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297 results for “capital gains”+ Section 56(2)(vii)clear

Sorted by relevance

Mumbai979Delhi977Bangalore383Ahmedabad297Chennai246Jaipur214Karnataka177Kolkata135Chandigarh132Hyderabad109Indore95Raipur87Cochin75Pune63Calcutta51Cuttack45Panaji44Rajkot43Guwahati33Nagpur33Surat29Lucknow25Agra18Telangana17SC17Amritsar7Jodhpur7Visakhapatnam6Ranchi6Dehradun5Kerala5Rajasthan4Varanasi3Orissa2Patna2Jabalpur1Andhra Pradesh1Allahabad1Punjab & Haryana1A.K. SIKRI ROHINTON FALI NARIMAN1

Key Topics

Section 143(3)73Disallowance70Section 14A65Addition to Income63Depreciation33Section 80I32Deduction32Section 43B24Section 115J20

SHRI JIGAR JASHWANTLAL SHAH,AHMEDABAD vs. THE ACIT, CIRCLE-2(1)(1),, AHMEDABAD

Appeal is dismissed

ITA 1541/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad06 May 2022AY 2013-14
For Appellant: Shri S.N. Soparkar, A.RFor Respondent: Shri Shibaji Simlai, Sr. D.R
Section 143(1)Section 148Section 234Section 271(1)Section 56(2)Section 56(2)(vii)

gained' "qualitatively" with substantial controlling interest of 53.22% in AY 13-14 as compared to 27.90% in immediately preceding year AY 12-13 and 'quantitatively' with Rs.4,90,00,000 to be charged as income as per section 56(2)(vii) of the Act. Accordingly a sum of Rs. 4,90,00,000/- received by way disproportionate allotment of shares

Showing 1–20 of 297 · Page 1 of 15

...
Transfer Pricing18
Section 2(15)17
Section 1117

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. SHRI JIGAR JASHWANTLAL SHAH, AHMEDABAD

Appeal is dismissed

ITA 1643/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad06 May 2022AY 2013-14
For Appellant: Shri S.N. Soparkar, A.RFor Respondent: Shri Shibaji Simlai, Sr. D.R
Section 143(1)Section 148Section 234Section 271(1)Section 56(2)Section 56(2)(vii)

gained' "qualitatively" with substantial controlling interest of 53.22% in AY 13-14 as compared to 27.90% in immediately preceding year AY 12-13 and 'quantitatively' with Rs.4,90,00,000 to be charged as income as per section 56(2)(vii) of the Act. Accordingly a sum of Rs. 4,90,00,000/- received by way disproportionate allotment of shares

VISHNUBHAI MAFATBHAI DESAI,,AHMEDABAD vs. THE ITO, WARD-1(1)(4),, AHMEDABAD

In the result, the appeal of the assessee is dismissed

ITA 2849/AHD/2017[2014-15]Status: DisposedITAT Ahmedabad11 Sept 2019AY 2014-15

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. No. 2849/Ahd/2017 ("नधा"रण वष" / Assessment Year : 2014-15)

For Appellant: Shri S. V. Agrawal, A.R
Section 2(14)Section 49(4)Section 50CSection 54BSection 56Section 56(2)Section 56(2)(vii)

capital gain arises from the transfer of a property, the value of which has beer, subject to income-tax under clause (vii) [or clause (viia)] of sub section (2) of section 56

THE ACIT,(OSD)CIRCLE-8,, AHMEDABAD vs. TORRENT POWER LTD.,, AHMEDABAD

In the result, the appeal of the Revenue and the Cross-objection of the assessee, both are dismissed

ITA 1668/AHD/2012[2006-07]Status: DisposedITAT Ahmedabad05 Mar 2020AY 2006-07

Bench: Shri Sandeep Gosain & Shri Amarjit Singh

For Appellant: Shri Vartik ChowkshiFor Respondent: Shri Samir Tekriwal, CIT-DR
Section 115JSection 14Section 143(3)Section 14A

vii), 28(ii)(c). The phrase 'wholly and exclusively for the purposes of has been used in sections 37 and 57(iii). On going through the use of the above and other similar expressions in different parts of the Act, it is clearly borne out that these have not been used interchangeably. The Legislature is fully conscious of an employment

DCIT, CIR-3(1)(2), AHMEDABAD vs. M/S. OZONE INDIA LTD, AHMEDABAD

In the result, the appeal of the revenue as well as cross objection of the Assessee is dismissed

ITA 2081/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad13 Apr 2021AY 2013-14

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kedia

For Appellant: Ms. Nupur Shah, A.RFor Respondent: Shri Virendra Ojha, CIT.D.R
Section 56(2)(viib)

gain. The Income Tax Act has been subsequently amended to tax the revaluation of assets on amalgamation by inserting a new section 43C by Finance Act, 1988 which provided that where an asset acquired under the scheme of amalgamation is sold by an amalgamated company as its stock in trade, then in computing the business income, the cost of acquisition

KIFS SECURITIES PVT. LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(3),, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

ITA 63/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad29 Nov 2019AY 2013-14

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

Section 111ASection 143(3)Section 14ASection 43B

vii). The CIT(A) has not appreciated the fact that the provisions of section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs

THE ACIT, CIRCLE-3,, AHMEDABAD vs. KIFS SECURITIES LIMITED,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

ITA 2882/AHD/2014[2011-12]Status: DisposedITAT Ahmedabad29 Nov 2019AY 2011-12

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

Section 111ASection 143(3)Section 14ASection 43B

vii). The CIT(A) has not appreciated the fact that the provisions of section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs

KIFS SECURITIES LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE- 3,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

ITA 643/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad29 Nov 2019AY 2010-11

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

Section 111ASection 143(3)Section 14ASection 43B

vii). The CIT(A) has not appreciated the fact that the provisions of section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs

KIFS SECURITIES PVT. LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(3), AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

ITA 1885/AHD/2017[2014-15]Status: DisposedITAT Ahmedabad29 Nov 2019AY 2014-15

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

Section 111ASection 143(3)Section 14ASection 43B

vii). The CIT(A) has not appreciated the fact that the provisions of section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs

KIFS SECURITIES PVT. LTD.,AHMEDABAD vs. THE ACIT, CIRCLE-1(3), AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

ITA 786/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad29 Nov 2019AY 2012-13

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

Section 111ASection 143(3)Section 14ASection 43B

vii). The CIT(A) has not appreciated the fact that the provisions of section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs

KIFS SECURITIES LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE- 3,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

ITA 2717/AHD/2014[2011-12]Status: DisposedITAT Ahmedabad29 Nov 2019AY 2011-12

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

Section 111ASection 143(3)Section 14ASection 43B

vii). The CIT(A) has not appreciated the fact that the provisions of section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs

DY.COMMISSIONER OF INCOME TAX CIRCLE-1(3),, AHMEDABAD vs. KIFS PVT.LTD.,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

ITA 914/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad29 Nov 2019AY 2012-13

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

Section 111ASection 143(3)Section 14ASection 43B

vii). The CIT(A) has not appreciated the fact that the provisions of section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs

THE DY. CIT., CIRCLE-3,, AHMEDABAD vs. KHANDWALA INTEGRATED FINANCIAL SERVICES PVT. LTD, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

ITA 932/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad29 Nov 2019AY 2010-11

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

Section 111ASection 143(3)Section 14ASection 43B

vii). The CIT(A) has not appreciated the fact that the provisions of section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs

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

56,70,614/-, by making various additions/disallowances of Rs.13,19,12,485/- as capital gains under normal provisions of the Act and Rs.129,12,24,408/- as book profits u/s 115JB of the Act. 3. Aggrieved by the order of the Assessing Officer, the assessee has filed appeal before the ld. CIT(A) who confirmed/deleted some of the additions/ disallowances

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

56,70,614/-, by making various additions/disallowances of Rs.13,19,12,485/- as capital gains under normal provisions of the Act and Rs.129,12,24,408/- as book profits u/s 115JB of the Act. 3. Aggrieved by the order of the Assessing Officer, the assessee has filed appeal before the ld. CIT(A) who confirmed/deleted some of the additions/ disallowances

SUNNY TARUNKUMAR DOSHI,JETPUR vs. THE ITO, WARD-1(1)(1), AHMEDABAD

In the result, appeal filed by the assessee is dismissed

ITA 288/AHD/2021[2014-15]Status: DisposedITAT Ahmedabad14 Feb 2025AY 2014-15

Bench: Smt. Annapurna Gupta & Ms. Suchitra Kambleassessment Year: 2014-15

Section 142(1)Section 143(3)Section 147Section 148Section 234ASection 271(1)(c)Section 56(1)(vii)Section 56(2)(vii)Section 69A

56(2)(vii)(b)(i) of the Act. - In this connection, the assessee most respectfully submits that the provisions of S.56(2)(vii)(b) of the Act are applicable only when the assessee receives any immovable property without consideration and thereafter the provisions apply so as to determine the deemed income. - The appellant most respectfully submits that

THE DCIT, CIRCLE-1(3), AHMEDABAD vs. EDELWEISS FINANCIAL ADVISORS LTD., ( FORMERLY KNOWN ANAGRAM STOCK BROKING LTD.,), AHMEDABAD

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

ITA 445/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad01 Dec 2020AY 2011-12

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

For Respondent: Shri Dileep Kumar, Sr. DR
Section 143(3)Section 14ASection 32Section 36Section 36(2)Section 37Section 48Section 73

vii)/36 (2), 37 or 28 of the Act. 55. Aggrieved assessee preferred an appeal to the Learned CIT-A, who deleted the addition made by the AO by observing as under:- “ On careful consideration of entire facts it is observed that issue regarding disallowance of proportionate interest is covered in favour of Appellant by decision of Hon'ble Ahmedabad

M/S. EDELWEISS BROKING LTD. ( AMALGAMATING COMPANY EDELWEISS FINANCIAL ADVISORS LTD.),AHMEDABAD vs. THE JT. CIT, RANGE-3,, AHMEDABAD

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

ITA 318/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad01 Dec 2020AY 2011-12

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

For Respondent: Shri Dileep Kumar, Sr. DR
Section 143(3)Section 14ASection 32Section 36Section 36(2)Section 37Section 48Section 73

vii)/36 (2), 37 or 28 of the Act. 55. Aggrieved assessee preferred an appeal to the Learned CIT-A, who deleted the addition made by the AO by observing as under:- “ On careful consideration of entire facts it is observed that issue regarding disallowance of proportionate interest is covered in favour of Appellant by decision of Hon'ble Ahmedabad

THE DCIT, CIRCLE-1(3), AHMEDABAD vs. EDELWEISS BROKING LTD., AHMEDABAD

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

ITA 446/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad01 Dec 2020AY 2012-13

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

For Respondent: Shri Dileep Kumar, Sr. DR
Section 143(3)Section 14ASection 32Section 36Section 36(2)Section 37Section 48Section 73

vii)/36 (2), 37 or 28 of the Act. 55. Aggrieved assessee preferred an appeal to the Learned CIT-A, who deleted the addition made by the AO by observing as under:- “ On careful consideration of entire facts it is observed that issue regarding disallowance of proportionate interest is covered in favour of Appellant by decision of Hon'ble Ahmedabad

THE ACIT, (EXEMPTION) CIRCLE-1, AHMEDABAD vs. VYAKTI VIKAS KENDRA INDIA, AHMEDABAD

In the result revenue’s appeal is dismissed

ITA 2344/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad03 Sept 2019AY 2014-15

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

For Appellant: Shri N. R. Soni, CIT-D.RFor Respondent: Shri S. N. Soparkar, Sr. Advocate
Section 11Section 129Section 12ASection 13(1)(d)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 2(15)Section 244A

56,127 15.71% 23.14% 3 501-1000 10,87,10,735 1,21,084 33.88% 57.02% 4 1001-1500 4,18,12,615 33,179 9.28% 66.30% 5 1501-2000 2