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20 results for “capital gains”+ Section 142(1)(ii)clear

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Key Topics

Section 26326Section 80P(4)15Section 143(3)14Section 14812Section 14711Section 80P8Section 142(1)8Deduction8Addition to Income8

SHRI RAMESH KUMAR ,BATHINDA vs. INCOME TAX OFFICER WARD-1(3), BATHINDA

ITA 342/ASR/2019[2010-11]Status: DisposedITAT Amritsar21 Feb 2022AY 2010-11

Bench: Sh. Ravish Sood & Dr. M. L. Meena

For Appellant: Sh. Tarun Bansal, AdvocateFor Respondent: Sh. Trilochan Singh PS Khalsa, DR
Section 147Section 148Section 55(2)(b)

section 55(2)(b) and 55A of Income Tax Act, respectively before calculating the Capital Gain and order of A.O require to be set-a-side. 10. That the Id.CIT(A) has erred in law, as well as ,on facts by holding the land in question as individual land by ignoring land revenue record and further ignored that neither such

SHRI BRIJINDERPAL SINGH BHULLAR,MOHALI vs. INCOME TAX OFFICER WARD- 1 (3), BATHINDA

Accordingly, the appeal filed by the assessee is allowed in terms of our aforesaid observations

Section 80P(2)(a)7
Exemption5
Disallowance4
ITA 671/ASR/2019[2008-09]Status: DisposedITAT Amritsar21 Feb 2022AY 2008-09

Bench: Sh. Ravish Sood & Dr. M. L. Meena

For Appellant: Sh. P. N. Arora, AdvFor Respondent: Sh. Trilochan Singh PS Khalsa, DR
Section 142(1)Section 147Section 148Section 271(1)(c)

142(1) too remained uncomplied with. Observing, that the assessee despite having been afforded sufficient opportunities had failed to comply with the notices that were issued to him, the A.O therein proceeded with the assessment on an ex-parte basis u/s 144 of the Act, i.e, on the basis of the material/information available on record. 3. Observing, that the assessee

SHRI BARJINDERPAL SINGH BHULLAR,MOHALI vs. INCOME TAX OFFICER WARD- 1 (3), BATHINDA

Accordingly, the appeal filed by the assessee is allowed in terms of our aforesaid observations

ITA 672/ASR/2019[2008-09]Status: DisposedITAT Amritsar21 Feb 2022AY 2008-09

Bench: Sh. Ravish Sood & Dr. M. L. Meena

For Appellant: Sh. P. N. Arora, AdvFor Respondent: Sh. Trilochan Singh PS Khalsa, DR
Section 142(1)Section 147Section 148Section 271(1)(c)

142(1) too remained uncomplied with. Observing, that the assessee despite having been afforded sufficient opportunities had failed to comply with the notices that were issued to him, the A.O therein proceeded with the assessment on an ex-parte basis u/s 144 of the Act, i.e, on the basis of the material/information available on record. 3. Observing, that the assessee

M/S ACTIVE TOOLS (P). LIMITED,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -II, JALANDHAR

ITA 260/ASR/2019[2014-15]Status: DisposedITAT Amritsar16 Aug 2021AY 2014-15

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 115Section 133ASection 142(1)Section 154Section 68Section 69Section 69ASection 69BSection 69CSection 69D

II M/s. Active Tools P. Ltd. 79, New Udyog Nagar Fazilpur Randhawa Masanda, Jhalandhar Jhalandhar (Punjab) PAN:AAECA6485E (Appellant) (Respondent) Appellant by Sh. Surindra Mahajan, C.A. Respondent by Smt. Jatindra Kaur, D.R. Date of Hearing 14.07.2021 16.08.2021 Date of Pronouncement ORDER Per Laliet Kumar, J.M. 1. That the present appeal was filed by the Assessee,feeling aggrieved by the order

POONAM MARWAHA,AMRITSAR vs. ACIT DCIT CEN CIR, AMRITSAR

ITA 306/ASR/2024[2019-20]Status: DisposedITAT Amritsar09 Jan 2025AY 2019-20

Bench: Sh. Vikram Singh Yadav & Sh. Udayan Dasgupta

Section 115BSection 143(3)Section 263Section 263(1)Section 44ASection 69

II. Section 40A(3), read with section 263, of the Income-tax Act, 1961 and rule 6DD of Income-tax Rules, 1962 - Business disallowance - Cash payment exceeding prescribed limit (Rule 6DD) - Assessment year 2013-14 - Assessee-company was engaged in business of manufacturing of dairy products Assessee filed return and Assessing Officer passed assessment order after making certain additions - Principal

MESERS EMBROCIA FARMS PVT LTD,PATHANKOT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, PATHANKOT

In the result, the assessee’s appeal is (in ITA No

ITA 561/ASR/2018[2006-07]Status: DisposedITAT Amritsar13 May 2019AY 2006-07

Bench: Sh. Sanjay Arorai.T.A. Nos. 561/Asr/2018 & 284/Asr/2017 Assessment Year: 2006-07

For Appellant: Sh. Tarsem Lal, AdvFor Respondent: Sh. Charan Dass, Sr. D.R
Section 143(3)Section 154Section 250Section 271(1)(c)Section 50C

capital gain could not be separately computed. Qua the first issue, the ld. CIT(A) held that the issue being now raised was not the subject matter of appeal and, consequently, not adjudicated u/s. 250 in the first instance. As regards the second ground, the same raised a contentious issue, i.e., which was debatable and, thus, outside the purview

M/S EMBROCIA FARMS PVT LTD. ,PATHANKOT vs. D.C.I.T, CIRCLE-6,, PATHANKOT

In the result, the assessee’s appeal is (in ITA No

ITA 284/ASR/2017[2006-07]Status: DisposedITAT Amritsar13 May 2019AY 2006-07

Bench: Sh. Sanjay Arorai.T.A. Nos. 561/Asr/2018 & 284/Asr/2017 Assessment Year: 2006-07

For Appellant: Sh. Tarsem Lal, AdvFor Respondent: Sh. Charan Dass, Sr. D.R
Section 143(3)Section 154Section 250Section 271(1)(c)Section 50C

capital gain could not be separately computed. Qua the first issue, the ld. CIT(A) held that the issue being now raised was not the subject matter of appeal and, consequently, not adjudicated u/s. 250 in the first instance. As regards the second ground, the same raised a contentious issue, i.e., which was debatable and, thus, outside the purview

SH. GURBACHAN SINGH BRAR,MOGA vs. ITO, WARD - 1,, MOGA

ITA 207/ASR/2017[2010-11]Status: DisposedITAT Amritsar16 Aug 2021AY 2010-11

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 132Section 143(2)Section 153ASection 153CSection 263(1)

142(1) of the Act has asked you to file the details of immovable properties acquired by you. On 16.03.2015, the Assessing Officer confronted you with the information available in his possession i.e. receipt-cum-agreement to sell dated 28.03.2009 and showed his intention to treat sum of Rs 5. 75 Crore (11.25 ITA 204 to 207/Amr/2017 9 crore

SH. SANTOKH SINGH BRAR,MOGA vs. ITO, WARD - 2,, MOGA

ITA 206/ASR/2017[2010-11]Status: DisposedITAT Amritsar16 Aug 2021AY 2010-11

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 132Section 143(2)Section 153ASection 153CSection 263(1)

142(1) of the Act has asked you to file the details of immovable properties acquired by you. On 16.03.2015, the Assessing Officer confronted you with the information available in his possession i.e. receipt-cum-agreement to sell dated 28.03.2009 and showed his intention to treat sum of Rs 5. 75 Crore (11.25 ITA 204 to 207/Amr/2017 9 crore

SHRI AMRITPAL SINGH (PROP),JALANDHAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX- 1, JALANDHAR

In the result, appeal of the assessee ITA No

ITA 425/ASR/2019[2014-15]Status: DisposedITAT Amritsar13 Sept 2023AY 2014-15

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

Section 110Section 263Section 54D

142(1) of the Income Tax Act, 1961 dated 07th November, 2016 (Refer Page No.(s)23, 27 & 28 of APB).It was after examination of assessee’s claim that the assessing officer proceeded to pass an order under section 143(3) dated 20th December, 2016(Refer Page No.(s)32 to 36 of APB). Resultantly, the assessee prays that

THE KOT RAM DASS COOP. THIRFT & CREDIT SOCIETY LIMITED,JALANDHAR vs. INCOME TAX OFFICER WARD-2 (4), JALANDHAR

In the result, appeal of the assessee ITA No

ITA 86/ASR/2021[2017-18]Status: DisposedITAT Amritsar13 Jun 2023AY 2017-18

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.86/Asr/2021 Assessment Year: 2017-18

Section 142(1)Section 143(3)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

142(1) of the Income-tax Act, 1961 issued on 07.12.2019, the assessee was show caused to explain which subsection of section 80P is applicable in its case under which it has claimed deduction under chapter VI-A and also to explain as to why interest I.T.A. No.86/Asr/2021 5 Assessment Year: 2017-18 earned on FDRs should not be treated

THE DHAMAI COOPERATIVE AGRICULTURE SERVICE SOCIETY LIMITED,HOSHIARPUR vs. INCOME TAX OFFICER , HOSHIARPUR

In the result, the appeals filed by the appellant are allowed and the order(s) of the Kerala High Court and other authorities to the contrary are set aside

ITA 273/ASR/2023[2017-18]Status: DisposedITAT Amritsar09 Nov 2023AY 2017-18

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.273/Asr/2023 Assessment Year: 2017-18

Section 143(3)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

142(1) of the Income-tax Act, 1961 issued on 07.12.2019, the assessee was show caused to explain which subsection of section 80P is applicable in its case under which it has claimed deduction under chapter VI-A and also to explain as to why interest earned on FDRs I.T.A. No.273/Asr/2023 6 Assessment Year: 2017-18 should not be treated

THE DHAMAI COOPERATIVE AGRICULTURE SERVICE SOCIETY LIMITED,HOSHIARPUR vs. INCOME TAX OFFICER WARD, HOSHIARPUR

In the result, appeal of the assessee ITA No

ITA 238/ASR/2023[2020-21]Status: DisposedITAT Amritsar13 Sept 2023AY 2020-21

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.238/Asr/2023 Assessment Year: 2020-21

Section 143(3)Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 80P(4)

142(1) of the Income-tax Act, 1961 issued on 07.12.2019, the assessee was show caused to explain which subsection of section 80P is applicable in its case under which it has claimed deduction under chapter VI-A and also to explain as to why interest earned on FDRs should not be treated as income from other sources instead

SH. GURJINDER SINGH,AMRITSAR vs. PR. COMMISSIONER OF INCOME TAX -1, AMRITSAR

In the result, appeal of the assessee is allowed

ITA 185/ASR/2019[2014-15]Status: DisposedITAT Amritsar30 Mar 2023AY 2014-15

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

For Appellant: Sh. Ashwani Kalia, CAFor Respondent: Smt. Balwinder Kaur, CIT DR
Section 194CSection 263

142(1). Copy of the same is enclosed at Page 16 to 17. 3 During the course of assessment proceedings the ld.AO fixed the case for hearing at very short intervals and large number of queries were raised in addition to the above questionnaire which were all duly replied by the appellant along with the necessary details and explanations

SH. JASWINDER SINGH,BATHINDA vs. THE INCOME TAX OFFICER,, BATHINDA

ITA 115/ASR/2016[2011-12]Status: DisposedITAT Amritsar21 Feb 2022AY 2011-12

Bench: Sh. Ravish Sood & Dr. M. L. Meena

For Appellant: Sh. P. N. Arora, AdvocateFor Respondent: Sh. Rahul Dhawan, CIT-DR
Section 143(3)Section 263

ii) out of the balance sale consideration received at the time of registration of the sale deeds. However, the Pr. CIT, observed, that the consideration that had exchanged hands between the parties, i.e, as per the registered sale deeds was Rs. 11.71 lacs (Rs. 4.5 lac (+) Rs. 7.21 lac) as against Rs. 1.21 crore mentioned in agreement. It was further

M/S STEP BY STEP JUNIOR SCHOOL SOCIETY,AMRITSAR. vs. COMMISSIONER OF INCOME TAX (EXEMPTION), CHANDIGARH

ITA 596/ASR/2016[2015-16]Status: DisposedITAT Amritsar16 Aug 2021AY 2015-16

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 10

142 of compilation of judgments]. 8. Decision of ITAT Amritsar Bench Amritsar in the case of Sant Ishwar Shiksha Samiti vs. CIT(E) Chandigarh in ITA No. 670(ASR)/2015 order dated 30/08/2017 relating to AY 2015-16. 9. Decision of Punjab & Haryana High Court in the case of Pinegrove International Charitable Trust and Ors vs Union of India

SH. LALIT DEEWAN,JAMMU vs. D.C.I.T., CIRCLE-2, JAMMU

In the result, the Revenue’s appeal is allowed for statistical purposes

ITA 453/ASR/2017[2013-14]Status: DisposedITAT Amritsar28 May 2019AY 2013-14

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi. T. A. No. 453/Asr/2017 Assessment Year: 2013-14

For Appellant: Sh. C J S Nanda (C.A.)For Respondent: Sh. Charan Dass (D.R.)
Section 144Section 54F

section 144 of the Income Tax Act, 1961 ('the Act' hereinafter) vide order dated 22.01.2016 for Assessment Year (AY) 2013-14. 2. The facts of the case in-so-far as are relevant are that the assessee sold an immovable property, being a plot of land (at Gattha Sohana, Haryana) during the 2 Lalit Dewan v. Dy. CIT relevant year

MESERS AMARNARTH AGGARWAL BUILDERS PVT. LTD.,BATHINDA vs. DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE-1, BATHINDA

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

ITA 192/ASR/2018[2014-15]Status: DisposedITAT Amritsar11 Aug 2022AY 2014-15

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

For Appellant: Sh. Sudhir Sehgal &For Respondent: Sh. S. M. Surendranath, Sr. DR
Section 143(3)Section 250(6)Section 36(2)Section 36(2)(i)

section 36(2)(i) no deduction of bad 4 Amarnath Aggarwal B. P Ltd v. Dy.CIT doubtful debts. The assessee’s contention is that the assessee wanted to purchase the land in anticipation for financial gain in Panchkula and paid the amount accordingly. The assessee denied that he never claimed this amount

THE DY. COMMISSIONER OF INCOME-TAX,, JAMMU vs. M/S. CONTINENTAL CONSTRUCTION CO,, JAMMU ( J&K)

In the result, the appeal filed by the assessee is allowed as well as the appeal filed the Revenue Department is dismissed and Cross Objection also stands disposed off

ITA 27/ASR/2013[2009-10]Status: DisposedITAT Amritsar18 Jan 2019AY 2009-10

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryita No.38(Asr)/2013 Assessment Year:2009-10

For Appellant: Sh. R.L. Gupta (Ld. Adv.)For Respondent: Sh. Charan Dass (Ld. DR)
Section 142(1)Section 250(6)Section 32(1)Section 36(1)(iii)Section 40Section 40A(3)Section 68

142(1) required the assessee to support its’ claim qua the said loan with any material/ evidence. This does not appear to be the case as there is no reference thereto by him either in the assessment order or in the remand report. The addition under the circumstances could only be on the basis of some ITA Nos.38 & 27/Asr/2013

M/S. CONTINENTAL CONSTRUCTION CO.,,JAMMU vs. THE DY. COMMISSIONER OF INCOME-TAX (HQRS), JAMMU

In the result, the appeal filed by the assessee is allowed as well as the appeal filed the Revenue Department is dismissed and Cross Objection also stands disposed off

ITA 38/ASR/2013[2009-10]Status: DisposedITAT Amritsar15 Jan 2019AY 2009-10

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryita No.38(Asr)/2013 Assessment Year:2009-10

For Appellant: Sh. R.L. Gupta (Ld. Adv.)For Respondent: Sh. Charan Dass (Ld. DR)
Section 142(1)Section 250(6)Section 32(1)Section 36(1)(iii)Section 40Section 40A(3)Section 68

142(1) required the assessee to support its’ claim qua the said loan with any material/ evidence. This does not appear to be the case as there is no reference thereto by him either in the assessment order or in the remand report. The addition under the circumstances could only be on the basis of some ITA Nos.38 & 27/Asr/2013