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508 results for “capital gains”+ Business Incomeclear

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Key Topics

Addition to Income58Section 143(3)44Disallowance38Section 26335Section 6829Section 13227Section 14727Section 25024Section 14823

INCOME-TAX OFFICER, AHMEDABAD vs. JHAVERI SANDEEP BIPINCHANDRA (HUF), MUMBAI

The appeal of the Revenue is dismissed

ITA 805/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad10 May 2024AY 2016-17

Bench: Smt.Annapurna Gupta & Ms. Suchitra R. Kambleassessment Year : 2016-17 Jhaveri Sandeep Income Tax Officer, Vs. Bipinchandra (Huf), Ward-5(3)(1), 21, Crest Nutan Laxmi Soc., Ahmedabad 9Th Road, Jvpd Scheme, Juhu, Mumbai, Maharashtra 400049 Pan : Aachj 0855 Q अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Deepak Shah, Ar Revenue By : Shri Ashok Kumar Suthar, Sr Dr सुनवाई की तारीख/Date Of Hearing : 15.02.2024 घोषणा की तारीख /Date Of Pronouncement: 10.05.2024 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Revenue Against Order Of The Commissioner Of Income-Tax (Appeals), Pune-12 [Hereinafter Referred To As "Cit(A)" For Short] Dated 24.08.2023 Passed Under Section 250(6) Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2016-17. 2. Ground Of Appeal No.1 Raised By The Department Reads As Under:- “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Treating The Income Of Rs. 54,49,539/- As Short Term Capital Gain Instead Of Business Income.” 3. The Issue Raised In The Above Ground Relates To The Short Term Capital Gain Returned By The Assessee, On The Transactions Of Dealing In Shares, As Ito Vs Jhaveri Sandeep Bipinchandra Huf Ay : 2016-17 2

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri Ashok Kumar Suthar, Sr DR
Section 250(6)

gains, he set aside the order of the Assessing Officer treating the income earned from the trading activity in shares as business income and held that the income returned by the assessee by way of Short Term Capital

Showing 1–20 of 508 · Page 1 of 26

...
Section 132(4)23
Deduction23
Short Term Capital Gains19

BHANUPRASAD MAGANLAL PATEL,AHMEDABAD vs. ACIT, CIRCLE-3(3), AHMEDABAD

In the result, the appeal filed by the Assessee is hereby dismissed

ITA 7/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad12 Jan 2024AY 2015-16

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 143(3)Section 54F

business income or income from capital gain. (It is pertinent to note that In the decision reported in G. Venkataswami

SAMIR NETWORKS LLP(PREVIOUSLY KNOWN AS SAMIR STOCKHOLDINGS PVT. LTD.),AHMEDABAD vs. THE ACIT, CIRCLE-4(1)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 1040/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad05 Dec 2024AY 2016-17

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2016-17 Samir Networks Llp The Acit (Converted From Samir Networks Vs Circle-4(1)91) Private Limited) Ahmedabad [Previously Known As Samil Stockholdings Pvt.Ltd.] 8, Abhishree Residency-2 B/H. Kantam Party Plot, Bopal Ahmedabad – 380 058 (Gujarat) Pan: Aaccs 6455 J (Applicant) (Responent) Assessee By : Shri Dhinal Shah, Ar : Shri Sanjay Kumar, Sr.Dr Revenue By सुनवाई की तारीख/Date Of Hearing : 28/11/2024 घोषणा की तारीख /Date Of Pronouncement: 05/12/2024

For Appellant: Shri Dhinal Shah, AR
Section 143(3)Section 250Section 57

business income and no expenditure was allocated to capital gains. Once the principle was accepted and consistently applied and followed

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-2(1), AHMEDABAD vs. M/S. CLARIS LIFESCIENCES LIMITED, AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

ITA 295/AHD/2022[2018-19]Status: DisposedITAT Ahmedabad07 Feb 2024AY 2018-19

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकरअपीलसं./Ita No. 295/Ahd/2022 धििाधरणवरध/Asstt. Year: 2018-2019 The D.C.I.T, M/S Claris Lifesciences Limited, Central Circle-2(1), Vs. Claris Corporate Hq, Ahmedabad. Near Parimal Rly. Crossing, Ellisbridge, Ahmedabad-380006. Pan: Aaacc6366Q

For Appellant: Shri Tushar Hemani, Sr. Advocate with Shri Parimalsinh B. ParmarFor Respondent: Shri Sudhendu Das, CIT.D.R
Section 50Section 54ESection 70Section 74

Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Year 2018-19. A.Y. 2018-19 2 2. The solitary issue raised by the Revenue is that the learned CIT-A erred in allowing the set off of the long-term capital loss against the short-term capital gain arising from the sale

AJAY REGHUBHAI BHARWAD,VADODARA vs. THE ITO, WARD-1(2)(1), VADODARA

In the result, the appeals filed by the Assessees are dismissed

ITA 597/AHD/2020[2010-11]Status: DisposedITAT Ahmedabad10 Jan 2025AY 2010-11

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 143(3)Section 44A

income-tax under the head "Capital gains" with certain conditions and exemptions. In view of the above discussion, having regard to the facts of the case, it is held that the appellant is the owner of the land which was transferred to the company. The land so transferred was a capital asset because the lands purchased were converted

SHRI PIYUSH M DOBARIYA,VADODARA vs. THE ITO, WARD-5(4), VADODARA

In the result, the appeals filed by the Assessees are dismissed

ITA 595/AHD/2020[2009-10]Status: DisposedITAT Ahmedabad10 Jan 2025AY 2009-10

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 143(3)Section 44A

income-tax under the head "Capital gains" with certain conditions and exemptions. In view of the above discussion, having regard to the facts of the case, it is held that the appellant is the owner of the land which was transferred to the company. The land so transferred was a capital asset because the lands purchased were converted

SHRI AJAY REGHUBHAI BHARWAD,VADODARA vs. THE ITO, WARD-2(1), VADODARA

In the result, the appeals filed by the Assessees are dismissed

ITA 596/AHD/2020[2009-10]Status: DisposedITAT Ahmedabad10 Jan 2025AY 2009-10

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 143(3)Section 44A

income-tax under the head "Capital gains" with certain conditions and exemptions. In view of the above discussion, having regard to the facts of the case, it is held that the appellant is the owner of the land which was transferred to the company. The land so transferred was a capital asset because the lands purchased were converted

RECKITT BENCKISER HEALTHCARE INDIA PVT. LTD., ( FORMERLY KNOWN AS RECKITT BENCKISER HEALTHCARE INDIA LTD.,),HARYANA vs. DCIT, CIRCLE-3(1)(2), AHMEDABAD

In the result, appeal of the Revenue is dismissed

ITA 1184/AHD/2018[2011-12]Status: FixedITAT Ahmedabad18 Feb 2025AY 2011-12

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

For Appellant: Shri Dhinal Shah, ARFor Respondent: Shri V. Nand Kumar, CIT-DR
Section 115JSection 143(3)Section 2Section 250Section 391Section 45

capital gains and income from other source and no other income of the undertaking was offered as business income, investments

JCIT(OSD), CIR-3(1)(2), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE (INDIA) LTD, HARYANA

In the result, appeal of the Revenue is dismissed

ITA 1225/AHD/2018[2011-12]Status: DisposedITAT Ahmedabad18 Feb 2025AY 2011-12

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

For Appellant: Shri Dhinal Shah, ARFor Respondent: Shri V. Nand Kumar, CIT-DR
Section 115JSection 143(3)Section 2Section 250Section 391Section 45

capital gains and income from other source and no other income of the undertaking was offered as business income, investments

THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), AHMEDABAD vs. SHRI KAILASH RAMAVATAR GOENKA, AHMEDABAD

ITA 67/AHD/2023[2019-20]Status: DisposedITAT Ahmedabad10 Jan 2025AY 2019-20

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar

For Appellant: Shri Tushar Hemani, Sr.Advocate &For Respondent: Shri R.N. Dsouza, CIT-DR &
Section 132Section 153A

capital gains. The CIT(A) allowed deduction for unaccounted expenses related to these transactions for calculating taxable gains and restricted indexation benefits to the year of receipt of sale consideration. • Internal Circulation of Funds: Such transactions include Fund transfers within group entities treated as unexplained income by the AO. The CIT(A) recognised these as internal fund movements and treated

SHRI NAMAN JAYESHBHAI SHAH,AHMEDABAD vs. THE ACIT CIRCLE-1(3), AHMEDABAD

In the result, the appeal filed by the assessee is allowed

ITA 420/AHD/2020[2016-17]Status: DisposedITAT Ahmedabad07 Jun 2024AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

For Appellant: Shri Parimalsinh B. Parmar, A.RFor Respondent: Date of Hearing
Section 234ASection 271(1)(c)

business income or capital gain. When the Act provides for a mechanism for disclosure of Short-Term Capital Gain, where

MADHYA GUJARAT VIJ COMPANY LIMITED,VADODARA vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

ITA 374/AHD/2022[2018-19]Status: DisposedITAT Ahmedabad07 Feb 2024AY 2018-19

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 143(3)Section 234Section 271(1)(c)Section 32(1)(iia)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA vs. MADHYA GUJARAT VIJ COMPANY LTD., VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

ITA 368/AHD/2022[2015-16]Status: DisposedITAT Ahmedabad07 Feb 2024AY 2015-16

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 143(3)Section 234Section 271(1)(c)Section 32(1)(iia)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

MADHYA GUJARAT VIJ COMPANY LIMITED,VADODARA vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

ITA 372/AHD/2022[2014-15]Status: DisposedITAT Ahmedabad07 Feb 2024AY 2014-15

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 143(3)Section 234Section 271(1)(c)Section 32(1)(iia)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA vs. MADHYA GUJARAT VIJ COMPANY LTD., VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

ITA 367/AHD/2022[2014-15]Status: DisposedITAT Ahmedabad07 Feb 2024AY 2014-15

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 143(3)Section 234Section 271(1)(c)Section 32(1)(iia)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

MADHYA GUJARAT VIJ COMPANY LIMITED,VADODARA vs. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2), VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

ITA 373/AHD/2022[2015-16]Status: DisposedITAT Ahmedabad07 Feb 2024AY 2015-16

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 143(3)Section 234Section 271(1)(c)Section 32(1)(iia)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA vs. MADHYA GUJARAT VIJ COMPANY LTD., VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

ITA 369/AHD/2022[2018-19]Status: DisposedITAT Ahmedabad07 Feb 2024AY 2018-19

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 143(3)Section 234Section 271(1)(c)Section 32(1)(iia)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

THE ITO, WARD-1(2)(3), AHMEDABAD vs. SHRI MAHESH SOMABHAI PATEL, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

ITA 1854/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad19 Jun 2024AY 2014-15

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 10Section 10(38)Section 143(3)

business of trading in shares claimed long term capital gains arising out of sale of shares as exemption under section 10(38). The Assessing officer denied claim and made certain additions into assessee's income

SHRI NAVINCHANDRA N. PATEL,VADODARA vs. THE ACIT, CIRCLE-1(2), VADODARA

In the result, the appeal of the assessee is allowed

ITA 869/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad30 Apr 2025AY 2012-13

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

For Appellant: Shri Vipul Shah, ARFor Respondent: Shri R.N. Dzouza, CIT-DR
Section 143(3)Section 147Section 148Section 148(2)Section 14ASection 234BSection 250Section 271(1)(c)Section 45(2)Section 69

capital gain per square feet works out to Rs. 355.17 (Rs. 4390.07 lakh / 1236019 square feet [114829 square meters]). However, the assessee has already offered Rs. 210 per square feet out of the above short term capita] gain of Rs. 355.17 square feet as his business income

YOGESH HIMATLAL THAKKER,NAVRANGPURA,AHMEDABAD vs. INCOME TAX OFFICERWARD 4(1)(1), AHMEDABAD, AMBAWADI, AHMEDABAD,

In the result, the order of the Ld

ITA 1362/AHD/2024[2020-21]Status: DisposedITAT Ahmedabad11 Feb 2025AY 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

For Appellant: Shri Mehul Thakker, CAFor Respondent: Shri Yogesh Mishra, Sr DR
Section 131(1)Section 143(1)Section 250Section 36Section 48

capital gain in the intimation sent u/s 143(1) of the Act, but has added the difference of Rs 28,03,587/- which is the difference between long term gain as per Profit & Loss account of Rs 53,01,700 and long-term gain as per working after indexation Rs.24,98,113, as income from business