2014 (9) TMI 495 - ITAT AHMEDABAD
Smt. Jyotikaben Bhupendrabhai Shah Versus The Asst. Commissioner of Income-tax
Restriction of amount of exemption u/s 54EC – investment in two financial year totaling ₹ 1 crore - LTCG on sale of factory land - Held that:- The Long Term Capital Gain accrued to the assessee on transfer of Long Term Capital Asset on 01.01.20 ......
2014 (9) TMI 494 - ITAT BANGALORE
Shri SR. Madhavan (HUF) C/o Venkatesan & Co. Versus Income Tax Officer (International Taxation)
Computation of STCG in reassessment proceedings – transactions for sale of land as well as the sale of super built up area - Denial of exemption u/s 54EC since investment made beyond 6 months – Held that:- As far as the sale of a property to M/s. Sum ......
2014 (9) TMI 419 - ITAT BANGALORE
Shri Vivek Jairazbhoy Versus Dy. Commissioner of Income Tax (International Taxation)
Indexed cost of improvement disallowed – Computation of LTCG on sale of property – Held that:- In order to ascertain as to whether at the time of sale or transfer of the said property, any improvement to the property was in existence, when the proper ......
2014 (8) TMI 72 - MADRAS HIGH COURT
The Commissioner of Income Tax Versus Akbar Ali Dhala
Capital gains u/s 54EC – Investment in REC bonds beyond stipulated period - Whether the Tribunal has jurisdiction and was right in holding that the assessee is entitled to capital gains exemption u/s 54EC – Held that:- The assessee can make his choic ......
2014 (6) TMI 470 - ITAT HYDERABAD
Income Tax Officer Versus Dr. G. Shailaja, Hyderabad
Validity of reopening of assessment u/s 147 of the Act – Reason to believe - Held that:- CIT(A) rightly held that the AO has accepted the income returned u/s 143(3) of the Act, after examination of all the relevant material, such as agreement/cancell ......
2014 (6) TMI 358 - ITAT AHMEDABAD
The DCIT. Circle-5, Ahmedabad Versus Shri Hiren K. Patel
Method of accounting of income in respect of DDBs/NCD - Use of Cash System instead of Mercantile system – hybrid method of accounting - Held that:- Following Smt Punitaben K. Patel, Shri Karsanbhai K. Patel, Shri Hiren K. Patel Versus ACIT, CC-1(1), ......
2014 (6) TMI 352 - ITAT AHMEDABAD
Smt Punitaben K. Patel, Shri Karsanbhai K. Patel, Shri Hiren K. Patel Versus ACIT, CC-1(1), Ahmedabad
LTCG treated as STCG – Sale of deep discount bonds – Claim of deduction u/s 54EC of the Act not allowed - Held that:- The holding period has to be counted form the date of allotment till the date of sale and if the same is more than 12 months then, i ......
2014 (6) TMI 13 - CALCUTTA HIGH COURT
Sunil Kumar Agarwal Versus Commissioner of Income Tax, Siliguri
Reference made to valuation officer u/s 50C(2) of the Act – Claim of exemption u/s 54EC of the Act - Sale consideration received is fully invested in bonds notified - Held that:- The valuation by the departmental valuation officer, contemplated u/s 5 ......
2014 (5) TMI 670 - CALCUTTA HIGH COURT
Commissioner of Income Tax, Kolkata-XVII Versus Dilip Kumar Roy
Admissibility of appeal - Monetary limit for filing appeal – Held that:- Under Instruction No. 3/2011 dated 9th February, 2011 issued by the CBDT u/s 268A(1) of the Income Tax Act it has been mentioned that the appeal cannot be filed if the tax effec ......
2014 (5) TMI 6 - ITAT AHMEDABAD
ITO, Ward-3, Bharuch Versus Shri Ajay Ramlal Shah Prop. of Shah Builders
Sale of land – LTCG or Business income – Held that:- The CIT(A) rightly was of the view that the transaction of sale of plots is an independent transaction of sale of capital asset and, is to be taxed as income from capital gains - the proceeds from ......
2014 (3) TMI 842 - ITAT AHMEDABAD
Alkaben B. Patel Versus The Income Tax Officer
Exemption u/s 54EC of the Act – Investment in NHAI bonds - Whether the investment of Rs.45 lacs was made within six months from the date of the transfer of the "Long Term Capital Asset" so as to qualify for the exemption u/s.54EC of the Act and wheth ......
2014 (1) TMI 1585 - KARNATAKA HIGH COURT
Commissioner of Income-tax Versus A. Suresh Rao
Exemption u/s 54EC and 54F - Held that:- Relying upon the decision in Smt. Saroj Aggarwal v. Commissioner of Income-tax [1985 (9) TMI 6 - SUPREME Court] - It is not necessary that after payment of cost of acquisition, a title deed is to be executed i ......
2014 (1) TMI 1443 - ITAT CHENNAI
M/s. Coromandel Industries Pvt. Versus Assistant Commissioner of Income-tax
Restriction of exemption u/s 54EC of the Act – Amount invested in long term bonds – Held that:- The decision in Smt. Sriram Indubal v. ITO [2014 (1) TMI 482 - ITAT CHENNAI ] followed - If the assessee is able to keep the six months limit from the da ......
2014 (1) TMI 603 - ITAT COCHIN
Shri KK. Venugopal Versus The Dy. CIT, Cir. 2(2), Ernakulam
Cost of improvement - Held that:- The original construction was made in 1991-92, therefore, the assessee would have spent considerable amount during the assessment year 2006-07 atleast for maintenance of the building, if not for improvement - The Tri ......
2014 (1) TMI 601 - ITAT COCHIN
Usha Devi Menon Versus ITO, Wd. 1(3), Thiruvananthapuram
Eligibility for exemption u/s 54EC - taxability of advance - Held that:- Under section 2(47)(v), if the possession was handed over as part performance of the agreement, then, there is a "transfer" within the meaning of section 2(47) of the Income-tax ......