BharatTax.net
SearchITATHigh CourtsSupreme CourtAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

72 results for “capital gains”+ Section 5(2)clear

Sorted by relevance

Mumbai3,423Delhi2,648Chennai946Ahmedabad797Bangalore700Jaipur660Hyderabad585Kolkata579Pune427Indore348Chandigarh335Surat245Cochin217Nagpur196Raipur188Visakhapatnam171Rajkot154Lucknow122Amritsar100Patna90Panaji74Agra72Dehradun72Cuttack64Jodhpur55Guwahati52Ranchi52Jabalpur43Allahabad24Varanasi11

Key Topics

Section 14868Section 14766Addition to Income41Section 143(3)37Capital Gains33Section 50C31Section 26329Section 25026Section 143(1)20Long Term Capital Gains

PRAMOD KUMAR DUBEY,GWALIOR vs. INCOME TAX OFFICER,1(3), GWALIOR

In the result, the appeal of the assessee is allowed

ITA 314/AGR/2025[2024-25]Status: DisposedITAT Agra03 Sept 2025AY 2024-25

Bench: BEFORE, SHRI M. BALAGANESH (Accountant Member)

For Appellant: Shri Manuj Sharma, AdvFor Respondent: Shri Anil Kumar, Sr. DR
Section 111ASection 112ASection 112A(6)Section 115BSection 139(1)Section 139(5)Section 143(1)Section 250Section 87A

Section 87A of the Act on tax on income other than capital gains of Rs. 2,913 and tax on short-term capital gains of Rs. 22,087. The assessee paid self-assessment tax of Rs. 3,312 as per return of income filed for assessment year 2024-25. 5

Showing 1–20 of 72 · Page 1 of 4

19
Section 148A15
Reassessment15

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

2 | P a g e capital gain is exigible to tax, as the appellant/assessee had purchased two new residential house properties bearing No. 19/180 (in his name) and 19/01(jointly with his wife), situated at Tila Ajmeri Khan, Ghati Mamu Bhanja, Agra on 04.02.2014 for Rs.8,50,000/- and Rs.28,00,000/- respectively, hence, in terms of deduction envisaged

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

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

5. Because on due consideration of facts and circumstances of the case, learned ‘CIT (Appeals)’ has erred in upholding the validity of assessment without properly appreciating the fact that there has been no proper service of notice under section 142(1) of the ‘Act’ to all the legal heirs of the deceased appellant. Learned ‘CIT (Appeals) Page 2

YOGENDRA KUMAR GUPTA,GWALIOR vs. INCOME TAX OFFICER WARD 1(1) GWL, GWALIOR

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

ITA 176/AGR/2024[2017-18]Status: DisposedITAT Agra12 Feb 2025AY 2017-18

Bench: : Shri Ramit Kocharassessment Year: 2017-18

Section 143(1)Section 143(2)Section 143(3)Section 250Section 250(4)Section 250(6)Section 48Section 50

5 (Additional legal ground)- "That while passing the appellate order, the NFAC has completely ignored the facts that while passing the order, the AO has not even allowed the deduction in respect of the cost of the immovable property, subject matter of capital gain, which is required to be deducted while computing of capital gain, therefore, the orders passed

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

5. Against the above order, assessee is in appeal before us. 6. Learned Counsel for the assessee contended that Assessing Officer has made sufficient enquiry in this case on all the issues of the capital gains and after due enquiry he has allowed assessee’s claim. He further submitted that Learned Pr.CIT relied upon the Explanation 2 of Section

ABC PAPER PRODUCTS,AGRA vs. INCOME TAX OFFICER 1(1)(1) AGRA, AGRA

In the result, the appeal of the assessee is dismissed

ITA 146/AGR/2025[2018-19]Status: DisposedITAT Agra24 Jun 2025AY 2018-19
Section 10(37)Section 143(3)Section 250Section 250(4)Section 250(6)

2. The RFCTLARR Act which came in to effect from 1st January, 2014, in\nsection 96, inter-alia, provides that income-tax shall not be levied on any award or\nagreement made (except those made under section 46) under the RFCTARR Act.\nTherefore, compensation received for compulsory acquisition of land under the\nRFCTLARR Act (except those made under section

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

2 | P a g e Assessing Officer observed that the assessee has declared Rs.4,50,000/- as gross business receipts. Accordingly, he added the difference of Rs.3,07,400/- to the total income of the assessee. Further, he determined the short term capital gains of Rs.2,32,800/- and observed that the capital gain declared by the assessee

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)

section 36(1)(iii) of the Income-Tax Act, 1961 since the unsecured loans were utilized for making investment in the partnership firm from where income in the form of interest and remuneration was earned and offered for tax in the income-tax return. 4. That on the facts and in the circumstances of the case

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

BALDEV SINGH BHADORIYA,GWALIOR vs. ITO-3(2), GWALIOR

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

ITA 37/AGR/2023[2015-16]Status: DisposedITAT Agra04 Dec 2025AY 2015-16

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh(Through Virtual Hearing) Smt Kiran Lata Bhadoria, Vs. Income Tax Officer, Ward- L/H Of Late Shri Baldev 3(2), Singh Bhadoria, Gwalior Mig-20, Darpan Colony, 474005, Mp (Appellant) (Respondent) Pan: Ahopb3071D Assessee By : Shri Somil Agarwal, Adv Shri Deepesh Garg, Adv Revenue By: Shri Sukesh Kumar Jain, Cit(Dr) Date Of Hearing 15/09/2025 Date Of Pronouncement 04/12/2025

For Appellant: Shri Somil Agarwal, AdvFor Respondent: Shri Sukesh Kumar Jain, CIT(DR)
Section 143(3)Section 56(2)(vii)

5,24,34,000/- could be made by adopting the stamp duty value as purchase consideration under Section 56(2)(vii) of the Act, in the facts and circumstances of the instant case for purchase of agricultural land. 4. We have heard the rival submissions and perused the materials available on record. The return of income for the assessment year

GULAB SINGH,AGRA vs. INCOME TAX OFFICER 1(1)(1) AGRA, AGRA

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

ITA 453/AGR/2025[2010-11]Status: DisposedITAT Agra26 Nov 2025AY 2010-11

Bench: Shri M. Balaganesh(Through Virtual Hearing) Gulab Singh, Vs. Income Tax Officer, 50C, Ladamada Ward-1(1)(1), Bichpuri Sadar, Agra Agra (Appellant) (Respondent) Pan: Faeps1251N Assessee By : Shri Rajendra Sharma, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 20/11/2025 Date Of Pronouncement 26/11/2025

For Appellant: Shri Rajendra Sharma, AdvFor Respondent: Shri Anil Kumar, Sr. DR
Section 144Section 147Section 2(14)Section 50

5), Agra (hereinafter referred to as ‘ld. AO’). 2. The only issue to be decided in this appeal is as to whether the learned NFAC was justified in upholding the action of the Learned AO in computing the long term capital gains on sale of agricultural land in the facts and circumstances of the instant case. 3. I have heard

GAYATRI,AGRA vs. INCOME TAX OFFICER 2(1)(5), AGRA

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

ITA 139/AGR/2025[2010-11]Status: DisposedITAT Agra19 Nov 2025AY 2010-11
For Appellant: \nShri Rajendra Sharma, AdvFor Respondent: \nShri Anil Kumar, Sr. DR
Section 144Section 147Section 2(14)Section 50

5), Agra (hereinafter referred to as 'Id. AO').\n2.\nThe only issue to be decided in this appeal is as to whether the learned\nNFAC was justified in upholding the action of the Learned AO in computing the\nlong term capital gains on sale of agricultural land in the facts and\ncircumstances of the instant case.\n3.\nI have heard

BRIJESH PODDAR M/S KRISHAN KANHAIYA TEXTILES,HATHARS vs. ITO WARD 4(3)(4), HATHRAS

In the result, the appeal of the assessee is allowed

ITA 528/AGR/2025[2023-24]Status: DisposedITAT Agra03 Feb 2026AY 2023-24

Bench: Shri M. Balaganeshshri Brijesh Poddar (Prop), Vs. Ito, M/S. Krishna Kanhiya Ward-4(3)(4), Poddar Textile, Hanuman Hathras Gali, Hathras, Up (Appellant) (Respondent) Pan: Azgpp1350B Assessee By : Shri Pankaj Gargh, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 21/01/2026 Date Of Pronouncement 03/02/2026

For Appellant: Shri Pankaj Gargh, AdvFor Respondent: Shri Anil Kumar, Sr. DR
Section 115BSection 143(1)Section 143(3)Section 57

section 115BBH(2) of the Act, the assessee would be entitled to claim deduction on account of interest paid in the sum of Rs 5,74,560 while computing short-term capital gains

SANJANA GUPTA,JHANSI vs. ITO-WARD-2(3)(1) JHANSI, JHANSI

In the result, appeal of the assessee is allowed

ITA 433/AGR/2025[2014-2015]Status: DisposedITAT Agra21 Jan 2026AY 2014-2015

Bench: Shri M. Balaganeshsanjana Gupta, Vs. Ito, 130, Gudri Bazar, Jhansi Ward-2(3)(1), Jhansi (Appellant) (Respondent) Pan: Awbpg1536E Assessee By : Smt Prathna Jalan, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 19/01/2026 Date Of Pronouncement 21/01/2026 O R D E R

For Appellant: Smt Prathna Jalan, CAFor Respondent: Shri Anil Kumar, Sr. DR
Section 143(3)Section 254Section 50C(2)

Section 50C(2) of the Act as the consideration shown by the assessee for purchase was less than the value adopted by the Stamp Valuation Authorities and that the assessee had objected to the value adopted by the Stamp Valuation Authorities. Accordingly, the reference to ld DVO as contemplated u/s 50C(2) of the Act was made

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

2) was issued by the AO to the assessee, which was claimed by the AO to have been duly served on the assessee. The assessee participated in the assessment proceedings. The assessee P a g e | 3 Sarita Agrawal derived income from salary, tuition, embroidery and interest income. The AO observed that the assessee has shown long term capital gain

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

2) Plot of Land 27/03/2019 Value u/s 50C 1552000 Sale Consideration Received 600000 Sale Consideration 600000 Less: Transfer Expenses 0 600000 Less: indexed Cost Cost 533333 F.Y. 2002-03200000/105*280 533333 Total Long term Capital Gain 66667 Capital Loss Rs. 272271/- will not be set off -272271 From any other head of Income Further stating that the plots

GOVARDHAN SINGH,ALIGARH vs. ITO 4(1)(3) ALIGARH, ALIGARH

In the result, appeal is allowed for statistical purposes

ITA 57/AGR/2025[2018-19]Status: DisposedITAT Agra29 Aug 2025AY 2018-19

Bench: : Shri M. Balaganesh & Shri Sunil Kumar Singhassessment Year: 2018-19

Section 142(1)Section 148Section 250Section 250(6)

2 | P a g e 5. Learned AR has made written submissions and argued that the appellant is an agriculturist and sold the agricultural land for Rs.89.2 lakhs. He had no knowledge in respect of the computer or the Income-tax portal. The revenue has wrongly assessed the entire sale consideration as ‘short term capital gain’ and further that

ASHOK SAHU,JHANSI vs. INCOME TAX OFFICER, WARD 2(3)(1), JHANSI, JHANSI

In the result, appeal filed by the assessee is allowed

ITA 452/AGR/2025[2018-19]Status: DisposedITAT Agra21 Jan 2026AY 2018-19

Bench: Shri M. Balaganeshashok Sahu, Vs. Income Tax Officer, Purana Bazar, Chirgaon, Ward-2(3)(1), Jhansi Jhansi (Appellant) (Respondent) Pan: Jgsps3446H Sunita, Vs. Assessment Unit, Ward No. 2, Chobyana Income Tax Talrehat Lake View Department, Camp, Lalitpur, Lalitpur, National Faceless Up Appeal Centre, Delhi (Appellant) (Respondent) Pan: Jgps3438H

For Appellant: Shri Rajendra Sharma, AdvFor Respondent: Shri Anil Kumar, Sr. DR
Section 144BSection 147Section 148Section 148ASection 151Section 151A

capital gains for AY 2018-19. On the basis of this information, the JAO recorded the reasons for re-opening of assessment after taking prior approval of competent authority and thereafter, issued notices u/s.148A(b) of the Act [refer Page No.1 of the Paper Book] on 14.03.2022. Pursuant thereto, the assessee filed his reply to the said notice

SUNITA,SAHU vs. ASSESSMENT UNIT,INCOME TAX DEPARTMENT, DELHI

In the result, appeal filed by the assessee is allowed

ITA 432/AGR/2025[2018-19]Status: DisposedITAT Agra21 Jan 2026AY 2018-19

Bench: Shri M. Balaganeshashok Sahu, Vs. Income Tax Officer, Purana Bazar, Chirgaon, Ward-2(3)(1), Jhansi Jhansi (Appellant) (Respondent) Pan: Jgsps3446H Sunita, Vs. Assessment Unit, Ward No. 2, Chobyana Income Tax Talrehat Lake View Department, Camp, Lalitpur, Lalitpur, National Faceless Up Appeal Centre, Delhi (Appellant) (Respondent) Pan: Jgps3438H

For Appellant: Shri Rajendra Sharma, AdvFor Respondent: Shri Anil Kumar, Sr. DR
Section 144BSection 147Section 148Section 148ASection 151Section 151A

capital gains for AY 2018-19. On the basis of this information, the JAO recorded the reasons for re-opening of assessment after taking prior approval of competent authority and thereafter, issued notices u/s.148A(b) of the Act [refer Page No.1 of the Paper Book] on 14.03.2022. Pursuant thereto, the assessee filed his reply to the said notice