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Anil Kumar Jain,New Delhi vs Dy. Commissioner Of Income Tax, Central ... on 16 January, 2026

7.1 On the facts and circumstances of the case, the CIT(A) erred in upholding the addition made by the AO in conjecture and surmises without there being any direct adverse material against the assessee, based only on suspicion 5 ITA No.475 /Del/2025 Anil Kr. Jain vs. DCIT 7.2 On the facts and circumstances of the case, the CIT(A) erred in upholding the addition made by the AO in the assessment order dated 08th December 2019 u/s 147 r.w.s. 143(3) without giving it an opportunity to rebut the same in violation of the principle of natural justice.
Income Tax Appellate Tribunal - Delhi Cites 31 - Cited by 0 - Full Document

Deputy Commissioner Of Income Tax, ... vs Anil Kumar Jain, Delhi on 21 January, 2026

6. From examination of the record and in light of aforesaid rival contentions, it is crystal clear that the ld CIT(A) vide order dated 23.01.2025 had set aside the penalty order dated 17.03.2022 by ld AO since ITAT vide order dated 03.12.2024 in ITA No. 1413 & 435/Del/2021 titled Anil Kumar Jain Vs. DCIT had set aside the quantum assessment on invalid assumption of jurisdiction u/s 147 of Page | 3 ITA No. 2964/Del/2025 Anil Kumar Jain the Act. Therefore, the grounds of appeal being devoid of merit are untenable.
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Maharshi Gogineni , Hyderabad vs Asst. Commissioner Of Income Tax, ... on 31 July, 2023

8. Similar view is taken by a Co-ordinate Bench of this Tribunal in the case of Akepati Manogna (supra), and also in the case of Pradeep Kumar (supra). This view is applicable to the facts of the case on all fours. Respectfully following the same, we allow this ground of appeal and direct the authorities to allow the deduction under section 54F of the Act.
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Indumati Chintakuntala , Hyderabad vs Income Tax Officer, Ward-4(3), ... on 17 August, 2023

14. Similar view is taken by a Co-ordinate Bench of the Tribunal in the case of Akepati Manogna (supra), and also in the case of Pradeep Kumar (supra). This view is applicable to the facts of the case on all fours. Assessees sold the old property for Rs. 2.40 crores getting each Rs. 1.2 crores, capital gains derived by each of the assessee are at Rs. 78.61 lakhs, whereas the assessees made investment in the plot for residential house at Rs. 1.23 crores each. Assessees invested the total sale consideration derived on the sale of the old asset in the plot for construction of residential house, and there is no reason for us not to believe the statement of the assessee that the delay in commencement of the construction of the house was caused due to the late grant of permission by the Grater Hyderabad Municipal Corporation, which is beyond the control of the assessees. Respectfully following the same, we allow this ground of appeal and direct the authorities to allow the deduction under section 54 of the Act.
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Pradeep Kumar Jain, New Delhi vs Dcit, Circle-26(2), Delhi on 30 September, 2022

(B) Vide letter dated 29.09.2022, it was intimated that the assessee opted for Vivad se Vishwas Scheme, 2020 ("VSVS", for short) and that the Designated Authority had already issued Form-5 under VSVS. A copy of Form-5 issued by the Designated Authority was also enclosed with the aforesaid letter; and the assessee applied for withdrawal of appeal. The learned Sr. DR for Revenue submitted before us, at the time of hearing, that the appeal has become infructuous in view of the assessee opting for VSVS; and that the appeal may be dismissed as withdrawn. After due consideration and in view of the foregoing, we are of the opinion Page 2 of 4 ITA No.4326/Del/2018 Pradeep Kumar Jain vs. DCIT that this appeal has become infructuous on account of aforesaid VSVS, and that this appeal may be treated as withdrawn on account of the aforesaid VSVS. Accordingly, this appeal having become infructuous, is treated as withdrawn and is hereby dismissed.
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