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36 results for “capital gains”+ Section 164clear

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Key Topics

Section 14854Section 143(3)43Addition to Income31Section 14724Section 13220Section 132(4)17Search & Seizure17Section 12A10Section 80G(5)

DEPUTY COMMISSIONER OF INCOME -TAX CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD, GUJARAT vs. BHAVESHKUMAR GIRISHBHAI BHANDARI, AHMEDABAD, GUJARAT

Appeal is allowed in ITA 978/Ahd/2025 and ITA\n978/Ahd/2025 as well

ITA 979/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad04 Nov 2025AY 2018-19
Section 132Section 143(1)Section 144BSection 147Section 250Section 37(1)Section 68

164 taxmann.com 669 (Ahmedabad -\nTrib.), and Smt. Paramadevi Tekriwal v. ITO [2025] 172 taxmann.com 430\n(Ahmedabad - Trib.), wherein on identical facts it was held that the so-called\ngains from penny stock scrips were not genuine but represented unaccounted\nmoney in the guise of exempt capital gains, and additions made by the\nAssessing Officer under section

Showing 1–20 of 36 · Page 1 of 2

10
Section 1010
Survey u/s 133A8
Capital Gains8

DEPUTY COMMISSIONER OF INCOME -TAX CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD, GUJARAT vs. GIRISHKUMAR AMRATLAL BHANDARI HUF, HIMATNAGAR, GUJARAT

In the result, the appeal of the Department is allowed and the order of\nthe Assessing Officer is restored

ITA 977/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad04 Nov 2025AY 2018-19
For Respondent: \nShri Abhijit Sr.DR
Section 132Section 143(1)Section 144BSection 147Section 250Section 37(1)Section 68

164 taxmann.com 669 (Ahmedabad -\nTrib.), and Smt. Paramadevi Tekriwal v. ITO [2025] 172 taxmann.com 430\n(Ahmedabad - Trib.), wherein on identical facts it was held that the so-called\ngains from penny stock scrips were not genuine but represented unaccounted\nmoney in the guise of exempt capital gains, and additions made by the\nAssessing Officer under section

DEPUTY COMMISSIONER OF INCOME -TAX CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD, GUJARAT vs. BHAVESHKUMAR GIRISHBHAI BHANDARI, AHMEDABAD, GUJARAT

In the result, the appeal of the Department is allowed and the order of\nthe Assessing Officer is restored

ITA 978/AHD/2025[2016-17]Status: DisposedITAT Ahmedabad04 Nov 2025AY 2016-17
For Respondent: \nShri Abhijit Sr.DR
Section 132Section 143(1)Section 144BSection 147Section 250Section 37(1)Section 68

164 taxmann.com 669 (Ahmedabad -\nTrib.), and Smt. Paramadevi Tekriwal v. ITO [2025] 172 taxmann.com 430\n(Ahmedabad - Trib.), wherein on identical facts it was held that the so-called\ngains from penny stock scrips were not genuine but represented unaccounted\nmoney in the guise of exempt capital gains, and additions made by the\nAssessing Officer under section

GITABEN DINESHBHAI PATEL,AHMEDABAD vs. ITO WARD 5(3)(1), AHMEDABAD

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

ITA 717/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad04 Nov 2025AY 2017-18

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Anil Kshatriya, AdvocateFor Respondent: Shri Abhijit, Sr. DR
Section 10(38)Section 144BSection 147Section 148Section 68

164 taxmann.com 669 (Ahmedabad - Trib.), and Smt. Paramadevi Tekriwal v. ITO [2025] 172 taxmann.com 430 (Ahmedabad - Trib.), wherein it has been categorically held that long-term capital gains arising from manipulated penny stock transactions, supported only by paper documentation, cannot be treated as genuine. 12. We note that the assessee contended that the transactions were genuine and duly supported

PARUL AROGYA SEVA MANDAL TRUST,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(2), AHMEDABAD

Appeals are allowed

ITA 991/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

For Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 133ASection 80G(5)

164, lends a meaning that denial of entire exemption is not contemplated in Section 13. As there is no apparent violation of provisions of Section 13 as discussed herein above, benefit provided in Section 11 and 12 cannot be denied. 5.8 So far as the activities of the trust are genuine, and income of the trust are applied

PARUL AROGYA SEVA MANDAL TRUST,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(2), AHMEDABAD

Appeals are allowed

ITA 992/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

For Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 133ASection 80G(5)

164, lends a meaning that denial of entire exemption is not contemplated in Section 13. As there is no apparent violation of provisions of Section 13 as discussed herein above, benefit provided in Section 11 and 12 cannot be denied. 5.8 So far as the activities of the trust are genuine, and income of the trust are applied

PARUL UNIVERSITY,VADODARA vs. THE DY.CIT,EXEMPTION CIRCLE-1, AHMEDABAD

Appeals are allowed

ITA 993/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

For Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 133ASection 80G(5)

164, lends a meaning that denial of entire exemption is not contemplated in Section 13. As there is no apparent violation of provisions of Section 13 as discussed herein above, benefit provided in Section 11 and 12 cannot be denied. 5.8 So far as the activities of the trust are genuine, and income of the trust are applied

DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD, AAYAKAR BHAWAN, ASHRAM ROAD, AHMEDABAD vs. PARUL AROGYA SEVA MANDAL TRUST, , AHMEDABAD

Appeals are allowed

ITA 1019/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

For Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 133ASection 80G(5)

164, lends a meaning that denial of entire exemption is not contemplated in Section 13. As there is no apparent violation of provisions of Section 13 as discussed herein above, benefit provided in Section 11 and 12 cannot be denied. 5.8 So far as the activities of the trust are genuine, and income of the trust are applied

DCIT, CENTRAL CIRCLE1(2), AHMEDABAD, AHMEDABAD vs. PARUL AROGYA SEVA MANDAL TRUST, AHMEDABAD

Appeals are allowed

ITA 1018/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

For Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 133ASection 80G(5)

164, lends a meaning that denial of entire exemption is not contemplated in Section 13. As there is no apparent violation of provisions of Section 13 as discussed herein above, benefit provided in Section 11 and 12 cannot be denied. 5.8 So far as the activities of the trust are genuine, and income of the trust are applied

FALGUNI S. MEHTA,AHMEDABAD vs. THE ITO, WARD-1(2)(1), VADODARA

In the result, the appeal of the assessee is allowed

ITA 1603/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad30 Jan 2025AY 2015-16
For Appellant: \nVsFor Respondent: \nShri S K Agal, Sr. DR
Section 143(3)Section 250Section 271(1)(c)

section 271(1)(c) of the Act, the assessee is\neligible to set-off losses incurred in the “futures and options” segment\nof Rs.4,07,195/- against “short term capital gains" on sale of shares\nand securities of Rs.5,90,935/-. Further, Ld. DR has also not brought\nanything on record to controvert the aforesaid facts during the course

BABULAL AMBALAL PATEL,GANDHINAGAR vs. THE ITO, WARD-4 (PRESENT WARD-1), MEHSANA

In the result, the appeal is dismissed

ITA 1495/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad15 Jan 2025AY 2011-12
For Appellant: \nShri Sulabh Padshah, A.RFor Respondent: \nMs. Ketaki Desai, Sr. DR
Section 144

164/- on account of Long term Capital gain in hands of Appellant is completely\nincorrect and illegal and the same be deleted in the interest of justice. The same please\nbe held accordingly.\n3.\nThe Learned AO has erred in passing the order invoking the provisions of\nSection 144 rws 147 of the Act. It is submitted that the Appellant

KAMINIBEN JAGDISHBHAI PATEL,ANAND vs. INCOME-TAX OFFICER, WARD-1, ANAND, ANAND

In the result, the appeal of the assessee is allowed

ITA 2/AHD/2026[2018-19]Status: DisposedITAT Ahmedabad27 Mar 2026AY 2018-19

Bench: Dr. B.R.R. Kumar, Vice- & Ms Suchitra Kamblekaminiben Jagdishbhai Patel, The Income Tax Officer, Vs. 8, Akshar Bhuvan , Ward-1, Royal Park Opp. Aksharfarm, Anand. Pramukh Swami Marg, Anand-388001. [Pan :Awupp6590 L] (Appellant) .. (Respondent) Appellant By : Shri Ak Khandelwal, Ar Respondent By: Shri Veerabadram Vislavath, Sr. Dr Date Of Hearing 25.03.2026 Date Of Pronouncement 27.03.2026

For Appellant: Shri AK Khandelwal, ARFor Respondent: Shri Veerabadram Vislavath, Sr. DR
Section 144

Capital Gain” of Rs. 8,00,164/-. The assessee, being an NRI, could not reply to the notices issued by the Assessing Officer as well as by the Ld. CIT(A), which resulted in a summary assessment under section

CLAYKING MINERALS LLP,MEHSANA vs. THE ITO, WARD-5, MEHSANA

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

ITA 82/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad27 May 2025AY 2018-19

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Hem Chhajed, ARFor Respondent: Shri Kalpesh Rupavatia, Sr. DR
Section 2(14)Section 56(2)(x)

gains in the hands of the seller as it is not considered as a capital asset itself. However, from the point of view of the “purchaser” of immovable property, as stated above, section 56(2)(x) mentions "any immovable property" which going by the plain words of the Statute, does not specifically exclude “agricultural land”. 10. In Nairin v. University

INCOME TAX OFFICER 1(1)(3), AHMEDABAD, AHMEDABAD vs. SURESHKUMAR BHIKALAL THAKKER, AHMEDABAD

In the result, the appeal of the Department is allowed

ITA 1593/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad06 Nov 2025AY 2015-16
For Appellant: Shri Dipen Shukhadia, ARFor Respondent: Shri Ravindra, Sr. DR
Section 10(38)Section 147Section 69A

section 68 where the assessee failed to establish\nthe identity and creditworthiness of counterparties and could not substantiate\nthe genuineness of steep price rise in shares of a company with no commercial\nworth. The ratio of this judgment squarely applies to the present case, as the\nassessee has completely failed to demonstrate the bona fides of the impugned\ntransactions

BALDEVBHAI LALABHAI LUHAR,AHMEDABAD vs. INCOME TAX OFFICER, WARD-1(1)(2), PRATYAKSHAR BHAVAN,AHMEDABAD

In the result, the ground no

ITA 888/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad11 Sept 2024AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri Makarand Vasant Mahadeokar

For Appellant: Respondent by: Shri Sudhakar Verma, Sr. DRFor Respondent: Shri Sudhakar Verma, Sr. DR
Section 250Section 271(1)(c)

gains tax was offered by the assessee in the return of income. Baldevbhai L Luhar vs. ITO Asst.Year 2015-16 - 5– 9. In response, the Ld.DR placed reliance on the observations of the AO and the Ld.CIT(A) in their respective orders. 10. The Ld.DR submitted before us that both the seller and the purchaser of the gold ornaments

VASANTIBEN CHIMANBHAI PATEL,PATAN vs. THE DY.CIT, CIRCLE PALANPUR, PALANPUR

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

ITA 211/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad28 Aug 2025AY 2012-13

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

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

164/-(The Jantri valuation) as full value consideration as per provisions of 50C of the 1. T. Act. As the Valuation Officer has already done the valuation of the aforementioned property and it was noticed that land in question was purchased at amount of Rs.8,40,000/- during the F.Y.2009-10, the calculation of the income under head capital gain

ACIT, CENTRAL CIRCLE - 2(1), AHMEDABAD, AHMEDABAD vs. DEEPAK JYOTIPRASAD CHIRIPAL, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

ITA 566/AHD/2025[2014-15]Status: DisposedITAT Ahmedabad03 Sept 2025AY 2014-15

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleassessment Year 2014-15

For Appellant: Shri Dhrunal Bhatt, A.RFor Respondent: Shri Abhijit, Sr. D.R
Section 143(1)Section 143(3)Section 148Section 2(14)Section 2(14)(iii)Section 63

section, a non-agriculturist cannot purchase an agricultural land in Gujarat and if the land is purchased for bonafide industrial purpose, then such land would be treated as non-agricultural land. The ld. D.R. relied upon the assessment order. I.T.A No. 566/Ahd/2025 Deepak Jyotiprasad Chiripal, A.Y. 2014-15 6. The ld. A.R. submitted that the CIT(A) has followed

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. ACIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result appeal of the Revenue is hereby partly allowed

ITA 1172/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad26 Feb 2024AY 2015-16

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Vartik Choksi, With Shri DhrunalBhatt, ARsFor Respondent: Shri Ritesh Parmar, CIT-DR
Section 143(3)Section 14ASection 35Section 43BSection 80

Capital Infusion. 55. The TPO found that the assessee during the year has made payment of share application money to the following AEs: S. Name of AE Amount in Rs. Date of Date of share No. payment allotted 1 Zao Torrent Pharma 20,51,66,850/- 08-08-2012 28-03-2013 2 Zao Torrent Pharma

VIJAY RAJNIKANT PATEL,AHMEDABAD vs. THE PR. CIT-3, AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 409/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad31 Jan 2024AY 2018-19

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

For Appellant: Shri Pratik Gattani, A.RFor Respondent: Shri Kamlesh Makwana, CIT DR
Section 143(3)Section 263Section 57

capital gain which is beyond the mandate of the limited swutiny issued by the CBDT. Hence, the directions of the Id. PCIT which are beyond the selection criteria of scope of scrutiny for the instant year cannot be held to be legally valid." 3.11 Further, apart from the above referred rulings, various benches of this Hon'ble Tribunal has consistently

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD vs. PRAKASH MISRIMAL SANGHVI, AHMEDABAD

In the result, the appeal of the Revenue in ITA No

ITA 1152/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad18 Feb 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 1138 To 1146/Ahd/2024 ("नधा"रण वष" / Assessment Years : 2013-14 To 2021-22) बनाम/ Prakash Misrimal Deputy Commissioner Of Sanghvi Income-Tax Vs. 17, Rajmugat Soc. Central Circle-1(1), Naranpura Char Rasta, Ahmedabad Naranpura, Ahmedabad 380013 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeps7266A (Appellant) .. (Respondent)

For Appellant: Shri S. N. Soparkar, Sr. Advocate &For Respondent: Shri A. P. Singh, CIT-DR
Section 132Section 132(4)Section 143(3)Section 147Section 148

164 taxmann.com 663 (Bombay) (v) Ravindra Reddy Katamreddy vs. DCIT,(2024) 159 taxmann.com 5 (Bombay) (vi) Gigantic Mercantile P. Ltd. vs. ACIT, (2024) 165 taxmann.com 646 (Bombay) (ii) The second challenge to the reopening was on the ground that the reopening for A.Ys. 2013-14 to 2015-16 was time barred in as much as u/s.149