THE DY CIT, CIRCLE-4(1)(2),, AHMEDABAD vs. VODAFONE WEST LIMITED,, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

50D of the Act, which are neither applicable to the year\nunder consideration nor attracted where the consideration for transfer of the\nasset is 'determinable' or 'nil',\nITAs No.671 & 1634/Ahd/2015 (A.Y. 2010-11) 3\n1.6 On the facts and in the circumstances of the case and in law, the learned\nAO has erred in applying the GAAR provisions prescribed under

VODAFONE WEST LIMITED,(FORMERLY KNOWN AS VODAFONE ESSAR GUJARAT LIMITED),AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

50D of the Act, which are neither applicable to the year\nunder consideration nor attracted where the consideration for transfer of the\nasset is 'determinable' or 'nil';\nITAs No.671 & 1634/Ahd/2015 (A.Y. 2010-11)\n1.6 On the facts and in the circumstances of the case and in law, the learned\nAO has erred in applying the GAAR provisions prescribed under section

VARSHA SHRIKANT PARANJAPE,MUMBAI vs. ASSTT. COMMISSIONER OF INCOME TAX - 25(3) , MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhvarsha Shrikant Vs. Acit, Circle 25(3) Paranjape, Paranjape C-10, 6Th Floor, Room No. Bungalow, 2Nd Floor, 34, 601, Pratyaksha Kar Mg Road, Vile Parle Bhavan, Bandra Kurla (East), Mumbai – 400057 Complex, Bandra (E) Mumbai – 51 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaapp6199H Appellant .. Respondent [ Appellant By : Ronak Doshi, Chaitanya Doshi & Karan Jain Respondent By : Vithal Machindra Bhosale Date Of Hearing 05.10.2023 Date Of Pronouncement 20.10.2023

CAPITAL GAIN CANNOT BE TAXED: 3.1 On the facts and in the circumstances of the case and in law, the ld. AO erred in substituting full value of consideration declared by the Appellant of Rs.8,61,04,750/- with Rs.13,72,13,911/- and thereby making an addition of Rs. 5,11,09,161/- 3.2 Ld. AO failed to appreciate

ACIT 17(1) , MUMBAI vs. GUPTA C K , MUMBAI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Acit-17(1) Gupta C K O/O The Government Of India 21, K. T. Building, O/O The Dy. Cit Cirr 17(1), Devji Ratansey Marg, Masjid Vs. Kautilya Bhavan, Room No. 117, Bunder, Mumbai-400 009 Bkc, Bandra (E), Mumbai-400 051

section 50D of the Act and relied on the CBDT Circular No. 3rd March, 2016 for deferment of tax. The contention of the assessee has not been satisfactory to the ld. A.O. who then passed the assessment order dated 30.12.2018 making an addition towards conversion of ‘capital gain

JIOSTAR INDIA PRIVATE LIMITED,MUMBAI vs. ASST CIT 16 (1), MUMBAI

Bench: Shri R.S. Syal (V.P.), Shri Aby T. Varkey (J.M.) & Shri Prashant Maharishi (A.M.) आयकर अपील सं. / Ita. No.7872/Mum/2019 "नधा"रण वष" / Assessment Year : 2015-16

sections 45, 50A, 50C and 50D etc., substituting the full value of consideration and to sec. 49 substituting cost of acquisition in the computation of income under the head `Capital gains