI vs. ITO 12(1)(2), MUMBAI

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

Bench: Shri G.S. Pannu & Shri Ravish Soodassessment Year : 2007-08 Mr. Mohamedali H. Charania, C/O. M/S. Hasanali Virjee & Sons, Vs. 305, Gulab Bldg, 237, The Income Tax Officer, P.D’ Mello Road, -12(1)(2), Opp: G.P.O. Mumbai Mumbai [Pan : Aacpc0710B] (Appellant) (Respondent)

Capital Gain for the purpose of Section 54EC of the Act, yet, in terms of Section 50C(2) of the Act, the reference

ADITYA BIRLA TELECOM LIMITED,MUMBAI vs. DY. COMM OF INCOME TAX 10(1), MUMBAI

In the result appeal of the assessee is allowed in part in terms indicated hereinabove

2) (corresponding to section 48 & erstwhile section 52 of the Act) could not be invoked. Unless there is evidence that more than what was stated was received, no higher price can be taken to be the basis for computation of capital gains. Capital gains tax was intended to tax the gains of an assessee, not what an assessee might have

ITO 32(3)(4), MUMBAI vs. STATE BANK OF INDIA STAFF VAIBHAV CO-OP. HSG. LTD., MUMBAI

In the result, the appeal of the revenue is dismissed and cross objection of the assessee is dismissed

Bench: Shri Pawan Singh, Jm & Shri M.Balaganesh, Am Ito-32(3)(4) Vs. State Bank Of India Staff Room No.103, 1St Floor Vaibhav Co-Op Hsg. Ltd. Aayakar Bhavan Bungalow No.8, Daulat M.K.Road, Nagar, Road No.1, Mumbai – 400 020 Borivali (E) Mumbai – 400 066 Pan/Gir No.Aaias1423J (Appellant) .. (Respondent) Co No.8/Mum/2018 (Arising Out Of Ita No.5324/Mum/2016) (Assessment Year :2011-12) State Bank Of India Vs. Ito-32(3)(4) Room No.103, 1St Floor Staff Vaibhav Co-Op Hsg. Ltd. Aayakar Bhavan Bungalow No.8, Daulat M.K.Road, Nagar, Road No.1, Mumbai – 400 020 Borivali (E) Mumbai – 400 066 Pan/Gir No.Aaias1423J (Appellant) .. (Respondent) Revenue By Shri Santanu Kumar Saikia Assessee By Shri Dr. P. Daniel Date Of Hearing 13/06/2019 Date Of Pronouncement 19/06/2019

section 50C of the Act. Accordingly, he determined the total income of the assessee representing long term capital gains at Rs 34,69,55,000/- and completed the re-assessment for the Asst Year 2011-12. 5. The assessee pleaded before the ld CITA that the assessee society being the owner of the capital asset is not in dispute

ITO 25(2)(5), MUMBAI vs. KIRIT RAOJIBHAI PATEL, MUMBAI

In the result appeal of the learned AO is dismissed

Bench: Sri Prashant Maharishi, Am & Sri Pavan Kumar Gadale, Jm The Income Tax Officer- Kirit Raojibhai Patel 25(2)(5) 5Th Floor Ram Niwas, 34, Room No. 506, C-10, Vallabhnagar, N.S. Road, Vs. Pratyakshakar Bhavan, Bkc, Juhu, Vile Parele(W), Mumbai-400 051 Mumbai-400 049 (Appellant) (Respondent) Pan No. Aabpp3139J Assessee Represented By : Shri Rashmikant Choksey, Ar Department Represented By : Shri K.K. Mishra, Cit Dr Date Of Hearing: 08.12.2021 Date Of Pronouncement : 14.02.2022

50C (1) Where the consideration received or accruing as a result of the transfer by an assessee of a capital asset, being land or building or both, is less than the value adopted or assessed or assessable by any authority of a State Government (hereafter in this section referred to as the "stamp valuation authority") for the purpose of payment

SKF INIDA LTD( SINCE MAY 19 2004 NAME HAS BEEN CHANGED FROM SKF BEARING INDIA LTD),MUMBAI vs. DCIT RG 4(3), MUMBAI

In the result, the appeal filed by the Revenue is dismissed and the appeals filed by the assessee are allowed

Bench: Shri Rajendra & Shri C.N. Prasadआयकर अपील सं /I.Ta No.7092/Mum/2013 ("नधा"रण वष" / Assessment Year:2002-03 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 Appellant Respondent आयकर अपील सं /I.Ta No.3558/Mum/2012 ("नधा"रण वष" / Assessment Year:2005-06 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 आयकर अपील सं /I.Ta No.7093/Mum/2013 ("नधा"रण वष" / Assessment Year:2004-05 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 आयकर अपील सं /I.Ta No.6989/Mum/2013 ("नधा"रण वष" / Assessment Year:2004-05

50C of the Act in respect of sale of residential buildings are treated as Long Term Capital Gains for the reason that Sec. 2(29B) defines Long Term Capital Gains as the capital gain arising from the transfer of a Long Term Capital asset. Section

SKF INDIA LTD,MUMBAI vs. ASST CIT 4(3)4, MUMBAI

In the result, the appeal filed by the Revenue is dismissed and the appeals filed by the assessee are allowed

Bench: Shri Rajendra & Shri C.N. Prasadआयकर अपील सं /I.Ta No.7092/Mum/2013 ("नधा"रण वष" / Assessment Year:2002-03 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 Appellant Respondent आयकर अपील सं /I.Ta No.3558/Mum/2012 ("नधा"रण वष" / Assessment Year:2005-06 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 आयकर अपील सं /I.Ta No.7093/Mum/2013 ("नधा"रण वष" / Assessment Year:2004-05 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 आयकर अपील सं /I.Ta No.6989/Mum/2013 ("नधा"रण वष" / Assessment Year:2004-05

50C of the Act in respect of sale of residential buildings are treated as Long Term Capital Gains for the reason that Sec. 2(29B) defines Long Term Capital Gains as the capital gain arising from the transfer of a Long Term Capital asset. Section

THE AZAD NAGAR, COOPERATIVE HOUSING, SOCIETY LTD,MUMBAI vs. CIT 21, MUMBAI

In the result, the appeals filed by the Assessee are dismissed

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

2. The learned Commissioner of Income Tax erred in exercising jurisdiction under the provisions of Section 263 of the Act. 3. The Learned Commissioner of Income Tax erred in holding that the provisions of Section 50C were not applied by the Assessing Officer. 4. The Learned Commissioner of Income Tax, Mumbai erred in exercising jurisdiction regarding the applicability of Section

VITHALNAGAR CO OPERATIVE HOUSING SOCIETY LTD,MUMBAI vs. CIT 21, MUMBAI

In the result, the appeals filed by the Assessee are dismissed

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

2. The learned Commissioner of Income Tax erred in exercising jurisdiction under the provisions of Section 263 of the Act. 3. The Learned Commissioner of Income Tax erred in holding that the provisions of Section 50C were not applied by the Assessing Officer. 4. The Learned Commissioner of Income Tax, Mumbai erred in exercising jurisdiction regarding the applicability of Section

SUVARNA NAGAR CO OPERATIVE HOUSING SOCIETY LTD,MUMBAI vs. CIT 21, MUMBAI

In the result, the appeals filed by the Assessee are dismissed

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

2. The learned Commissioner of Income Tax erred in exercising jurisdiction under the provisions of Section 263 of the Act. 3. The Learned Commissioner of Income Tax erred in holding that the provisions of Section 50C were not applied by the Assessing Officer. 4. The Learned Commissioner of Income Tax, Mumbai erred in exercising jurisdiction regarding the applicability of Section

VALLABHNAGAR OPERATIVE HOUSING SOCIETY LTD,MUMBAI vs. CIT 21, MUMBAI

In the result, the appeals filed by the Assessee are dismissed

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

2. The learned Commissioner of Income Tax erred in exercising jurisdiction under the provisions of Section 263 of the Act. 3. The Learned Commissioner of Income Tax erred in holding that the provisions of Section 50C were not applied by the Assessing Officer. 4. The Learned Commissioner of Income Tax, Mumbai erred in exercising jurisdiction regarding the applicability of Section

JAI HIND CO OP HSG SOC LTD,MUMBAI vs. CIT 21, MUMBAI

In the result, the appeals filed by the Assessee are dismissed

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

2. The learned Commissioner of Income Tax erred in exercising jurisdiction under the provisions of Section 263 of the Act. 3. The Learned Commissioner of Income Tax erred in holding that the provisions of Section 50C were not applied by the Assessing Officer. 4. The Learned Commissioner of Income Tax, Mumbai erred in exercising jurisdiction regarding the applicability of Section

THE NAVYUG CO OPERATIVE HOUSING SOCIETY LTD,MUMBAI vs. CIT 21, MUMBAI

In the result, the appeals filed by the Assessee are dismissed

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

2. The learned Commissioner of Income Tax erred in exercising jurisdiction under the provisions of Section 263 of the Act. 3. The Learned Commissioner of Income Tax erred in holding that the provisions of Section 50C were not applied by the Assessing Officer. 4. The Learned Commissioner of Income Tax, Mumbai erred in exercising jurisdiction regarding the applicability of Section