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35 results for “capital gains”+ Section 11(5)clear

Sorted by relevance

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Key Topics

Section 14851Section 14728Section 26328Section 143(3)23Addition to Income19Section 148A15Section 25012Section 15111Section 143(1)11Capital Gains

ALAUDDIN,AGRA vs. ITO, WARD 1(1)(1), AGRA, AGRA

In the result, the appeal is partly allowed for statistical purposes

ITA 241/AGR/2024[2015-16]Status: DisposedITAT Agra20 Jun 2025AY 2015-16

Bench: : Shri Sunil Kumar Singh & Shri Manish Agarwalassessment Year: 2015-16

Section 142(1)Section 147Section 148Section 151Section 2(14)Section 250Section 54

5- Because upon the facts and in overall circumstances of the case the Notice issued under section 148 and 142(1) of the Income Tax Act issued by Jurisdictional Assessing Officer (JAO) are invalid and bad in law and are in gross violation of provisions of section 151A of the Income Tax Act. 6-BECAUSE, upon the facts

Showing 1–20 of 35 · Page 1 of 2

11
Reassessment8
Natural Justice8

SH. KULDEEP SRIVASTAVA,MATHURA vs. I.T.O., WARD-3(2), MATHURA

Appeal is dismissed

ITA 227/AGR/2013[2009-10]Status: DisposedITAT Agra13 Feb 2025AY 2009-10

Bench: : Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwalassessment Year: 2009-10

Section 143(3)Section 24Section 24(3)Section 257Section 68

section 50C and the same is reproduced as under: - Name of the Amount of Stamp Amount Sale Proportionate vendee total sale registration considered amount stamp value consideration value for received for assesse computing by the capital gain assesse 1 2 3 4 5 6 Sanjeev Kumar 20,30,000 18,25,000 20,30,000 11

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

11 of the paper book. According to section 147 of the IT Act, the essential ingredient of this section has been that “if the Assessing Officer has reason to belief that any income chargeable to tax has escaped assessment in any assessment year……..” Therefore, before invoking jurisdiction u/s. 147 of the IT Act, the Assessing Officer shall have reason

GURDEEP SINGH,AGRA vs. PR.CIT.-1,, AGRA

In the result, appeal of assessee is allowed

ITA 31/AGR/2021[2015-16]Status: DisposedITAT Agra25 Oct 2023AY 2015-16

Bench: Sh. Shamim Yahya & Shri Anubhav Sharmagurdeep Singh Vs. The Pr. Cit-1 33, Laxmi Nagar, Sikandra, Agra Agra, Uttar Pradesh-282007 Pan No. Aflps 7500 K (Appellant) (Respondent) Assessee By Shri Anil Verma, Adv. Revenue By Shri Surendra Pal, Cit(Dr) Date Of Hearing: 11.10.2023 Date Of Pronouncement: 25.10.2023

Section 143(3)Section 263Section 45Section 54F

capital gain shall not be charged u/s 45 of the Act to the extent invested in such purchase / construction. But the above exemption shall not be available where the assessee owns more than one residential house, other than the newly purchased constructed one, on the date of transfer and the income from such residential house, other than the one residential

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

SATISH PRAKASH AGARWAL,AGRA vs. THE ACIT, CIRCLE 1(2)(1), AGRA, AGRA

In the result, appeal of the assessee is allowed

ITA 113/AGR/2021[2016-17]Status: DisposedITAT Agra07 Feb 2025AY 2016-17

Bench: : Shri Ramit Kocharassessment Year: 2016-17

Section 143(2)Section 143(3)Section 36(1)(iii)

11 lenders out of which only 5 lenders responded to the enquiries made by the AO. The AO based on the analysis of the enquiry observed that the creditworthiness of the lender and genuineness of the interest could not be proved. The observations of the AO are recorded in the assessment order. The assessee even did not furnish the copy

PRIYAVRAT SHARMA,AGRA vs. ITO WARD 1(1)(2), AGRA

In the result, the appeal is allowed for statistical purposes

ITA 355/AGR/2025[2019-20]Status: DisposedITAT Agra26 Nov 2025AY 2019-20

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

Section 143(1)Section 143(1)(a)Section 250Section 50C

5 | P a g e intimation to be given to the assessee before any proposed adjustment as provided under section 143(1)(a)(i to vi) of the Act. The capital gain has to be computed u/s 48 r/w 50C of the Act. In the case in hand, ld.AO has tried to make prima facie adjustment on the basis

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

5. We have considered the contentions of the ld. CIT-DR and perused the material on record. We have observed from the statement of facts (SOF) filed by the assessee that the assessee has claimed exempt income u/s 10(38) on account of long term capital gain earned onsale of mutual funds/shares to the tune of Rs.1

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

SURENDRA KUMAR AGARWAL,JHANSI vs. ASSESSMENT UNIT, NEW DELHI

In the result, ITA No. 80 and 255/Agr/2025 are allowed for statistical

ITA 278/AGR/2025[2020-21]Status: DisposedITAT Agra27 Oct 2025AY 2020-21

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

Section 143(1)Section 143(2)Section 143(3)Section 144BSection 250

section 144B of the Act. Learned CIT(Appeals), after considering the details filed by assessee, dismissed assessee’s appeal. 5. Appellant assessee has approached this Tribunal in second appeal on the following grounds : “1. The learned CIT (A) has erroneously upheld an addition of Rs. 96,32,000/-(Rupees Ninety-six lac thirty-two thousand only) and computed the long

SURENDRA KUMAR AGARWAL,MAURANIPUR vs. INCOME TAX OFFICER, JHANSI

In the result, ITA No. 80 and 255/Agr/2025 are allowed for statistical

ITA 255/AGR/2025[2020-21]Status: DisposedITAT Agra27 Oct 2025AY 2020-21

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

Section 143(1)Section 143(2)Section 143(3)Section 144BSection 250

section 144B of the Act. Learned CIT(Appeals), after considering the details filed by assessee, dismissed assessee’s appeal. 5. Appellant assessee has approached this Tribunal in second appeal on the following grounds : “1. The learned CIT (A) has erroneously upheld an addition of Rs. 96,32,000/-(Rupees Ninety-six lac thirty-two thousand only) and computed the long

SURENDRA KUMAR AGARWAL,MAURANIPUR vs. NATIONAL E ASSESSMENT CENTER, DELHI

In the result, ITA No. 80 and 255/Agr/2025 are allowed for statistical

ITA 80/AGR/2025[2018-19]Status: DisposedITAT Agra27 Oct 2025AY 2018-19

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

Section 143(1)Section 143(2)Section 143(3)Section 144BSection 250

section 144B of the Act. Learned CIT(Appeals), after considering the details filed by assessee, dismissed assessee’s appeal. 5. Appellant assessee has approached this Tribunal in second appeal on the following grounds : “1. The learned CIT (A) has erroneously upheld an addition of Rs. 96,32,000/-(Rupees Ninety-six lac thirty-two thousand only) and computed the long

AJAY KUMAR GUPTA (HUF),AGRA vs. INCOME TAX OFFICER, WARD-2(1)(1), AGRA

In the result, the appeal of the Assessee is allowed

ITA 434/AGR/2025[2017-18]Status: DisposedITAT Agra21 Jan 2026AY 2017-18

Bench: Shri M. Balaganeshajay Kumar Gupta (Huf), Vs. Income Tax Officer, F-163/1, Kamla Nagar, Ward-2(1)(1), Agra Agra (Appellant) (Respondent) Pan: Aajha4155K Assessee By : Shri Anurag Singha, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 19/01/2026 Date Of Pronouncement 21/01/2026

For Appellant: Shri Anurag Singha, AdvFor Respondent: Shri Anil Kumar, Sr. DR
Section 143(3)Section 44A

Section 44AD of the Act at Rs. 2,53,877/- on the total sales of Rs. 15,62,320. Apart from that, the Assessee had shown short-term capital gains on sale of silver at Rs. 6,06,669. The computation of short-term capital gains are as under:- Sale consideration received on sale of silver

SMT. SARIKA SRIVASTAVA,AGRA vs. PCIT-1, AGRA, AGRA

The appeals of the assessees are allowed in above terms

ITA 56/AGR/2022[2012-13]Status: DisposedITAT Agra30 Apr 2025AY 2012-13

Bench: : Smt. Annapurna Gupta & Shri Sunil Kumar Singhassessment Year: 2012-13

Section 143(3)Section 147Section 148Section 263

section 50C of the Act, while assessing capital gains earned on the said transaction, and make addition of the excess of the stamp duty value to the actual consideration received. (2) . The assessee was found to have been allowed claim of deduction /exemption of its capital gain u/s. 54F of the Act amounting to Rs.16,06,618/- without any proof

SHRI ATUL SRIVASTAVA,AGRA vs. PCIT-1, AGRA, AGRA

The appeals of the assessees are allowed in above terms

ITA 57/AGR/2022[2012-13]Status: DisposedITAT Agra30 Apr 2025AY 2012-13

Bench: : Smt. Annapurna Gupta & Shri Sunil Kumar Singhassessment Year: 2012-13

Section 143(3)Section 147Section 148Section 263

section 50C of the Act, while assessing capital gains earned on the said transaction, and make addition of the excess of the stamp duty value to the actual consideration received. (2) . The assessee was found to have been allowed claim of deduction /exemption of its capital gain u/s. 54F of the Act amounting to Rs.16,06,618/- without any proof

SIDDHI VINAYAK SHIKSHA PRASAR EVAM SAMAJ KALYAN SAMITI,GWALIOR vs. CIT(EXEMPTION), BHOPAL

In the result, the both the appeals ITA No

ITA 579/AGR/2025[2025-26]Status: DisposedITAT Agra20 Feb 2026AY 2025-26

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

Section 12A(1)(ac)Section 80G(5)(iv)

section 80G(5)(iv)(B) of the CIT (Exemption) Bhopal Act. Ld. CIT(E) found that provisional registration u/s 12A(1)(ac)(vi) of the Act was granted to the assessee on 15.01.2022 for AY 2022-23 to 2024-25. Assessee was required to apply in form 10AB u/s 12A(1)(ac)(iii) of the Act within six months from

SIDDHI VINAYAK SHIKSHA PRASAR EVAM SAMAJ KALYAN SAMITI ,GWALIOR vs. CIT(EXTEMPTION) , BHOPAL

In the result, the both the appeals ITA No

ITA 578/AGR/2025[2025-26]Status: DisposedITAT Agra20 Feb 2026AY 2025-26

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

Section 12A(1)(ac)Section 80G(5)(iv)

section 80G(5)(iv)(B) of the CIT (Exemption) Bhopal Act. Ld. CIT(E) found that provisional registration u/s 12A(1)(ac)(vi) of the Act was granted to the assessee on 15.01.2022 for AY 2022-23 to 2024-25. Assessee was required to apply in form 10AB u/s 12A(1)(ac)(iii) of the Act within six months from

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

section 69 of Income tax Act, no addition is liable to be made, addition made by the AO, sustained by CIT Appeal is liable to be deleted. 3 That while making and sustaining the addition, the authorities below has not considered and appreciated the facts that the assessee is doing business since last so many years. The deposits made

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

section 69 of Income tax Act, no addition is liable to be made, addition made by the AO, sustained by CIT Appeal is liable to be deleted. 3 That while making and sustaining the addition, the authorities below has not considered and appreciated the facts that the assessee is doing business since last so many years. The deposits made