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12 results for “capital gains”+ Search & Seizureclear

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Key Topics

Section 10(38)21Section 14818Addition to Income12Section 153A10Section 1478Disallowance8Exemption5Section 684Section 143(3)3Section 132(4)

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

search and seizure action took place in K.S. Oils Group on 11.3.2010 wherein, statements of members of said AOPs had been recorded by the Authorised Officers. In the statements so recorded, so also during the assessment proceedings, all such members of AOPs stated that all transactions of investment in the shares of K.S. Oils Ltd. and their subsequent sale

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 Agra
2
Double Taxation/DTAA2
Undisclosed Income2
19 Aug 2019
AY 2005-06

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

Section 10(38)Section 153A

search and seizure action took place in K.S. Oils Group on 11.3.2010 wherein, statements of members of said AOPs had been recorded by the Authorised Officers. In the statements so recorded, so also during the assessment proceedings, all such members of AOPs stated that all transactions of investment in the shares of K.S. Oils Ltd. and their subsequent sale

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

search and seizure action took place in K.S. Oils Group on 11.3.2010 wherein, statements of members of said AOPs had been recorded by the Authorised Officers. In the statements so recorded, so also during the assessment proceedings, all such members of AOPs stated that all transactions of investment in the shares of K.S. Oils Ltd. and their subsequent sale

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

search and seizure action took place in K.S. Oils Group on 11.3.2010 wherein, statements of members of said AOPs had been recorded by the Authorised Officers. In the statements so recorded, so also during the assessment proceedings, all such members of AOPs stated that all transactions of investment in the shares of K.S. Oils Ltd. and their subsequent sale

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 2019AY 2005-06

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

Section 10(38)Section 153A

search and seizure action took place in K.S. Oils Group on 11.3.2010 wherein, statements of members of said AOPs had been recorded by the Authorised Officers. In the statements so recorded, so also during the assessment proceedings, all such members of AOPs stated that all transactions of investment in the shares of K.S. Oils Ltd. and their subsequent sale

SARITA AGRAWAL,GWALIOR vs. ACIT, GWALIOR

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

ITA 170/AGR/2022[2008-09]Status: DisposedITAT Agra14 Feb 2025AY 2008-09

Bench: Shri Ramit Kochar & Shri Sudhir Kumarmrs. Sarita Agrawal Acit Geeta Colony Aayakar Bhawan Dal Bazar, Gwalior- V. City Centre 474001 Gwalior-474001 Madhya Pradesh Madhya Pradesh "थायीलेखासं./जीआइआरसं./Pan/Gir No: Adxpk3445P Appellant .. Respondent

For Appellant: NoneFor Respondent: Sh. Sukesh Kumar Jain, CIT
Section 10(38)Section 143(2)Section 153A

Gain on shares on which STT is paid is not to be included in taxable income. Have addition of Rs. 115995/- is illegalunjustified and bad in law. 4. The appellate crave for adding , deleting and/or modifying any ground of appeal before its final hearing.” 2. Brief facts of the case are that a search and seizure operation was carried

M/S DEEPRAJ HOSPITAL P LTD,HATHRAS vs. ITO 3(5), HATHRAS

In the result, both the appeals are allowed

ITA 41/AGR/2017[2010-11]Status: DisposedITAT Agra01 Jun 2018AY 2010-11

Bench: Shri A. D. Jain

Section 147Section 148Section 68

gains shown by assessee was bogus and no separate reason disclosing satisfaction of Assessing Officer for formation of belief that income of assessee had escaped assessment had been recorded, notice issued u/s I.T.A Nos. 41 & 40/Agra/2017 8 148 of the Act was to be quashed and assessment made in pursuance thereof was to be annulled". It was submitted

M/S CHARAN SINGH ICE & STORAGE P LTD,HATHRAS vs. ITO 3(5), HATHRAS

In the result, both the appeals are allowed

ITA 40/AGR/2017[2009-10]Status: DisposedITAT Agra01 Jun 2018AY 2009-10

Bench: Shri A. D. Jain

Section 147Section 148Section 68

gains shown by assessee was bogus and no separate reason disclosing satisfaction of Assessing Officer for formation of belief that income of assessee had escaped assessment had been recorded, notice issued u/s I.T.A Nos. 41 & 40/Agra/2017 8 148 of the Act was to be quashed and assessment made in pursuance thereof was to be annulled". It was submitted

ASHOK KUMAR GUPTA,GWALIOR vs. ACIT, GWALIOR

Appeal stand partly allowed

ITA 16/AGR/2020[2011-12]Status: DisposedITAT Agra28 Mar 2025AY 2011-12

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.16/Agr/2020 (िनधा"रणवष" / Assessment Year: 2011-12) Shri Ashok Kumar Gupta Acit - Circle-2 बनाम/ F-11, Harishankar Puram Gwalior Vs. Gwalior 474 002 "थायीलेखासं./जीआइआरसं./Tan/Gir No. Aclpg-8972-G (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपील सं. / Ita No.23/Agr/2020 (िनधा"रणवष" / Assessment Year: 2011-12) Acit Circle-2 Shri Ashok Kumar Gupta बनाम/ Gwalior F-11, Harishankar Puram Vs. Gwalior 474 002 "थायीलेखासं./जीआइआरसं./Tan/Gir No. Aclpg-8972-G (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Anurag Sinha (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Sukesh Kumar Jain (Cit) – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025

For Appellant: Shri Anurag Sinha (Advocate) – Ld. ARFor Respondent: Shri Sukesh Kumar Jain (CIT) – Ld. CIT-DR
Section 132(4)Section 143(3)

seizure 3.1 During search, cash was seized for Rs.8.93 Lacs which was stated to be belonging to the assessee. However, during assessment proceedings, the assessee attributed cash to various family members. Rejecting the same, Ld. AO added the same to the income of the assessee. 3.2 The Ld. CIT(A) held that the assessee disclosed Rs.90 Lacs towards cash which

ACIT CIRCLE-2(1), GWALIOR vs. ASHOK KUMAR GUPTA, GWALIOR

Appeal stand partly allowed

ITA 23/AGR/2020[2011-12]Status: DisposedITAT Agra28 Mar 2025AY 2011-12

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.16/Agr/2020 (िनधा"रणवष" / Assessment Year: 2011-12) Shri Ashok Kumar Gupta Acit - Circle-2 बनाम/ F-11, Harishankar Puram Gwalior Vs. Gwalior 474 002 "थायीलेखासं./जीआइआरसं./Tan/Gir No. Aclpg-8972-G (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपील सं. / Ita No.23/Agr/2020 (िनधा"रणवष" / Assessment Year: 2011-12) Acit Circle-2 Shri Ashok Kumar Gupta बनाम/ Gwalior F-11, Harishankar Puram Vs. Gwalior 474 002 "थायीलेखासं./जीआइआरसं./Tan/Gir No. Aclpg-8972-G (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Anurag Sinha (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Sukesh Kumar Jain (Cit) – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025

For Appellant: Shri Anurag Sinha (Advocate) – Ld. ARFor Respondent: Shri Sukesh Kumar Jain (CIT) – Ld. CIT-DR
Section 132(4)Section 143(3)

seizure 3.1 During search, cash was seized for Rs.8.93 Lacs which was stated to be belonging to the assessee. However, during assessment proceedings, the assessee attributed cash to various family members. Rejecting the same, Ld. AO added the same to the income of the assessee. 3.2 The Ld. CIT(A) held that the assessee disclosed Rs.90 Lacs towards cash which

SUNIL CHAUHAN,AGRA vs. DCIT CENTRE CIRCLE AGRA, AGRA

The appeals stand partly allowed

ITA 148/AGR/2024[2014-15]Status: DisposedITAT Agra28 Mar 2025AY 2014-15

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.148/Agr/2024 (िनधा"रणवष" / Assessment Year: 2014-15) & 2. आयकरअपील सं./ Ita No.165/Agr/2024 (िनधा"रणवष" / Assessment Year: 2015-16) & 3. आयकरअपील सं./ Ita No.149/Agr/2024 (िनधा"रणवष" / Assessment Year: 2016-17) & 4. आयकरअपील सं./ Ita No.152/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 5. आयकरअपील सं./ Ita No.153/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Shri Sunil Chauhan Dcit Central Circle बनाम/ 9/47, Pokhar Para Agra Vs. Gali Agra 282 003 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Alvpc-9479-M (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Deependra Mohan (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Arun Kumar Yadav – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28.03.2025

For Appellant: Shri Deependra Mohan (CA) – Ld. ARFor Respondent: Dr. Arun Kumar Yadav – Ld. CIT-DR
Section 143(3)Section 153ASection 44A

search action in assessee’s group of case on 19-07-2018 leading to seizure of incriminating material, the impugned assessment was framed. The assessee sold certain plots at ‘Shree Shyamji Enclave’ and on the basis of incriminating material, Ld. AO alleged receipt of on-money for Rs.383.25 Lacs by the assessee through sale of plots during

AGRA DEVELOPMENT AUTHORITY,AGRA vs. DCIT., CIRCLE-1, AGRA

The appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 216/AGR/2016[2011-12]Status: DisposedITAT Agra17 May 2021AY 2011-12
Section 124Section 142Section 153

search and seizure powers , they can launch prosecution of persons not complying with the rules and regulations and are invariably subjected to legislative oversight. The primary object for setting up such regulatory bodies would be to ensure general public utility. The regulation of ITA No.216/Agr/2016, 183/Agr/2014,439/Agr/2015 & ITA No. 177/Agr/2014 51 building, town planning ,enforcing those regulations and continuing supervision