JEETENDRA CHANDRAKANT NAYAK,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOM TAX(OSD), NAGPUR

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

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

long term capital gains. The learned CIT (A) has categorically held, after appreciation of the factual matrix of the case, that the property transferred by the assessee could not be termed to be a residential house

SANJAY GULABCHAND GUPTA,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-4, NAGPUR

In the result, appeal by the assessee stands dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Long Term Capital asset, not being residential house against the construction of one residential house. Incidental issue would be whether capital gains of multiple years can be claimed against construction of same new residential house. 2. Assessee submits that there is no bar in Section 54F for claiming deduction second or third time for the same property

SUSHILA BHAURAO DESHMUKH,AMRAVATI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

gains received or accruing as a result of the transfer of the original asset; (b) "long-term specified asset" for making any investment under this section during the period commencing from the 1st day of April, 2006 and ending with the 31st day of March, 2007, means any bond, redeemable after three years and issued on or after

VINAY RAMSHARANDAS AGRAWAL,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-II, NAGPUR

In the result, appeal by the assessee stands allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

house property, income from capital gain and income from other sources. Necessary enquiries were conducted by the Assessing Officer by issuing 4 Vinay Ramsharandas Agrawal ITA no.110/Nag./2023 statutory notices in response to which the assessee furnished details of sources of income, capital introduction and specific details of capital gain were called and examined. The assessee, in response

SHRIRAM NARAYAN TIKDE,NAGPUR vs. INCOME TAX, WARD 4(4) , NAGPUR

Bench: Shri V. Durga Rao

long- term capital gain at Rs.20,34,726 on sale of Shantinagar, Nagpur house property against long-term capital gains

NARESH VASANTRAI TRIVEDI,NAGPUR vs. ACIT, CENTRAL CIRCLE 1(3), NAGPUR

In the result, appeal filed by the assessee is partly allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

long-term capital gains from sale of flat without complying with the requirements of section 50C including but not limited to referring the valuation to the valuation officer as is statutorily required to be done under law. The invocation of section 50C is thus bad in law and the same deserves to be ignored for calculation of capital gains

NARESH VASANTRAI TRIVEDI,NAGPUR vs. ACIT, CENTRAL CIRCLE 1(3), NAGPUR

In the result, appeal filed by the assessee is partly allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

long-term capital gains from sale of flat without complying with the requirements of section 50C including but not limited to referring the valuation to the valuation officer as is statutorily required to be done under law. The invocation of section 50C is thus bad in law and the same deserves to be ignored for calculation of capital gains

NARESH VASANTRAI TRIVEDI,NAGPUR vs. ACIT, CENTRAL CIRCLE 1(3), NAGPUR

In the result, appeal filed by the assessee is partly allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

long-term capital gains from sale of flat without complying with the requirements of section 50C including but not limited to referring the valuation to the valuation officer as is statutorily required to be done under law. The invocation of section 50C is thus bad in law and the same deserves to be ignored for calculation of capital gains

NARESH VASANTRAJ TRIVEDI,NAGPUR vs. ACIT, CENTRAL CIRCLE 1(3), NAGPUR

In the result, appeal filed by the assessee is partly allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

long-term capital gains from sale of flat without complying with the requirements of section 50C including but not limited to referring the valuation to the valuation officer as is statutorily required to be done under law. The invocation of section 50C is thus bad in law and the same deserves to be ignored for calculation of capital gains

ASSTT. CIT, CIR- 7, NAGPUR vs. M/S. NEWQUEST CORPORATION LTD., CHANDRAPUR

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2008-2009 The Acit Vs. M/S.Newquest Corporation Ltd. Circle-7, (Now Known As M/S. Avantha Nagpur Holding Ltd. Ballalrpur Paper Mills P.O. Ballarpur, Distt. Chandrapur Pan No.:Aabcb 6134 E Appellant Respondent

gain is on the revenue account? 4. Whether on the facts and in the circumstances of the case and in law the Ld. CIT(A) is right in deleting disallowance of premium payable on zero percent fully redeemable non- convertible marketable debentures of Rs. 3,63,01,370/- without appreciating the fact that the same does not amount

SHABBIR AHMED AHMED ALI,NAGPUR vs. NATIONAL E ASSESMENT CENTRY, DELHI

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

long term capital gain arising from transfer of residential property. 4. Facts in Brief:– In the present case, the assessee is an individual who filed his return of income for the year under consideration electronically on 30/08/2018, declaring total income at ` 17,040, and the said return of income was processed under section 143(1) of the Income

SHRI DEEPAK SURESH GADGE,,NAGPUR vs. DY. CIT, CIRCLE-1 , NAGPUR

In the result, appeal filed by the assessee partly allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

houses thereon. The said land has been purchased by the firm, through the assessee as partner, vide purchase deed dated 05/09/2008, and correction deed dated 02/07/2009 for ` 22,50,000. According to the Assessing Officer, this land has been taken by the assessee into stock for previous year in his books of accounts. Since the assessee is engaged

SHRI RAJESH DAYARAMANI,,NAGPUR vs. ACIT, CIR-8,, NAGPUR

In the result, assessee’s appeal is allowed

Bench: Shri P.K. Bansal & Shri Amarjit Singh

property located at Kamptee and surplus arising on sale was shown as long term capital gain. The assessee has constructed the residential house

SMT . RAJANI SURENDRA ADAMANE ,NAGPUR vs. INCOME TAX OFFICER WARD 6(1), NAGPUR

In the result, Assessee’s appeal is allowed in the aforesaid terms

Bench: Shri Narender Kumar Choudhrysmt. Rajani Surendra Ito, Ward-4(4), Nagpur Adamane, Plot No.30, Near Ghodke School Surendra Vs. Nagar, Hudkeshwar Road, Nagpur-440024. Pan: Alapa 9897 L (Appellant) (Respondent)

house within a period of 03 years after such date of sale of property. In this case, as the property was sold on dated 15/03/2011, therefore the Assessee was entitled to purchase residential property in lieu of long term capital gain

GEETADEVI BADRINARAYAN PANPALIYA,NAGPUR vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-1, NAGPUR

In the result, assessee’s appeal stands partly allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

house and renovation was made to make it habitable which is supported by evidence. (3) That for any other ground with kind permission of your honour at the time of hearing of appeal.” 3. During the course of hearing, the learned Authorised Representative appearing for the assessee submitted that he did not wish to press ground no.1. The learned Departmental

I.T.O. WARD -2(2), NAGPUR vs. SMT. SAMYUKTA ASHWIN SABNANI NEE SAMYUKTA SHIVJIT MORYA, NAGPUR

In the result this appeal filed by the Revenue stands dismissed

Bench: Shri Shamim Yahya & Shri Ram Lal Negi..

Long Term Capital Gain arising on sale of two properties viz. Crystal House and 2 ITA No. 38/Nag/2016. Dhanwatey House

THE VIDHARBHA PREMIER CO-OPERATIVE HOUSING SOCIETY LTD,,NAGPUR vs. TAX RECOVERY OFFICER, RANGE-6, NAGPUR

In the result these appeals by the assessee and revenue stand allowed for statistical purposes

Bench: Shri Shamim Yahya & Shri Ram Lal Negi..

capital of Rs.6 crore and deposit of RS.285 crore and having 1,21,855 members of the society. Some of them give deposit and some ot them get credit facility for house property. The proposed aeniel u/s 80P(2)(a)(i) would seriously frustrate the teqisletive intention for which the said subsection is on record for decades of the' coming

ITO, WARD-6(1),, NAGPUR vs. THE VIDARBHA PREMIER CO-OP. HOUSING SOCIETY,, NAGPUR

In the result these appeals by the assessee and revenue stand allowed for statistical purposes

Bench: Shri Shamim Yahya & Shri Ram Lal Negi..

capital of Rs.6 crore and deposit of RS.285 crore and having 1,21,855 members of the society. Some of them give deposit and some ot them get credit facility for house property. The proposed aeniel u/s 80P(2)(a)(i) would seriously frustrate the teqisletive intention for which the said subsection is on record for decades of the' coming