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14 results for “capital gains”+ Section 145(3)clear

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Key Topics

Section 14416Section 143(3)14Section 115B12Section 6811Addition to Income11Section 26310Section 40A(3)7Section 184(5)6Section 250(6)5

THE DEPUTY COMMISSIONER OF INCOME TAX, JAMMU vs. M/S. JAMMU DEVELPMENT AUTHORITY,, JAMMU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the department is dismissed

ITA 494/ASR/2013[2005-06]Status: DisposedITAT Amritsar20 Mar 2019AY 2005-06

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 498/Asr./2013 : Asstt. Year : 2005-06 Jammu Development Authority, Vs Dy. Commissioner Of Income Vikas Bhawan, Rail Head Tax, Circle-I, Complex, Jammu, J & K Jammu (Appellant) (Respondent) Pan No. Aadfj7335A Ita No. 494/Asr./2013 : Asstt. Year : 2005-06 Dy. Commissioner Of Income Vs Jammu Development Authority, Tax, Circle-I, Vikas Bhawan, Rail Head Jammu Complex, Jammu, J & K (Appellant) (Respondent) Pan No. Aabcp1720E Assessee By : Shri. R. K. Gupta, Ca & Shri. Vasu Gupta, Ca Revenue By : Shri. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 22.03.2019 Order Per N. S. Saini: These Are The Cross Appeals Filed By The Assessee & Revenue Against The Order Of Commissioner Of Income Tax (Appeals) Dated 06.05.2013, Jammu.

For Appellant: Shri. R. K. Gupta, CA &For Respondent: Shri. M. P. Singh, CIT DR

section 145(3) of the Act. The appellant has taken a ground of Appeal that the value as on 01.04.81/date of transfer be adopted and indexed and allowed as deduction, however during the course of appellate proceedings appellant has not given any submission or arguments to justify its claim. It is observed that the authority is engaged

Disallowance5
Deduction3
Business Income2

M/S. JAMMU DEVELOPMENT AUTHORITY,,JAMMU ( J&K) vs. THE DEPUTY COMMISSIONER OF INCOME TAX, JAMMU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the department is dismissed

ITA 498/ASR/2013[2005-06]Status: DisposedITAT Amritsar20 Mar 2019AY 2005-06

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 498/Asr./2013 : Asstt. Year : 2005-06 Jammu Development Authority, Vs Dy. Commissioner Of Income Vikas Bhawan, Rail Head Tax, Circle-I, Complex, Jammu, J & K Jammu (Appellant) (Respondent) Pan No. Aadfj7335A Ita No. 494/Asr./2013 : Asstt. Year : 2005-06 Dy. Commissioner Of Income Vs Jammu Development Authority, Tax, Circle-I, Vikas Bhawan, Rail Head Jammu Complex, Jammu, J & K (Appellant) (Respondent) Pan No. Aabcp1720E Assessee By : Shri. R. K. Gupta, Ca & Shri. Vasu Gupta, Ca Revenue By : Shri. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 22.03.2019 Order Per N. S. Saini: These Are The Cross Appeals Filed By The Assessee & Revenue Against The Order Of Commissioner Of Income Tax (Appeals) Dated 06.05.2013, Jammu.

For Appellant: Shri. R. K. Gupta, CA &For Respondent: Shri. M. P. Singh, CIT DR

section 145(3) of the Act. The appellant has taken a ground of Appeal that the value as on 01.04.81/date of transfer be adopted and indexed and allowed as deduction, however during the course of appellate proceedings appellant has not given any submission or arguments to justify its claim. It is observed that the authority is engaged

THE INCOME TAX OFFICER, AMRITSAR. vs. SH. SHIV RAJ SINGH BAWA, AMRITSAR.

In the result, the Revenue’s appeal is allowed and the assessee’s CO, dismissed

ITA 407/ASR/2016[2012-13]Status: DisposedITAT Amritsar30 Jan 2019AY 2012-13

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 407/Asr/2016 Assessment Year: 2012-13

For Appellant: Sh. Charan Dass (D.R.)For Respondent: Sh. Tarun Bansal (Adv.)
Section 143(3)Section 40A(3)

gain, undertaken together. If the sale fell in dispute, and the matter is sub judice, that would not in any manner alter the assessee’s intent and object in acquiring the land, which in fact gets evident from its’ subsequent sale soon after. Why, the land could subsequently even be regarded as a capital asset, though, given the dispute which

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

In the result, the appeal filed by assessee is allowed

ITA 306/ASR/2024[2019-20]Status: DisposedITAT Amritsar09 Jan 2025AY 2019-20
Section 115BSection 143(3)Section 263Section 263(1)Section 69

Capital gains - Special\nprovision for computation of full value consideration (Revision) - Assessee had filed its\nreturn and same was processed under section 143(1) Subsequently, Principal\nCommissioner invoked revision under section 263 on ground that a land was sold by\nassessee to an entity below value adopted by concerned authority for levy of stamp duty,\nand therefore, there was under

INCOME TAX OFFICER WARD-3(5), JALANDHAR vs. SHRI NITIN PAL SINGH , JALANDHAR

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

ITA 46/ASR/2018[2013-14]Status: DisposedITAT Amritsar07 Jul 2023AY 2013-14

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

Section 143(3)Section 144Section 145(3)Section 250(6)Section 68

section 145(3) of the Act. Conclusion drawn by learned CIT(A) that “there is no infirmity in the proceedings adopted by AssessingOfficer and assessment order passed by Assessing Officer u/s 143(3) of the Act is valid” is bad in law & as such illegal. 2. (a) That on the facts and circumstances of the case, Learned Commissioner of Income

SHRI. NITIN PAL SINGH ,JALANDHAR vs. INCOME TAX OFFICER WARD-3(3), JALANDHAR

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

ITA 65/ASR/2018[2013-14]Status: DisposedITAT Amritsar07 Jul 2023AY 2013-14

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

Section 143(3)Section 144Section 145(3)Section 250(6)Section 68

section 145(3) of the Act. Conclusion drawn by learned CIT(A) that “there is no infirmity in the proceedings adopted by AssessingOfficer and assessment order passed by Assessing Officer u/s 143(3) of the Act is valid” is bad in law & as such illegal. 2. (a) That on the facts and circumstances of the case, Learned Commissioner of Income

M/S. GULZAR SINGH GURBACHAN SINGH,DISTT.BATHINDA vs. THE INCOME-TAX OFFICER, BATHINDA

In the result, the assessee’s appeals are dismissed

ITA 146/ASR/2014[2007-08]Status: DisposedITAT Amritsar15 Feb 2019AY 2007-08

Bench: Sh. Sanjay Arorai.T.A. Nos. 146&147/Asr/2014 Assessment Years: 2007-08&2008-09

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. Charan Dass (D.R.)
Section 139Section 142Section 143Section 144Section 184(5)Section 28Section 36(1)(iii)Section 40Section 5

capital account balances in view of section 184(5) of the Act, which reads as under: ‘CHAPTER XVI A. – Assessment of firms Assessment as a firm. 184. (1) A firm shall be assessed as a firm ……. (2) to (4) …… (5) Notwithstanding anything contained in any other provision of this Act, where, in respect of any assessment year, there

M/S. GULZAR SINGH GURBACHAN SINGH,DISTT.BATHINDA vs. THE INCOME-TAX OFFICER, BATHINDA

In the result, the assessee’s appeals are dismissed

ITA 147/ASR/2014[2008-09]Status: DisposedITAT Amritsar15 Feb 2019AY 2008-09

Bench: Sh. Sanjay Arorai.T.A. Nos. 146&147/Asr/2014 Assessment Years: 2007-08&2008-09

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. Charan Dass (D.R.)
Section 139Section 142Section 143Section 144Section 184(5)Section 28Section 36(1)(iii)Section 40Section 5

capital account balances in view of section 184(5) of the Act, which reads as under: ‘CHAPTER XVI A. – Assessment of firms Assessment as a firm. 184. (1) A firm shall be assessed as a firm ……. (2) to (4) …… (5) Notwithstanding anything contained in any other provision of this Act, where, in respect of any assessment year, there

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

gains of business shall be computed in accordance with the provisions contained in Sections 30 to 43D. Section 40 provides for certain disallowances in certain cases notwithstanding that those amounts are allowed generally under other sections. The computation under Section 29 is to be made under section 145 on the basis of the books regularly maintained by the asses

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

gains of business shall be computed in accordance with the provisions contained in Sections 30 to 43D. Section 40 provides for certain disallowances in certain cases notwithstanding that those amounts are allowed generally under other sections. The computation under Section 29 is to be made under section 145 on the basis of the books regularly maintained by the asses

M/S SANT BABA BHAG SINGH MEMORIAL CHARITABLE SOCIETY,JALANDHAR vs. D.C.I.T, CIRCLE - 1 (EXEMPTION), CHANDIGARH

In the result, the assessee’s appeal is partly allowed

ITA 432/ASR/2017[2014-15]Status: DisposedITAT Amritsar27 Feb 2019AY 2014-15

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 432/(Asr)/2017 Assessment Year: 2014-15

For Appellant: Sh. J. S. Bhasin (Adv.)For Respondent: Sh. Sandeep Chauhan, CIT-DR
Section 115BSection 12ASection 133(6)Section 143(3)Section 68

3), the donations ascribed to DSBBS, i.e., for Rs.435.575 lacs, could not be said to be anonymous donations. Apparently, not. This is as irrespective of the manner and mode of receipt of donation by DSBBS, as far as the assessee is concerned, it is the DSBBS which is the donor, which has in fact confirmed the relevant donation, a good

SHRI OM PARKASH LEGAL HEIAR SMT PUSHPA VERMA,JALANDHAR vs. INCOME TAX OFFICER WARD-1(3), JALANDHAR

In the result, the assessee’s appeal is dismissed

ITA 756/ASR/2017[2014-15]Status: DisposedITAT Amritsar31 Oct 2018AY 2014-15

Bench: Sh. Sanjay Arorai.T.A. No. 756/Asr/2017 Assessment Year: 2014-15

For Appellant: Sh. Ashray Sarna (C.A.)For Respondent: Sh. Charan Dass (D.R.)
Section 143(3)Section 145(3)Section 41(1)Section 41(1)(a)Section 68

145(3) of the Act. The same ratio ought to have been applied by him for the impugned additions also. Further, observing, upon a reading of the impugned order during hearing, that the ld. CIT(A) justifies the impugned addition u/s. 41(1) in case of rejection of accounts, as being in contradistinction to an addition

INCOME TAX OFFICER, WARD-1, FARIDKOT, BSNL BUILDING vs. M/S VOHRA SOLVEX PVT. LTD, SADIQ ROAD

In the result, C.O. filed by the assessee is allowed

ITA 588/ASR/2024[2014-15]Status: DisposedITAT Amritsar29 Apr 2025AY 2014-15

Bench: Sh. Udayan Dasgupta & Sh. Krinwant Sahay

For Appellant: Sh. Sudhir Sehgal, A.R
Section 143(3)Section 148Section 250(6)Section 69C

3,98,40,548/-) because the AO has inadvertently missed out the confirmed ledger A/c. Thereafter, the ld. CIT(A) arrived at a conclusion, that there is no material on record to prove that the cash paid by the assessee through bank channel has been received back by the assessee. He also 6 I.T.A. No. 588/Asr/2024 & Ors Vohra Solvex

SHRI MOHD MANZOOR,RAJOURI vs. INCOME TAX OFFICER WARD -2 (3), JAMMU

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

ITA 166/ASR/2022[2017-18]Status: HeardITAT Amritsar21 Sept 2023AY 2017-18

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

Section 144Section 250oSection 28Section 44ASection 69A

3. That the CIT(A) has erred in confirming the addition of Rs. 1124000/- u/s 69A ignoring the fact that the said sum of Rs. 1124000/- was already available with him on account of profits earned during the year under consideration for pre- demonetization period as well as during the various previous years and out of withdrawals made during