HUNTSMAN INVESTMENTS (NETHERLANDS),MUMBAI vs. THE DY COMMISSIONER OF INCOME TAX INTERNATIONAL TAX CIRCLE-2(2)(2), MUMBAI, MUMBAI

In the result, appeal of the assessee is allowed

gains arising from the transfer of a capital asset effected in the previous\nyear shall, save as otherwise provided in sections 41[***] 42[54, 54B, 43[***] 44[45[54D

NUTRELA MARKETING P. LTD,MUMBAI vs. ITO 7(1)(1), MUMBAI

In the result the appeal filed by the assessee dismissed

Bench: Smt. Beena Pillai () & Shri Omkareshwar Chidara ()

54D(1) of the Act, that reads as under: "Subject to the provisions of sub-section (2), where the capital gain

ACIT, MUMBAI vs. ASHOK NARENDRA MEHTA, MUMBAI

In the result, the appeal is allowed for statistical purposes

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjeeassessment Year 2018-19 Acit, Circle – 19(1) Ashok Narendra Mehta, 5Th Floor, Piramal Chambers, 132, 13Th Floor, Lalbaug, Vs. Siddhesh Darshan, Mumbai. 10Th Khetwadi Main Road, Khetwadi, Mumbai Pan : Aivpm9318A (Appellant) (Respondent) For Assessee : Shri Vimal Punmiya, C.A. For Revenue : Shri Manoj Kumar Sinha, Sr.Dr Date Of Hearing : 13-08-2024 Date Of Pronouncement : 28-08-2024 Order Per B.R. Baskaran, A.M :

section (2), where the capital gain arises from the transfer by way of compulsory acquisition under any law of a capital asset, being land or building or any right in land or building, forming part of an industrial undertaking…..". It is palpable from sec. 54D

VANRAJ RANCHHODDAS MERCHANT (THROUGH LEGAL HEIR HARSHIT MERCHANT),MUMBAI vs. ITO WARD 30(1)(1), MUMBAI

In the result the appeal of the assessee is partly allowed

gains\nafter allowing exemption under section 54F in accordance with\nlaw.\n12. Aggrieved by the order of CIT(A) the assessee is in appeal\nbefore us raising following grounds of appeal:\n1. The Ld. Commissioner of Income Tax (Appeal) – NFAC erred in\nconfirming the action of the Assessing Officer of reopening of\nassessment u/s.147 of the Income

TECKMEN SYSTEMS ,MUMBAI vs. ITO WARD 27(3)(1), MUMBAI

In the result, the appeal filed by the assessee is allowed as per the above terms

Bench: MS. KAVITHA RAJAGOPAL (Judicial Member), SMT. RENU JAUHRI (Accountant Member)

section (2), where the capital gain arises from the transfer by way of compulsory acquisition under any law of a capital asset, being land or building or any right in land or building, forming part of an industrial undertaking…..". It is palpable from sec. 54D

ACIT, CIRCLE-24(1), MUMBAI, MUMBAI vs. NAKUL AGGARWAL, MUMBAI

In the result the appeal filed by the assessee stands allowed and appeal filed by the revenue stands dismissed

Bench: Smt. Beena Pillai () & Smt.Renu Jauhri ()

capital gain invested in both the flats. Aggrieved by the order of the Ld.AO, assessee preferred appeal before the Ld.CIT(A). 2.4. Before the Ld.CIT(A), the assessee filed various documents like the revised plan approved by ‘MHADA’, wherein, the two flats were considered to be one single unit adjacent to each other. The Ld.CIT(A), after considering the documents

NAKUL AGGARWAL,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-24(1), MUMBAI

In the result the appeal filed by the assessee stands allowed and appeal filed by the revenue stands dismissed

Bench: Smt. Beena Pillai () & Smt.Renu Jauhri ()

capital gain invested in both the flats. Aggrieved by the order of the Ld.AO, assessee preferred appeal before the Ld.CIT(A). 2.4. Before the Ld.CIT(A), the assessee filed various documents like the revised plan approved by ‘MHADA’, wherein, the two flats were considered to be one single unit adjacent to each other. The Ld.CIT(A), after considering the documents

GOODWILL CONSTRUCTIONS,MUMBAI vs. DCIT, CIRCLE-1, , THANE

In the result, the appeal is allowed

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

gain on compulsory acquisition of land and building is charged. Sub-s. (1) of S. 54D opens with 'subject to the provisions of sub-s. (2), where the capital asset, being land or building or any right in land or building, forming part of an industrial undertaking..." It is palpable from s. 54D that 'land or building' is distinct from