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Documents citing A. Rami Reddy, Hyd., Hyderabad vs Ito,Ward-11(3), Hyd, Hyderabad on 4 August, 2017

Mukesh Kumar Agarwal, Alwar vs Ito, Alwar on 30 May, 2018

5. The ld AR has placed reliance was on the Co-ordinate Bench decision in case of Moole Rami Reddy vs. ITO in ITA No. 311/Vizag/2010 dated 10.12.2010. In that case, we find that the Coordinate Bench has relied on its earlier decision in case of M/s Lahri Promoters in ITA No. 12/Vizag/2009 dated 22.06.2010 wherein it was held that the rates prevailing as on the date of agreement are to be adopted instead of rates prevailing on date of registration of the property. Relying on the said decision, the Coordinate Bench in case Moole Rami Reddy held that since the value of the property declared by the assessee as on the date of sale agreement is higher than value shown in the certificate (issued by Jt. Sub- registrar), the value declared by the assessee is to be adopted for computing the capital gains.
Income Tax Appellate Tribunal - Jaipur Cites 3 - Cited by 0 - Full Document

Mahesh Kumar Agarwal, Alwar vs Ito, Alwar on 30 January, 2018

7. We have heard the rival contentions and purused the material available on record. On careful examination of the issue raised before the Coordinate Bench, the contentions so raised by the assessee and the findings given by the Coordinate Bench, we are of the view that the contention of the assessee so raised during the original proceedings regarding determination of stamp duty value as on the date of agreement rather than the date of registration with the stamp duty authorities has apparently remained unanswered and has not been adjudicated upon. So, it is the case regarding applicability of the ratio laid down by the Coordinate Bench in case of Moole Rami Reddy Vs ITO (supra) which has been rendered in the context of the legal proposition so advanced by the assessee and which has been wrongly understood as rendered in the context of harshness of law. In our view, the said legal contention and the decision of the Coordinate Bench goes to the root of the matter and the same needs to be examined. The same apparent missed the attention of the Coordinate Bench while disposing off the earlier misc. petitions.
Income Tax Appellate Tribunal - Jaipur Cites 5 - Cited by 2 - Full Document

Govindbhai Budhaji Chauhan, Ahmedabad vs Ito, Ward-3(3)(2), Ahmedabad on 16 September, 2022

In support of his submissions, the ld.AR relied upon Co-ordinate Bench's decision in the case of DCIT Vs. Shri Shantilal Prabhudas Patel in ITA No.267/Ahd/2018; decision of the ITAT, Visakhapatnam Bench in the case of Lahiri Promoters Vs. ACIT, in ITA No.12/Vizag/2009 dated 22.6.2010 and another decision of the same Bench in the case of Moole Rami Reddy Vs. ITO, in ITA No.311/Vizag/2010 dated 10.12.2010. The ld.counsel for the assessee has filed some supporting evidences for claiming exemption under section 54F of the Act and the expenditure incurred for the construction of new house in the Paper Book from page no.61 to 110. Affidavit of the contractor in support of the claim of land improvement expenditure from page nos.111 to 113 of the Paper Book was filed by the assessee. Thus, the ld.AR pleaded that the claim of the assessee is to be allowed.
Income Tax Appellate Tribunal - Ahmedabad Cites 13 - Cited by 1 - Full Document
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