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Kapil Kumar Agarwal, Gurgaon vs Dcit, Gurgaon on 30 April, 2019 cites

Commissioner Of Income-Tax vs J.R. Subramanya Bhat on 9 June, 1986

"The question for consideration is whether exemption on capital gains could be refused to the assessee simply on the ground that the construction of the Surya Nagar, Agra house, had begun before the sale of the Link house. Similar question came up for consideration before the Karnataka High Court in the case of CIT v. J. R. Subramanya Bhat [1987] 165 ITR 571. In the case before the Karnataka High Court, the date of the sale of the old building was February 9, 1977. The completion of the construction of the new building was in March, 1977, although the commencement of construction started in 1976. On these facts, the Karnataka High Court held that it was immaterial that the construction of the new building was started before the sale of the old building. We fully agree with the view taken by the Karnataka High Court. The Appellate Tribunal was right in holding that capital gains arising from the sale of the Golf Link house to the extent it got invested in the construction of the Surya Nagar house, will be exempted under section 54 of the Act."
Karnataka High Court Cites 3 - Cited by 63 - Full Document

Chloro Controls(I) P.Ltd vs Severn Trent Water Purification Inc ... on 28 September, 2012

3. We have commenced our opinion with the aforesaid exposition of law as arguments have been canvassed by Mr. Ranjit Kumar, learned senior counsel for the appellants, with innovative intellectual animation of how a three- Judge Bench in Chloro Controls India (P.) Ltd. v. Seven Trent Water Purification Inc. [2013] 1 SCC 641 has inappositely and incorrectly understood the principles stated in the major part of the decision rendered by a larger bench in SBP & Page | 14 Kapil Kumar Agarwal Vs DCIT ITA No. 2630/Del/2015 (Assessment Year: 2011-12) Company v. Patel Engineering Ltd [2005] 8 SCC 618 and, in resistance, Mr. Harish Salve amd Dr. A.M. Singhvi, learned senior counsel for the respondent, while defending the view expressed later by the three- Judge Bench, have laid immense emphasis on consistency and certainty of law that garner public confidence, especially in the field of arbitration, regard being had to the globalization of economy and stability of the jurisprudential concepts and pragmatic process of arbitration that sparkles the soul of commercial progress. We make it clear that we are not writing the grammar of arbitration but indubitably we intend, and we shall, in course of our delineation, endeavour to clear the maze, so that certainty remains "A Definite" and finality is 'Final'.' The aforesaid observations are equally, if not more important and relevant to tax matters.
Supreme Court of India Cites 30 - Cited by 266 - S Kumar - Full Document
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