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62 results for “capital gains”+ Section 251clear

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Key Topics

Section 13246Section 14722Section 271(1)(c)17Section 25017Section 14816Addition to Income15Section 14411Section 14A11Penalty10

SANJAY JAYANTILAL SHAH,AHMEDABAD vs. THE ITO, WARD-2(1)(1), AHMEDABAD

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

ITA 79/AHD/2025[2014-15]Status: DisposedITAT Ahmedabad07 Oct 2025AY 2014-15

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokarasstt.Year : 2014-2015 Sanjay Jayantilal Shah Ito, Ward-2(1)(1) 202/A, Shivalik 10 Vs. Vejalpur Opp: Sbi Zonal Office Ahmedabad. Ambawadi, Ahmedabad 380 015 Pan : Aktps 8891 A (Applicant) (Responent) : Assessee By Shri S.N. Divatia & Shri Samir Vora, Ars. : Shri Kalpesh Rupavatia, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 30/09/2025 घोषणा क" तारीख /Date Of Pronouncement: 07/10/2025 आदेश/O R D E R आदेश आदेश आदेश Per Makarand V.Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 29.11.2024 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter Referred To As "Cit(A)"], For The Assessment Year 2014–15, Arising Out Of The Assessment Order Dated 31.03.2022 Passed U/S 147 Read With Section 144B Of The Income-Tax Act, 1961 (Hereinafter Referred To As "The Act") By The National Faceless Assessment Centre, Delhi [Hereinafter Referred To As "Assessing Officer Or Ao"].

Section 10(38)Section 144BSection 147Section 148Section 234ASection 271(1)(c)

Showing 1–20 of 62 · Page 1 of 4

Reopening of Assessment9
Section 115B8
Natural Justice7
Section 68
Section 69C

Capital Gain was not genuine. 2.5 Consequently, the Assessing Officer treated the amount of Rs.1,05,04,800/- being the sale consideration of shares as unexplained cash credits u/s 68 of the Act and further estimated cash commission at the rate of 5% of such accommodation entry, amounting to Rs. 5,25,240/-, as unexplained expenditure

SHAILESH NATVARLAL PATEL,AHMEDABAD vs. THE ITO, WARD-4(2)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 371/AHD/2025[2018-19]Status: HeardITAT Ahmedabad06 May 2025AY 2018-19

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokarasstt.Year : 2018-19

For Appellant: Shri Ravindra, Sr.DR
Section 142(1)Section 143(2)Section 143(3)Section 250Section 270ASection 54

gain on the sale of a residential flat and disallowance of claims made by the assessee under section 48 as well as 6 under section 54 of the Act. The Assessing Officer disallowed the assessee’s claims for: • Stamp duty of Rs.48,000/- claimed as part of the cost of acquisition, • Interior work cost of Rs.1,70,000/- (voucher dated

BHAVNA NACHIKETAN BAROT,VADODARA vs. ITO WARD - 1, MEHSANA

In the result, the appeal of the assessee is allowed

ITA 126/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad01 Jul 2025AY 2015-16

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleassessment Year 2015-16

For Appellant: Shri Ravindra Poojary, A.RFor Respondent: Shri B.P. Srivastava, Sr. D.R
Section 139Section 142(1)Section 144Section 147Section 148Section 148ASection 151Section 250Section 69

capital gain income is liable to be deleted. 6) On the facts and In the circumstances of the case and as per the law, the order dated 28.11.2024 as passed by the National Faceless Appeal Centre (NFAC) is bad in law since it dismisses the appeal on the reason of non-prosecution and does not adjudicate on the grounds

BABUBHAI RAMANBHAI PATEL,AHMEDABAD vs. NATIONAL FACELESS ASSESSMENT CENTRE,DELHI PRESENT JURISDICTION THE ITO, WARD-1(2)(1), AHMEDABAD

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

ITA 905/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad15 Feb 2024AY 2015-16

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

For Appellant: Shri Hemanshu Shah, A.RFor Respondent: Shri Sanjay Jain, Sr. D.R
Section 144Section 148

gains / losses, and Assessing Officer was of the view that the assessee had traded in a script, namely, Prerna Infrabuild Limited, which was a bogus company and did not exist at its address. Accordingly, the Assessing Officer was of the view that the assessee had incurred bogus short-term capital losses amount amounting to Rs.3,25,511/- which were required

BABUBHAI RAMANBHAI PATEL,AHMEDABAD vs. THE DY.CIT, CIRCLE-1(1)(1) PRESENT JURISDICTION THE ITO, WARD-1(2)(1), AHMEDABAD

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

ITA 904/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad15 Feb 2024AY 2012-13

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

For Appellant: Shri Hemanshu Shah, A.RFor Respondent: Shri Sanjay Jain, Sr. D.R
Section 144Section 148

gains / losses, and Assessing Officer was of the view that the assessee had traded in a script, namely, Prerna Infrabuild Limited, which was a bogus company and did not exist at its address. Accordingly, the Assessing Officer was of the view that the assessee had incurred bogus short-term capital losses amount amounting to Rs.3,25,511/- which were required

NALINI VIJAY SHAH,AHMEDABAD vs. ITO WARD 3(1)(2), AHMEDABAD

In the result, all appeals filed by the assessee are allowed for\nstatistical purposes

ITA 1540/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad13 Mar 2025AY 2015-16
For Appellant: \nShri Vivek Chavda, A.RFor Respondent: \nMs. Neeju Gupta, Sr. DR
Section 115BSection 144Section 147Section 250Section 251(1)(a)Section 271(1)(c)

251(1)(a) as the assessment was concluded ex parte\nunder section 144.\n5.1 The Ld. CIT(A) has grievously erred in law and / or on facts in upholding\nthe invocation of the provisions of Section 115BBE.\n5.2 That in the law and /or on facts, the Ld. CIT(A) ought not to have upheld\nthe invocation of the provisions

NIRAJ PRATAPBHAI SHAH,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-3(3)(2), (FORMERLY ITO, WARD-3(3)(3),, AHMEDABAD

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

ITA 85/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad09 Jul 2024AY 2013-14

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench

For Appellant: Shri Kushal Fofaria, A.RFor Respondent: Smt. Trupti Patel, Sr. D.R
Section 132Section 139Section 143(1)Section 147Section 234ASection 250Section 271(1)(c)Section 68

capital gain , and the assessee being beneficiary of such tax evasion wherein the assessee has carried out transaction of Rs. 2,77,500/- in the scrip of Safal Herbs Limited . The additions of Rs. 2,77,500/- was made by the AO to the income of the assessee as unexplained cash credit u/s. 68 of the Act. Alternatively

NIRAJ PRATAPBHAI SHAH,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(2)(FORMERLY ITO, WARD-3(3)(3)), AHMEDABAD

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

ITA 87/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad09 Jul 2024AY 2013-14

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench

For Appellant: Shri Kushal Fofaria, A.RFor Respondent: Smt. Trupti Patel, Sr. D.R
Section 132Section 139Section 143(1)Section 147Section 234ASection 250Section 271(1)(c)Section 68

capital gain , and the assessee being beneficiary of such tax evasion wherein the assessee has carried out transaction of Rs. 2,77,500/- in the scrip of Safal Herbs Limited . The additions of Rs. 2,77,500/- was made by the AO to the income of the assessee as unexplained cash credit u/s. 68 of the Act. Alternatively

ILABAHEN VIRALKUMAR MEHTA,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3, ANAND

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

ITA 17/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad16 Jul 2024AY 2012-13

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad Has Arisen From The

For Appellant: Ms. Kinjal V. Shah, A.RFor Respondent: Shri Sanjay Jain, Sr. D.R
Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250

capital gains/losses to various beneficiaries. The assessee being one of the beneficiary. The assessee has not declared and disclosed the transaction of sale and purchase of shares of Hemo Organics Limited in the return of income filed u/s 139, while the assessee declared gains arising on the sale of 8000 shares in the return of income filed in response

HASMUKHBHAI HANSRAJ PATEL,AHMEDABAD vs. THE ITO, WARD-3(3)(7), AHMEDABAD

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

ITA 1377/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad14 Jun 2024AY 2015-16

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalassessment Year : 2015-16 Hasmukhbhai Hansraj Patel Vs. The Ito, Ward-3(3)(7) C-202, Suvas Residency Ahmedabad. Opp: Maghmalhar Society Nikol Road Ahmedabad 382350. Pan : Bpdpp 1078 Q

For Appellant: Shri Seem L. Thakkar, ARFor Respondent: Shri Sushil Kumar Katiar, Sr.DR
Section 133(6)Section 250Section 69A

gains taxation. 8. We have heard the contentions and perused the material on record. The first issue for consideration before us is whether the Ld. CIT(Appeals), has in the instant facts erred in enhancing the income of the assessee, in light of the fact that the case of the assessee was opened under limited scrutiny scheme. Before proceeding

NALINI VIJAY SHAH,SATELLITE vs. WARD 3(1)(2) AHMEDABAD, AHMEDABAD

In the result, all appeals filed by the assessee are allowed for statistical purposes

ITA 1539/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad13 Mar 2025AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

For Appellant: Shri Vivek Chavda, A.RFor Respondent: Ms. Neeju Gupta, Sr. DR
Section 115BSection 144Section 147Section 250Section 251Section 271(1)(c)

251(1)(a) as the assessment was concluded ex parte under section 144. 4.2 That in the law and/ or on facts, the Ld. CIT(A) ought to have set a side the assessment as per Section 25 1(1) (a) as the assessment was concluded ex parte under section 144. 5.1 The Ld. CIT(A) has grievously erred

NALINI VIJAY SHAH,AHMEDABAD vs. ITO WARD 3(1)(2), AHMEDABAD

In the result, all appeals filed by the assessee are allowed for statistical purposes

ITA 1542/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad13 Mar 2025AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

For Appellant: Shri Vivek Chavda, A.RFor Respondent: Ms. Neeju Gupta, Sr. DR
Section 115BSection 144Section 147Section 250Section 251Section 271(1)(c)

251(1)(a) as the assessment was concluded ex parte under section 144. 4.2 That in the law and/ or on facts, the Ld. CIT(A) ought to have set a side the assessment as per Section 25 1(1) (a) as the assessment was concluded ex parte under section 144. 5.1 The Ld. CIT(A) has grievously erred

NALINI VIJAY SHAH,AHMEDABAD vs. ITO WARD 3(1)(2), AHMEDABAD

In the result, all appeals filed by the assessee are allowed for statistical purposes

ITA 1541/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad13 Mar 2025AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

For Appellant: Shri Vivek Chavda, A.RFor Respondent: Ms. Neeju Gupta, Sr. DR
Section 115BSection 144Section 147Section 250Section 251Section 271(1)(c)

251(1)(a) as the assessment was concluded ex parte under section 144. 4.2 That in the law and/ or on facts, the Ld. CIT(A) ought to have set a side the assessment as per Section 25 1(1) (a) as the assessment was concluded ex parte under section 144. 5.1 The Ld. CIT(A) has grievously erred

SHAILESHBHAI BHA vs. ANGBHAI CHAVDA,BHAVNAGARVS.THE INCOME TAX OFFICER WARD 1(4) BHAVNAGAR, BHAVNAGAR

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

ITA 248/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad11 Jul 2024AY 2012-13

Bench: Shri Ramit Kochar (Accountant Member)

For Appellant: Shri Jignesh Parikh, A.RFor Respondent: Smt. Trupti Patel, Sr. D.R
Section 132(4)Section 143(3)Section 147Section 148Section 250Section 68

gains/ short term capital loss/unsecured loans , and the total sale value of the scrips of these three companies aggregated to Rs.16,79,307/. Proceedings u/s. 147/148 were initiated against the assessee by the AO after recording of the reasons and after taking of necessary administrative approvals from the higher authorities. Notice u/s. 148 dated 30.03.2019 was issued and served upon

MUNJAL AUTO INDUSTRIES LIMITED,VADODARA, GUJARAT vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 2(1)(1), VADODARA, VADODARA, GUJARAT

In the result, the appeal of the assessee is allowed for statistical purposes with the direction that the matter is restored to the file of the CIT(A) for adjudication afresh in accordance with law

ITA 271/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad17 Sept 2025AY 2018-19

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokarasstt.Year : 2018-19 Munjal Auto Industries Ltd. Dcit, Cir.2(1)(1) 187 Gide Estate Vadodara. Waghodia Dist. Vadodara-391 760 Gujarat. Pan: Aaacg 8588 L (Applicant) (Responent) : Ms.Amrin Pathan, Ar Assessee By : Shri Yoeesh Mishra, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 15/09/2025 घोषणा क" तारीख /Date Of Pronouncement: 17/09/2025 आदेश आदेश/O R D E R आदेश आदेश

For Appellant: Shri Yoeesh Mishra, Sr.DR
Section 115JSection 143(3)Section 14ASection 234CSection 250Section 251Section 270ASection 80G

section 14A read with rule 8D of the Income Tax Rules, 1962 (“the Rules”) and thereby making disallowance of Rs. 53,36,814. 5. The learned CIT(A) erred in fact and in law in confirming the action of the learned AO and making disallowance u/s 14A of the Act without appreciating the facts on record in proper perspective

SAKET M JAIN (HUF),AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(2)(4), AHMEDABAD

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

ITA 314/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad12 Aug 2024AY 2013-14

Bench: Income Tax Appellate Tribunal, Ahmedabad Division Bench, Ahmedabad Has Arisen From The Appellate Order Dated 24.03.2023 Passed By Ld. Cit(A), Nfac, Delhi U/S.250 Of The Income-Tax Act,1961

For Appellant: None(Adjournment Application-Rejected)For Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 133(6)Section 142(1)Section 143Section 143(1)Section 143(2)Section 145Section 250

capital gain and from other sources. The assessee is engaged in the business of cutting, falling and selling standing trees. The AO observed from profit and loss accounts of M/s.Essam Trading Company of which the assessee is proprietor , that the 4 I.T.A No.314/Ahd/2023 A.Y. 2013-14 Page No. Saket M Jain(HUF) assessee has shown income from operation

ARVINDKUMAR AMULKH TANNA,AHMEDABAD vs. THE ACIT, CENTRAL CIRCLE-2 (3), AHMEADABAD

ITA 577/AHD/2020[2015-16]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

Section 132Section 143(1)Section 143(3)Section 153A

Capital Gain (LTCG) may kindly be deleted and the direction given by the Ld. CIT (A) to the AO be quashed. 3. Such and further relief as the nature and circumstances of the case may justify.” (b) In ITA No.577/Ahd/2020 for AY 2015-16 “The Ld. CIT (A) has grossly erred in law and on facts in partly allowing

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

GIVE FOUNDATION,BANGALORE vs. THE DY.CIT, CIRCLE-1(EXEMPTION), AHMEDABAD

In the result, the primary matter involved in all the Assessment

ITA 795/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad29 Jan 2024AY 2017-18

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

For Appellant: Ms. Urvashi Sodhan, A.RFor Respondent: Shri Ramesh Kumar, Sr. D.R
Section 11Section 12ASection 2(15)Section 234BSection 25Section 251(2)Section 270ASection 8

capital gain ignoring fact that income of the trust is required to tax by applying section 11 & 12 of the Act only. Give Foundation vs. DCIT Asst.Year –2017-18 - 3– (b) Ld. NFAC also erred in law and on facts in giving above direction which results in enhancement of income without issuing show cause notice u/s 251

ALKABEN KETULKUMAR PATEL,AHMEDABAD vs. THE DCIT, CIRCLE-3(2), AHMEDABAD

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

ITA 287/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad03 Jul 2024AY 2017-18

Bench: Shri Ramit Kochar (Accountant Member)

For Appellant: Shri Parimalsinh B. Parmar, A.RFor Respondent: Smt. Trupti Patel, Sr. D.R
Section 143(1)Section 143(2)Section 143(3)Section 68

capital account with other details were called for by the Assessing Officer from the assessee. The assessee had explained that she had withdrawn cash in the preceding year which has been introduced during the year under consideration. The Assessing Officer doubted the genuineness of the said credit as the Assessing Officer observed that the cash was withdrawn from the last