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120 results for “capital gains”+ Section 13(8)clear

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Key Topics

Section 14792Addition to Income78Section 14876Section 143(3)48Section 26343Section 69A29Section 250(6)27Disallowance24Exemption22

INCOME TAX OFFICER WARD-2 (1), JAMMU vs. SHRI MOHD ASLAM BAGGAR, JAMMU

In the result, the appeal of the department is dismissed

ITA 104/ASR/2020[2015-16]Status: DisposedITAT Amritsar28 Feb 2023AY 2015-16

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Joginder Singh, CAFor Respondent: Sh. Hitendra Bhauraoji Ninawe, CIT DR
Section 10Section 10(37)Section 45(5)

gain tax is chargeable on the compulsory acquisition of the urban land by resorting to the provisions of section 45(5) of the Income Tax Act, 1961 is unsustainable in view of the provisions of amended sub-section (37) of section 10 of the Income Tax Act, 1961. 11. There is no dispute as far as this condition is concerned

SH. VIJAY KUMAR,PROP. ,MOGA vs. INCOME TAX OFFICER WARD-3, MOGA

Showing 1–20 of 120 · Page 1 of 6

Section 25018
Section 6918
Long Term Capital Gains17

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

ITA 129/ASR/2019[2010-11]Status: DisposedITAT Amritsar22 Sept 2022AY 2010-11

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: NoneFor Respondent: Sh. Ghansham Sharma, Sr. DR
Section 148Section 271(1)(c)

section 271(1) (c) amounting to Rs. 1,13,676/- is hereby sustained.” 6. The appellant assessee raised contentions in the grounds that the ld. Commissioner of Income Tax (Appeals) erred in law as well as on facts while confirming penalty of Rs.1,13,676/- u/s 271(1)(c) levied by A.O. who 5 Vijay Kumar v. ITO failed

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH, CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

ITA 347/ASR/2024[2015-16]Status: DisposedITAT Amritsar30 Oct 2025AY 2015-16

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Ashray Sarna, C. A
Section 10(38)Section 132Section 144Section 144rSection 147Section 148Section 151Section 250(6)Section 68

capital gains came to their notice (Para 8 to 10). The aspect of discharge of onus of the assessee by filing documentary evidences, is dealt with at pars 25 to 88 of the order, holding that the burden in the said eases where the facts fanciful rise in shares in a short span of time and thereafter steep fall

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH. CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

ITA 346/ASR/2024[2014-15]Status: DisposedITAT Amritsar30 Oct 2025AY 2014-15

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Ashray Sarna, C. A
Section 10(38)Section 132Section 144Section 144rSection 147Section 148Section 151Section 250(6)Section 68

capital gains came to their notice (Para 8 to 10). The aspect of discharge of onus of the assessee by filing documentary evidences, is dealt with at pars 25 to 88 of the order, holding that the burden in the said eases where the facts fanciful rise in shares in a short span of time and thereafter steep fall

SHRI NAROTAM SINGH,MANSA vs. INCOME TAX OFFICER WARD -1(4), MANSA

In the result, both the appeals of the assessees are allowed

ITA 307/ASR/2019[2012-13]Status: DisposedITAT Amritsar30 Jun 2021AY 2012-13
For Appellant: Shri Tejmohan Singh, AdvocateFor Respondent: K.S. Bains, CIT DR
Section 143(3)Section 147Section 148Section 151Section 45(3)

section 45(3) of the IT Act, 1961 and assessed the long term capital gain amounting to Rs. 3,20,80,520/- in the hands of the assessee vide assessment order passed u/s 143(3) dated 20/12/2017. 3. The A.O. relied solely upon the sale deed dated 15.07.1981 for computing the FMV of the land

SHRI TARLOCHAN SINGH,MANSA vs. INCOME TAX OFFICER WARD-1(4), MANSA

In the result, both the appeals of the assessees are allowed

ITA 306/ASR/2019[2012-13]Status: DisposedITAT Amritsar30 Jun 2021AY 2012-13
For Appellant: Shri Tejmohan Singh, AdvocateFor Respondent: K.S. Bains, CIT DR
Section 143(3)Section 147Section 148Section 151Section 45(3)

section 45(3) of the IT Act, 1961 and assessed the long term capital gain amounting to Rs. 3,20,80,520/- in the hands of the assessee vide assessment order passed u/s 143(3) dated 20/12/2017. 3. The A.O. relied solely upon the sale deed dated 15.07.1981 for computing the FMV of the land

SMT. INDERMEET BAINS W/O SH. D.S. BAINS,BATHINDA vs. PR. COMMISSIONER OF INCOME TAX , BATHINDA

The appeal of the assessee is disposed of in the term indicated as above

ITA 250/ASR/2019[2011-12]Status: DisposedITAT Amritsar19 Oct 2022AY 2011-12

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Sudhir Sehgal & Sh. P.N. Arora, AdvFor Respondent: Sh. Amlendu Nath Misra, CIT DR
Section 143(3)Section 263

gain on the sale of this land comes at Rs. 2,90,04,020/-. However, the capital on sale of land was claimed exempt stating the sale of agriculture land. As per report of State Govt. Authorities, the land in question is located at a distance of 3 Kms. From the municipal area of Mohali, which clearly means the land

SHRI RANJEET SINGH,BATHINDA vs. INCOME TAX OFFICER WARD-1 (1), BATHINDA

In the result, both the appeals of the assessee are allowed

ITA 91/ASR/2023[2016-17]Status: DisposedITAT Amritsar30 Aug 2023AY 2016-17

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Sudhir Sehgal Adv. &For Respondent: Sh. Digvijai Chaudhary, Sr. DR
Section 96

8. The Ld. AR for the appellant submitted that the Ld. CIT(A) NFAC has erred on facts & law in confirming the action of the AO of assessing the income of the assessee at Rs.30,02,350/- as against the income at Rs.3,39,360/- declared in the revised return of income filed on 27.05.2017; that he was not justified

INCOME TAX OFFICER, WARD-2 , PHAGWARA vs. SH. SUCHA SINGH, PHILLAUR

In the result, the appeal of the Revenue is partly allowed

ITA 702/ASR/2017[2009-10]Status: FixedITAT Amritsar16 Aug 2021AY 2009-10

Bench: Shrilaliet Kumar & Dr. Mitha Lal Meena

Section 10(37)Section 143(2)Section 54B

13 ITA No.702/Asr/2017& C.O. 07/Asr/2018 publication of the declaration u/s Sub-section 1 of Land shall vest absolutely in the Central Govt. free from all encumbrances. 7. Hence the Land of the appellant goes to central govt. dtd.19- 07-2010 i.e; the date of publication in the Gazette of India. 8. At page 63 and 64 of the Gazette

SH. RAGHUNATH SAHAI PURI(DECD),PATHANKOT vs. THE DEPTY COMMISSIONER OF INCOME TAX, PATHANKOT

In the result, the appeal of the assessee is partly allowed

ITA 633/ASR/2014[2007-08]Status: DisposedITAT Amritsar19 Dec 2019AY 2007-08

Bench: Sh. N. K. Choudhry & Sh. O. P. Meenai.T.A. No. 633/Asr/2014 Assessment Year: 2007-08

For Appellant: Sh. J. S. Bhasin (Adv.)For Respondent: Sh. Alok Kumar CIT-DR
Section 250(6)Section 271(1)(c)Section 45Section 48

8. By virtue of the impugned order dated 04.12.2013, the ld. CIT(A) confirmed the levy of penalty on the assessee, observing, inter-alia, as follows: “Briefly noticed, the facts of the case are that the long term capital gain relating to transfer of land by the M/s. Defence Services Co-op. House Building Society Ltd., Mohali (facts discussed

INCOME TAX OFFICER, INCOME TAX OFFICE vs. VIKAS MEHRA, THE MALL

In the result, the appeal filed by the revenue is dismissed being devoid of

ITA 287/ASR/2023[2017-18]Status: DisposedITAT Amritsar07 Aug 2025AY 2017-18

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Jatinder Nagpal, Adv
Section 143(3)Section 250Section 49

8 I.T.A. No. 287/Asr/2025 Assessment Year: 2017-18 any capital assets during the year under appeal. He further submitted that both the residential house properties are still existing as on date and are enjoyed by the family member of the assessee as residential houses. 13. As such, he submitted that in absence of any sale or transfer of any capital

INCOME TAX OFFICER, FEROZEPUR vs. MS.JATIN AGRO, FORT ROAD

In the result, the appeal of the revenue is dismissed

ITA 104/ASR/2024[2017-18]Status: DisposedITAT Amritsar15 Jan 2026AY 2017-18

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta(Physical Hearing) I.T.A. No. 103 & 104/Asr/2024 Assessment Years: 2014-15 & 2017-18 Ito, Ward-3(1), Vs. M/S Jatin Agro Fort Road, Ferozepur. 152-P, Ferozepur. [Pan:-Aarpm5393F] (Appellant) (Respondent) Sh. Ashray Sarna, Ca Appellant By Respondent By Sh. Sunil Gautam, Cit. Dr

Section 143(3)Section 148Section 250Section 35A

13) of the Act, and hence, it has to be treated as business of the Appellant. I.T.A. No. 103 & 104/Asr/202 1 Assessment Years: 2014-15 and 2017-18 2 6.2. The AO has rejected the claim of deduction made under section 35AD(8)(C)(ii) of the Act, by stating that the income from warehousing is derived from house property

INCOME TAX OFFICER, WARD-3(1),FEROZEPUR, FEROZEPUR vs. MS.JATIN AGRO, FORT ROAD

In the result, the appeal of the revenue is dismissed

ITA 103/ASR/2024[2014-15]Status: DisposedITAT Amritsar15 Jan 2026AY 2014-15

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta(Physical Hearing) I.T.A. No. 103 & 104/Asr/2024 Assessment Years: 2014-15 & 2017-18 Ito, Ward-3(1), Vs. M/S Jatin Agro Fort Road, Ferozepur. 152-P, Ferozepur. [Pan:-Aarpm5393F] (Appellant) (Respondent) Sh. Ashray Sarna, Ca Appellant By Respondent By Sh. Sunil Gautam, Cit. Dr

Section 143(3)Section 148Section 250Section 35A

13) of the Act, and hence, it has to be treated as business of the Appellant. I.T.A. No. 103 & 104/Asr/202 1 Assessment Years: 2014-15 and 2017-18 2 6.2. The AO has rejected the claim of deduction made under section 35AD(8)(C)(ii) of the Act, by stating that the income from warehousing is derived from house property

THE INCOME TAX OFFICER, JALANDHAR vs. SH. SARWAN SINGH PHILLAUR, JALANDHAR

In the result, the appeal of the Revenue is dismissed and appeal filed by the assessee stands allowed

ITA 562/ASR/2015[2007-08]Status: DisposedITAT Amritsar14 Feb 2019AY 2007-08

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryi. T. A. No. 562/(Asr)/2015 Assessment Year: 2007-08

For Appellant: Sh. R.K.Sarna, ARFor Respondent: Shri Bhawani Shankar, DR
Section 148Section 271(1)(c)Section 54

Capital Gains of Rs. 33 lacs is upheld. 8. Being aggrieved by the said order of the CIT(A), both the assessee and Revenue is in appeal before us. 9. Before us, Ld. AR of the assessee filed copy of the notice dated issued u/s 274 of the Act. We find that the notice dated 22.12.2010, issued u/s 274 read

SH. SARWAN SINGH PHILLAUR,JALANDHAR vs. THE INCOME TAX OFFICER, JALANDHAR

In the result, the appeal of the Revenue is dismissed and appeal filed by the assessee stands allowed

ITA 531/ASR/2015[2007-08]Status: DisposedITAT Amritsar14 Feb 2019AY 2007-08

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryi. T. A. No. 562/(Asr)/2015 Assessment Year: 2007-08

For Appellant: Sh. R.K.Sarna, ARFor Respondent: Shri Bhawani Shankar, DR
Section 148Section 271(1)(c)Section 54

Capital Gains of Rs. 33 lacs is upheld. 8. Being aggrieved by the said order of the CIT(A), both the assessee and Revenue is in appeal before us. 9. Before us, Ld. AR of the assessee filed copy of the notice dated issued u/s 274 of the Act. We find that the notice dated 22.12.2010, issued u/s 274 read

SATIA INDUSTRIES LIMITED,MUKTSAR, PUNJAB vs. DCIT, ACIT CIRCLE 1, BATHINDA

In the result, the appeal is partly allowed

ITA 527/ASR/2024[2020-21]Status: DisposedITAT Amritsar28 Feb 2025AY 2020-21

Bench: Shri Udayan Das Gupta & Shri Krinwant Sahayआयकरअपीलसं./Ita No. 527/Asr/2024 िनधा"रणवष" / Assessment Year : 2020-21

For Appellant: S/Shri Sudhir SehgalFor Respondent: Shri K. Mehboob Ali Khan, CIT DR
Section 143(2)Section 143(3)Section 144C(13)Section 144C(5)Section 80

13. It is noticed that the Assessing Officer (A.O.), on the direction of the Dispute Resolution Panel (DRP), has reduced 20.50% as a subsequent loss from the conversion of high-pressure steam to medium-pressure steam and low-pressure steam. 14 The AR of the assessee submitted that the DRP erred in upholding the TPO's action of further reducing

M/S CITI PLAZA,JALANDHAR vs. INCOME TAX OFFICER , WARD 3(1), JALANDHAR

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

ITA 356/ASR/2017[2006-07]Status: DisposedITAT Amritsar13 Sept 2023AY 2006-07

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 147Section 148Section 250

capital gain, if any was assessable in AY 2006-07, which claim had been accepted by his predecessor to delete the addition made in AY 2005-06, now the contentions raised by assessee were totally misleading and contrary to facts. 4. The assessee had relied upon a plethora of under noted cases, wherein the findings/directions were elaborately explained

MR RUDER MANI WALIA,JALANDHAR vs. INCOME TAX OFFICER WARD-2 (3), JALANDHAR

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

ITA 257/ASR/2022[2017-18]Status: DisposedITAT Amritsar17 Jul 2023AY 2017-18

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.257/Asr/2022 Assessment Year: 2017-18

Section 10Section 143(1)Section 194DSection 2(14)Section 2(47)Section 250oSection 48

gains is that of the LIC maturity proceeds only. 6.2) Tax treatment of “any sum received under a Life Insurance Policy”: It is important to note that section 10(10D) and section 194DA deals with “any sum received under a Life Insurance Policy” and “Payment in respect of Life Insurance Policy” respectively. Incomes not included in total income

SHRI AMRIT LAL BATRA,SRINAGAR vs. THE DY. COMMISSIONER OF INCOME-TAX-3, SRINAGAR

Appeals of the appellant are disposed off in the terms indicated as above

ITA 482/ASR/2014[2010-11]Status: DisposedITAT Amritsar06 Oct 2023AY 2010-11

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Sudhir Sehgal, ARFor Respondent: Sh. Manoj Aggarwal, Sr. DR

8. Further the counsel referred to the Judgment of Hon’ble Apex Court in the case of Pr. CIT v. Bhanuprasad D Trivedi, HUF (supra) in the latest Judgment has even held that- “Where assessee had purchased shares with clear intention of being an investor and held shares by way of investment, gain arising out of transfer of shares should

SH. AMRIT LAL BATRA, PROP.,SRINAGAR vs. THE ADDITIONAL COMMISSIONER OF INCOME-TAX,, JAMMU

Appeals of the appellant are disposed off in the terms indicated as above

ITA 211/ASR/2013[2007-08]Status: DisposedITAT Amritsar06 Oct 2023AY 2007-08

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Sudhir Sehgal, ARFor Respondent: Sh. Manoj Aggarwal, Sr. DR

8. Further the counsel referred to the Judgment of Hon’ble Apex Court in the case of Pr. CIT v. Bhanuprasad D Trivedi, HUF (supra) in the latest Judgment has even held that- “Where assessee had purchased shares with clear intention of being an investor and held shares by way of investment, gain arising out of transfer of shares should