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91 results for “capital gains”+ Penaltyclear

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Key Topics

Section 14732Section 10(38)24Section 50C22Addition to Income22Section 14816Section 56(2)(vii)14Section 54B12Capital Gains12Disallowance11Long Term Capital Gains

A.C.I.T.,CIRCLE-2, GWALIOR vs. M/S VANDANA JAIN & RAMA BANSAL, MORENA

In the result, appeal of the Revenue is allowed for statistical purposes

ITA 169/AGR/2014[2005-06]Status: DisposedITAT Agra19 Aug 2019AY 2005-06

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 10(38)Section 153A

capital gain claimed by the assessee was for an amount of Rs.82,08,630/- claimed to be exempted u/s 10(38) of the Act. On the sale of share in the hand of Shri Ramesh Chand Garg as all the shares were sold through recognized stock exchange paying STT and all the shares were held for a period of more

A.C.I.T., CIRCLE-2, GWALIOR vs. M/S SHYAM SUNDER & MANISH TAORI, MORENA

In the result, appeal of the Revenue is allowed for statistical purposes

ITA 124/AGR/2014[2005-06]Status: DisposedITAT Agra19 Aug 2019

Showing 1–20 of 91 · Page 1 of 5

10
Reassessment10
Section 1449
AY 2005-06

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 10(38)Section 153A

capital gain claimed by the assessee was for an amount of Rs.82,08,630/- claimed to be exempted u/s 10(38) of the Act. On the sale of share in the hand of Shri Ramesh Chand Garg as all the shares were sold through recognized stock exchange paying STT and all the shares were held for a period of more

A.C.I.T., CIRCLE-2, GWALIOR vs. M/S SUNIL KUMAR MITTAL & MAMTA MITTAL, MORENA

In the result, appeal of the Revenue is allowed for statistical purposes

ITA 128/AGR/2014[2005-06]Status: DisposedITAT Agra19 Aug 2019AY 2005-06

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 10(38)Section 153A

capital gain claimed by the assessee was for an amount of Rs.82,08,630/- claimed to be exempted u/s 10(38) of the Act. On the sale of share in the hand of Shri Ramesh Chand Garg as all the shares were sold through recognized stock exchange paying STT and all the shares were held for a period of more

A.C.I.T., CIRCLE-2,, AGRA vs. M/S SAKSHI TAIRI & CHHAYA BATTAD, MORENA

In the result, appeal of the Revenue is allowed for statistical purposes

ITA 170/AGR/2014[2005-06]Status: DisposedITAT Agra19 Aug 2019AY 2005-06

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 10(38)Section 153A

capital gain claimed by the assessee was for an amount of Rs.82,08,630/- claimed to be exempted u/s 10(38) of the Act. On the sale of share in the hand of Shri Ramesh Chand Garg as all the shares were sold through recognized stock exchange paying STT and all the shares were held for a period of more

A.C.I.T., CIRCLE-2, GWALIOR vs. M/S RAKESH SHIVHARE & NISHA MITTAL, MORENA

In the result, appeal of the Revenue is allowed for statistical purposes

ITA 117/AGR/2014[2005-06]Status: DisposedITAT Agra19 Aug 2019AY 2005-06

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 10(38)Section 153A

capital gain claimed by the assessee was for an amount of Rs.82,08,630/- claimed to be exempted u/s 10(38) of the Act. On the sale of share in the hand of Shri Ramesh Chand Garg as all the shares were sold through recognized stock exchange paying STT and all the shares were held for a period of more

TEJ SINGH,MATHURA vs. ITO 1(3)(4), MATHURA

In the result, the Appeal of the assessee is partly allowed

ITA 8/AGR/2019[2009-10]Status: DisposedITAT Agra26 Sept 2023AY 2009-10
Section 142(1)Section 147Section 148

penalty. The Commissioner (appeals) allowed relief partly but Page 10 of 23 Tej Singh vs. ITO the Tribunal concluded the issue in favour of the assessees. On appeal: Held, dismissing the appeals, that the only information was that the assessee had taken a bogus entry of capital gains

AARA AGRO PVT. LTD.,AGRA vs. DY.CIT., CIRCLE-2(1)(1), AGRA

The appeal is allowed for statistical purposes

ITA 54/AGR/2021[2018-19]Status: DisposedITAT Agra23 Nov 2021AY 2018-19

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meenalt.A No. 54/Agr/2021 (Assessment Year: 2018-19) Vs. Cit Circle-2 (1)(1) Agra Agro Private Limited Agra U.P. Anjana Cinema, 3/2 D.M.G. Road Agra U.P. 282007 Pan: Aagca8595F (Revenue) (Assessee)

Section 115JSection 143(1)Section 207Section 234BSection 234C

CAPITAL GAINS IN MARCH 2018 THEREFORE THE ADVANCE TAX LIABILITY AROSE ONLY IN MARCH. THE RETURN WAS PROCESSED ON 17 MAY 2019 CHARGING INTEREST US 234C.THE APPELLANT INSTEAD OF FILING APPEAL PREFER TO FILE RECTIFICATION REQUEST AT CPC ON 9 JUNE 2019. THE RECTIFICATION ORDER RECEIVED ON EMAIL ON 21 FEB 2020 SEEN ON 2/3/2020. THE APPEAL FILED IS DELAYED

YOGENDRA SHARMA,DELHI vs. INCOME TAX OFFICER, ETAH

In the result, the appeal preferred by assessee is allowed

ITA 408/AGR/2025[2012-13]Status: DisposedITAT Agra19 Dec 2025AY 2012-13

Bench: : Shri S. Rifaur Rahmanassessment Year: 2012-13 Yogendra Sharma, I-4695, 2Nd Vs. Income-Tax Officer, Floor, Gali No. 4-B, Balbir Nagar Ward 3(2), Etah. Extension, Shahdara, Delhi. Pan :Cgkps6492J (Appellant) (Respondent)

Section 143(2)Section 143(3)Section 147Section 148Section 50C

capital gains, only the actual sale consideration disclosed in the registered sale deed or, where applicable, the value adopted/assessed for stamp duty purposes under section 50C can be considered as the full value of consideration'. The Learned JCIT(Appeals) erred in law in effectively importing a notional figure derived from a private engineer's estimate for enhancement. Section 50C does

SHRI SWAMI RAM SWAROOP SHARMA,MATHURA vs. ITO WARD-3(4), MATHURA

In the result, both the appeals are treated as allowed, for statistical purposes

ITA 146/AGR/2017[2008-09]Status: DisposedITAT Agra09 Jul 2018AY 2008-09

Bench: Shri A. D. Jain & Dr. Mitha Lal Meenakapil Sharma, Executor Of The Vs..Ito,3(4), Estate Of Late (Shri) Ram Swaroop Mathura. Sharma, Gandhi Marg, Vrindavan, Mathura. C/O R.M. Mehta S-125, Panchsheel Park (First Floor), New Delhi Pan:Anhps1936P (Revenue) (Assessee) Kapil Sharma, Executor Of The Vs..Ito,3(4), Estate Of Late (Shri) Ram Swaroop Mathura. Sharma, Gandhi Marg, Vrindavan, Mathura. C/O R.M. Mehta S-125, Panchsheel Park (First Floor), New Delhi Pan:Anhps1936P (Assessee) (Revenue)

capital gain. All pleas available under the law shall remain so available to the assessee. The assessee shall be provided due and adequate opportunity of hearing to support his case. On his part, the assessee, no doubt, shall co-operate in the fresh proceedings before the ld. CIT(A). Ordered accordingly. 14. In the result for statistical purposes, the appeal

SHRI SWAMI RAM SWAROOP SHARMA,MATHURA vs. ITO WARD 3(4), MATHURA

In the result, both the appeals are treated as allowed, for statistical purposes

ITA 16/AGR/2016[2008-09]Status: DisposedITAT Agra09 Jul 2018AY 2008-09

Bench: Shri A. D. Jain & Dr. Mitha Lal Meenakapil Sharma, Executor Of The Vs..Ito,3(4), Estate Of Late (Shri) Ram Swaroop Mathura. Sharma, Gandhi Marg, Vrindavan, Mathura. C/O R.M. Mehta S-125, Panchsheel Park (First Floor), New Delhi Pan:Anhps1936P (Revenue) (Assessee) Kapil Sharma, Executor Of The Vs..Ito,3(4), Estate Of Late (Shri) Ram Swaroop Mathura. Sharma, Gandhi Marg, Vrindavan, Mathura. C/O R.M. Mehta S-125, Panchsheel Park (First Floor), New Delhi Pan:Anhps1936P (Assessee) (Revenue)

capital gain. All pleas available under the law shall remain so available to the assessee. The assessee shall be provided due and adequate opportunity of hearing to support his case. On his part, the assessee, no doubt, shall co-operate in the fresh proceedings before the ld. CIT(A). Ordered accordingly. 14. In the result for statistical purposes, the appeal

HARI SINGH,MATHURA vs. ITO WARD-3(2), MATHURA

In the result, the appeal of the assessee for statistical purposes treated as

ITA 440/AGR/2017[2009-10]Status: DisposedITAT Agra30 Jul 2019AY 2009-10

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

Section 144Section 54Section 54BSection 54CSection 54F

capital gain Tax is chargeable from the appellant. 5. That no show cause notice is issued by the A.O and an ex parte order was passed. I.T.A No.440/Agra/2017 5 6. That the appellant is a semiliterate agriculturist and having no knowledge of Income tax Act. 7. That the appellant submitted written reply to the A.O that the appellant has invested

ACIT, CIRCLE-2(1)(1), AGRA vs. ASHOK KUMAR AGARWAL, AGRA

In the result, appeal of the Revenue is partly allowed

ITA 52/AGR/2025[2015-16]Status: HeardITAT Agra24 Jun 2025AY 2015-16

Bench: Shri Sunil Kumar Singh & Shri Manish Agarwalita No.52/Agr/2025 (Assessment Year: 2015-16) Ashok Kumar Agarwal Acit, 6/26, Barah Bhai Ki Circle 2(1)(1), Vs. Gali, Belanganj, Agra-282002 Uttar Pradesh. Pan-Abipa7741F (Appellant) (Respondent)

Section 142ASection 250

capital gain after allowing the benefit of indexation to the assessee on the FMV assessed by the DVO. The grounds of appeal No.1 to 4 of the Revenue are allowed. 5. Ground No.5 of the Revenue is with respect to the deletion of addition of Rs.34,65,000/- claimed by the assessee for removal of encumbrance on the subject land

ACIT, CIRCLE 2(1)(1), AGRA vs. ASHOK KUMAR AGARWAL, AGRA

In the result, appeal of the Revenue is partly allowed

ITA 50/AGR/2025[2015-16]Status: HeardITAT Agra24 Jun 2025AY 2015-16

Bench: Shri Sunil Kumar Singh & Shri Manish Agarwalita No.52/Agr/2025 (Assessment Year: 2015-16) Ashok Kumar Agarwal Acit, 6/26, Barah Bhai Ki Circle 2(1)(1), Vs. Gali, Belanganj, Agra-282002 Uttar Pradesh. Pan-Abipa7741F (Appellant) (Respondent)

Section 142ASection 250

capital gain after allowing the benefit of indexation to the assessee on the FMV assessed by the DVO. The grounds of appeal No.1 to 4 of the Revenue are allowed. 5. Ground No.5 of the Revenue is with respect to the deletion of addition of Rs.34,65,000/- claimed by the assessee for removal of encumbrance on the subject land

NEETA AGARWAL,AGRA vs. INCOME TAX OFFICER, 2(1)(2), AGRA, AGRA

In the result, the appeal of the Assessee is allowed for statistical purposes

ITA 213/AGR/2025[2016-17]Status: DisposedITAT Agra04 Dec 2025AY 2016-17

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh(Through Virtual Hearing) Neeta Agarwal, Vs. Income Tax Officer, E-23, New Agra, Agra Ward-2(1)(2), Agra (Appellant) (Respondent) Pan: Aaxpa0936E Assessee By : Shri Amit Goyal, Adv Shri Nitin Goyal, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 16/09/2025 Date Of Pronouncement 04/12/2025

For Appellant: Shri Amit Goyal, AdvFor Respondent: Shri Anil Kumar, Sr. DR
Section 10(38)Section 143(3)Section 148Section 151Section 234BSection 271(1)Section 68Section 69C

gain arising on transfer of shares Capital Trade Link Ltd. Under section 10(38) of I.T.Act, 1961. 5. That on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals), NFAC has erred in enhancing the income by of Rs. 2,38,009/- being unexplained expenditure u/s 69C on account

BHAGVAN DAS L/H SHRI GAURI SHANKER,FIROZABAD vs. ITO WARD 2(2)(1), FIROZABAD

In the result, both the appeals are allowed for statistical purposes

ITA 259/AGR/2025[2012-2013]Status: DisposedITAT Agra30 Oct 2025AY 2012-2013

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

Section 144Section 147Section 148Section 250Section 271(1)(c)Section 54B

capital gain and without giving an opportunity to file rejoinder to the remand report sought from the Assessing Officer. 4 | P a g e ITA No. 260 & 259/Agr/2025 8. Perused the records. Heard learned representative for assessee and learned Sr. DR for revenue. 9. Perusal of the impugned order shows that the ld. CIT(Appeals) sought for the remand report

BHAGVAN DAS L/H SHRI GAURI SHANKER,FIROZABAD vs. ITO WARD 2(2)1, FIROZABAD

In the result, both the appeals are allowed for statistical purposes

ITA 260/AGR/2025[2012-2013]Status: DisposedITAT Agra30 Oct 2025AY 2012-2013

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

Section 144Section 147Section 148Section 250Section 271(1)(c)Section 54B

capital gain and without giving an opportunity to file rejoinder to the remand report sought from the Assessing Officer. 4 | P a g e ITA No. 260 & 259/Agr/2025 8. Perused the records. Heard learned representative for assessee and learned Sr. DR for revenue. 9. Perusal of the impugned order shows that the ld. CIT(Appeals) sought for the remand report

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFICER SHIVPURI, SHIVPURI

In the result, all the three appeals of the assessee are allowed for

ITA 114/AGR/2024[2016-17]Status: DisposedITAT Agra21 Jan 2025AY 2016-17

Bench: : Shri Ramit Kochar

Section 143(3)Section 253(3)Section 69

gains are concerned. However, the Assessing Officer was not satisfied with the explanation of the assessee with regard to the sources of making investments to the tune of Rs. 32,30,790/-(peak investment) made by the assessee for conducting business of share trading as the assessee did not produce any documents such as demat account, purchase-sale details, statement

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFFICER SHIVPURI, SHIPURI

In the result, all the three appeals of the assessee are allowed for

ITA 115/AGR/2024[2015-16]Status: DisposedITAT Agra21 Jan 2025AY 2015-16

Bench: : Shri Ramit Kochar

Section 143(3)Section 253(3)Section 69

gains are concerned. However, the Assessing Officer was not satisfied with the explanation of the assessee with regard to the sources of making investments to the tune of Rs. 32,30,790/-(peak investment) made by the assessee for conducting business of share trading as the assessee did not produce any documents such as demat account, purchase-sale details, statement

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFFICER SHIVPURI, GWALIOR

In the result, all the three appeals of the assessee are allowed for

ITA 113/AGR/2024[2015-16]Status: DisposedITAT Agra21 Jan 2025AY 2015-16

Bench: : Shri Ramit Kochar

Section 143(3)Section 253(3)Section 69

gains are concerned. However, the Assessing Officer was not satisfied with the explanation of the assessee with regard to the sources of making investments to the tune of Rs. 32,30,790/-(peak investment) made by the assessee for conducting business of share trading as the assessee did not produce any documents such as demat account, purchase-sale details, statement

BHAGIRATH PAKHARIA,JHANSI vs. WARD 2 (3)(1), JHANSI

Appeal stand allowed for statistical purposes

ITA 565/AGR/2024[2013-14]Status: DisposedITAT Agra23 Apr 2025AY 2013-14

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.565/Agr/2024 (िनधा"रणवष" / Assessment Year: 2013-14) & 2. आयकरअपील सं. / Ita No.566/Agr/2024 (िनधा"रणवष" / Assessment Year: 2013-14) & 3. आयकरअपील सं. / Ita No. 567/Agr/2024 (िनधा"रणवष" / Assessment Year: 2014-15) & 4. आयकरअपील सं. / Ita No. 568/Agr/2024 (िनधा"रणवष" / Assessment Year: 2014-15) & 5. आयकरअपील सं. / Ita No. 569/Agr/2024 (िनधा"रणवष" / Assessment Year: 2015-16) & 6. आयकरअपील सं. / Ita No. 570/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 7. आयकरअपील सं. / Ita No. 571/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Shri Bhagirath Pakharia Income-Tax Officer, बनाम/ 124, Nanak Ganj, Sipri Bazar, Ward 2(3)(1), Jhansi. Vs. Jhansi (Up) "थायीलेखासं./जीआइआरसं./Pan/Gir No. Amdpp-6709-L (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms. Prarthana Jalan, Ca – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 23-04-2025

For Appellant: Ms. Prarthana Jalan, CA – Ld. ARFor Respondent: Sh. Shailender Shrivastava – Ld. Sr. DR
Section 147Section 148Section 50CSection 56(2)(vii)Section 69A

Capital Gains for Rs.112.99 Lacs by invoking the provisions of Sec.50C. Against the same, Ld. AO levied penalty u/s 270A