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12 results for “capital gains”+ Set Off of Lossesclear

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Mumbai4,317Delhi2,815Bangalore1,213Chennai1,061Kolkata1,021Ahmedabad836Jaipur515Hyderabad423Pune293Indore245Chandigarh242Cochin191Surat190Karnataka176Raipur146Nagpur117Rajkot107Lucknow93Cuttack92Agra91Visakhapatnam81Guwahati68SC61Calcutta60Amritsar60Telangana47Jodhpur30Patna26Dehradun22Ranchi19Panaji19Jabalpur15Allahabad12Kerala11Varanasi7Orissa7Rajasthan4Punjab & Haryana3Himachal Pradesh1Andhra Pradesh1ASHOK BHAN DALVEER BHANDARI1K.S. RADHAKRISHNAN A.K. SIKRI1

Key Topics

Section 143(3)22Section 14816Section 253(3)15Section 143(2)10Addition to Income8Section 1477Section 139(1)5Section 50C4Section 143(1)

ARUP BANERJI,ALLAHABAD vs. DCIT, CIRCLE-1, ALLAHABAD

In the result, the appeal of the assessee is allowed

ITA 80/ALLD/2024[2014-15]Status: DisposedITAT Allahabad29 Nov 2024AY 2014-15

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2014-15 Arup Banerji, Vs. Deputy Commissioner Of 14/18, Elgin Road, Allahabad Income Tax, Circle-1, Allahabad Pan:Acupb7330A (Appellant) (Respondent) Assessee By: Sh. S.K. Jaiswal, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 18.09.2024 Date Of Pronouncement: 29.11.2024 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dismissing His Appeal Against The Order Of The Dcit, Circle-1, Allahabad Passed On 30.12.2016. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. Because The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & On Facts In Holding That Appellant Does Not Want To Pursue The Appeal & Dismissing Appeal Ex- Party Without Affording An Adequate & Effective Opportunity Of Being Heard. 2. Because The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & On Facts In Not Allowing The Set-Off Of Loss From Derivative Trading Of Rs. 66,05,524/- Brought Forward From Assessment Year 2008-09 Against The Current Year Income Of Rs. 60,19,056/- Earned From Derivative Trading. 3. Because The Learned Commissioner Of Income Tax (Appeals) Has Wrongly Conceived The Fact That Appellant Has Brought Forward Loss From Trading In 'Commodity Derivatives' As Per Clause (E) Of Section 43(5) Whereas The Appellant Has Brought Forward Loss From Trading In 'Derivative' As Per Clause

For Appellant: Sh. S.K. Jaiswal, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 43(5)

loss may kindly be allowed to the assessee. 5. On the other hand, Shri. A.K. Singh, Sr. DR (hereinafter referred to as the ‘ld. DR’) argued that the assessee had not filed his returns carefully and shown the income as short term capital gain. Therefore, since capital gain could only be set

4
Short Term Capital Gains4
Capital Gains4
Condonation of Delay3

TRIVENI GLASS LIMITED,ALLAHABAD vs. INCOME TAX OFFICER WARD 2(3), ALLAHABAD

In the result, the appeal filed by assessee in ITA no

ITA 20/ALLD/2020[2012-13]Status: DisposedITAT Allahabad14 Oct 2021AY 2012-13

Bench: Shri.Vijay Pal Rao& Shri Ramit Kochar

For Appellant: Ms. Tanu Singhal, CAFor Respondent: Shri A. K. Singh,Sr. DR
Section 143(3)Section 154Section 253(3)

set off under sub-section (1) of section 72 or sub-section (2) of section 73 or sub-section (1) [or sub-section (3)] of section 74[or sub-section (3) of section 74A]. Return of income. 139. (1) to (2)*** (3) If any person who [***] has sustained a loss in any previous year under the head "Profits and gains

TRIVENI GLASS LIMITED,ALLAHABAD vs. INCOME TAX OFFICER WARD 2(3), ALLAHABAD

In the result, the appeal filed by assessee in ITA no

ITA 21/ALLD/2020[2013-14]Status: DisposedITAT Allahabad14 Oct 2021AY 2013-14

Bench: Shri.Vijay Pal Rao& Shri Ramit Kochar

For Appellant: Ms. Tanu Singhal, CAFor Respondent: Shri A. K. Singh,Sr. DR
Section 143(3)Section 154Section 253(3)

set off under sub-section (1) of section 72 or sub-section (2) of section 73 or sub-section (1) [or sub-section (3)] of section 74[or sub-section (3) of section 74A]. Return of income. 139. (1) to (2)*** (3) If any person who [***] has sustained a loss in any previous year under the head "Profits and gains

TRIVENI GLASS LIMITED,ALLAHABAD vs. INCOME TAX OFFICER WARD 2(3) , ALLAHABAD

In the result, the appeal filed by assessee in ITA no

ITA 19/ALLD/2020[2012-13]Status: DisposedITAT Allahabad14 Oct 2021AY 2012-13

Bench: Shri.Vijay Pal Rao& Shri Ramit Kochar

For Appellant: Ms. Tanu Singhal, CAFor Respondent: Shri A. K. Singh,Sr. DR
Section 143(3)Section 154Section 253(3)

set off under sub-section (1) of section 72 or sub-section (2) of section 73 or sub-section (1) [or sub-section (3)] of section 74[or sub-section (3) of section 74A]. Return of income. 139. (1) to (2)*** (3) If any person who [***] has sustained a loss in any previous year under the head "Profits and gains

MEJA URJA NIGAM (P) LTD.,ALLAHABAD vs. INCOME TAX OFFICE WARD-2 (2), ALLAHABAD

In the result, both the appeals of the assessee for ay: 2015-16 and 2016-17

ITA 54/ALLD/2020[2015-16]Status: DisposedITAT Allahabad03 Mar 2021AY 2015-16

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Ms.Namita S. Pandey, CIT DRFor Respondent: Shri Parv Agrawal, CA
Section 143(3)

loss incurred by the assessee in the relevant accounting year. In such a situation, the expenditure incurred by the assessee for the purpose of setting up its business cannot be allowed as deduction, nor can it be adjusted against any other income under any other head. Similarly, any income from a non-business source cannot be set off against

RASHMI MEHROTRA,,ALLAHABAD vs. DCIT,, ALLAHABAD

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

ITA 14/ALLD/2013[2006-07]Status: DisposedITAT Allahabad12 Feb 2020AY 2006-07

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2006-07 Rashmi Mehrotra V. Dcit 15B, Lal Bahadur Shastri Marg Circle I Allahabad Allahabad Tan/Pan:Acmpm2530M (Appellant) (Respondent) Appellant By: Shri N.C. Agarwal, C.A. Respondent By: Shri A. K. Singh, D.R. Date Of Hearing: 10 02 2020 Date Of Pronouncement: 12 02 2020

For Appellant: Shri N.C. Agarwal, C.AFor Respondent: Shri A. K. Singh, D.R
Section 143(2)Section 143(3)Section 147Section 148(2)Section 2(47)Section 282

Capital Gains. 11. Because the order passed by CIT(A) is bad in law as well as on facts. 12. Because the CIT(A) has erred in law and on facts in dismissing the following additional, '"ground taken before him : “Because the assessment order dated 31.12.2008 passed u/s 143(3) of the Act in wholly without ITA No.14/ALLD/2013 Page

AJAY KUMAR GUPTA,FATEHPUR vs. CIT(A), NFAC, DELHI (AO:ITO-2(4),FATEHPUR, FATEHPUR

In the result, appeal filed by assessee in ITA No

ITA 19/ALLD/2023[2017-18]Status: DisposedITAT Allahabad20 Mar 2023AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri Rajeev Kumar Agrawal, AdvocateFor Respondent: Shri A.K. Singh ,Sr. D.R
Section 142(1)Section 143(2)Section 143(3)Section 50C

capital gain/ loss on sale of 11 ITA No.19/Alld./2023 Assessment Year: 2017-18 Mr. Ajay Kumar Gupta, Fatehpur, U.P. v. CIT(A), NFAC, Delhi property. It is observed that the assessee sold agriculture land for Rs. 5,00,000/- , but value adopted by government authorities for levy of stamp duty on transfer of said property

SHOBHA RASTOGI,ALLAHABAD vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, ALLAHABAD

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

ITA 47/ALLD/2020[2008-09]Status: DisposedITAT Allahabad13 Aug 2021AY 2008-09

Bench: Shri.Vijay Pal Raoassessment Year: 2008-09 Smt. Shobha Rastogi, V. Deputy Commissioner Of Income 30-A, M.G. Marg, Civil Lines, Tax, Circle-1, Allahabad, U.P. Allahabad, U.P. Pan-Afqpr4774R (Appellant) (Respondent) Appellant By: Mr. Praveen Godbole, C.A. Respondent By: Mr. A.K. Singh, Sr. Dr Date Of Hearing: 12.08.2021 Date Of Pronouncement: 13.08.2021

For Appellant: Mr. Praveen Godbole, C.AFor Respondent: Mr. A.K. Singh, Sr. DR
Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 50C

set aside. 3. On the other hand, learned DR has pointed out that the Assessing Officer has issued notice under section 148 on 7.1.2010 and assessee has not filed any return of income in response to notice under section 148. Therefore, the notice under section 143(2) was not required to be issued when the assessee has not filed

RAMESH CHANDRA VAISH ,ALLAHABAD vs. ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE , ALLAHABAD

ITA 59/ALLD/2019[2014-15]Status: DisposedITAT Allahabad03 Jul 2023AY 2014-15

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: None (Application)For Respondent: Sh. A.K. Singh, Sr. DR
Section 143(3)

capital gain on sale of assets in the hands of the assessee. 4b. There is one more addition with respect to gift of Rs. 1,80,000/- received by the assessee from Sh. Saurabh Vaish which is subject matter of challenge before the tribunal. The assessee was asked by the AO to submit complete details alongwith address of the said

RAMESH CHANDRA VAISH,ALLAHABAD vs. ACIT, CENTRAL CIRCLE , ALLAHABAD

ITA 100/ALLD/2019[2015-16]Status: DisposedITAT Allahabad03 Jul 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: None (Application)For Respondent: Sh. A.K. Singh, Sr. DR
Section 143(3)

capital gain on sale of assets in the hands of the assessee. 4b. There is one more addition with respect to gift of Rs. 1,80,000/- received by the assessee from Sh. Saurabh Vaish which is subject matter of challenge before the tribunal. The assessee was asked by the AO to submit complete details alongwith address of the said

DCIT, CIRCLE-II , ALLAHABAD vs. BHARAT PUMPS & COMPRESSORS LTD, ALLAHABAD

In the result, appeal filed by Revenue for ay: 2007-08 is allowed for statistical purposes

ITA 147/ALLD/2016[2005-06]Status: DisposedITAT Allahabad12 Aug 2021AY 2005-06

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Ms. Tanu Singhal, C.AFor Respondent: Shri Shantanu Dhamija, CIT (DR)
Section 139(1)Section 143(1)Section 147Section 148Section 36(1)(va)

Loss Account and claimed as business expenditure against income of the assessee. Thus, it was claimed that the aforesaid shortfall/deficiency between interest earned by trust and the interest distributed by the trust to its member as per rate notified by Central Government is business expenses of assessee and is allowable as deduction while computing income chargeable

DCIT, CIRCLE-II , ALLAHABAD vs. BHARAT PUMPS & COMPRESSORS LTD, ALLAHABAD

In the result, appeal filed by Revenue for ay: 2007-08 is allowed for statistical purposes

ITA 148/ALLD/2016[2007-08]Status: DisposedITAT Allahabad12 Aug 2021AY 2007-08

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Ms. Tanu Singhal, C.AFor Respondent: Shri Shantanu Dhamija, CIT (DR)
Section 139(1)Section 143(1)Section 147Section 148Section 36(1)(va)

Loss Account and claimed as business expenditure against income of the assessee. Thus, it was claimed that the aforesaid shortfall/deficiency between interest earned by trust and the interest distributed by the trust to its member as per rate notified by Central Government is business expenses of assessee and is allowable as deduction while computing income chargeable