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14 results for “capital gains”+ Section 200clear

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Key Topics

Section 143(3)20Section 26316Section 80P(4)15Addition to Income11Section 80P8Section 41(1)8Section 80P(2)(a)7Section 80P(2)(d)6Deduction

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

capital accretion and not profit derived from an adventure in the nature of trade. 20. In another case of ‘Janab Abubucker Salt Vs. CIT’, (1962) 45 ITR 37- (Madras HC), the Hon'ble High Court held that- "One of the essential elements in an adventure in the nature of trade is the intention to trade; that intention must be present

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

5
Section 2504
Disallowance4
Business Income4
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

200/- by holding that Section 49 under the head capital gains is not a charging section under the IT Act and there

SH. JASPAL SINGH S/O SH. SWARAN SINGH,AMRITSAR. vs. THE INCOME TAX OFFICER,, AMRITSAR.

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

ITA 445/ASR/2016[2004-05]Status: DisposedITAT Amritsar08 May 2019AY 2004-05

Bench: Sh. Sanjay Arorai.T.A. No. 445/Asr/2016 Assessment Year: 2004-05

For Appellant: Sh. Padam Bahl (C.A.)For Respondent: Sh. Charan Dass (D.R.)
Section 144Section 154

200 (SC)). How could, then, the reasons recorded be assailed, at which stage all that is relevant is a honest, prima facie, opinion, of the income chargeable to tax escaping assessment (refer, inter alia, Asst. CIT v. Rajesh Jhaveri Stock Brokers (P.) Ltd. [2007] 291 ITR 500 (SC); Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC)). Neither

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

capital gain and transaction relating to investments—Observation of the CIT that the AO had arrived at his finding without conducting an enquiry was erroneous—Tribunal was justified in coming to the conclusion that recourse to the powers under s. 263 was not warranted” CIT V Munjal Casting 303 ITR 23(2008) (P&H) “Revision—Validity—AO taking a possible

SH. MANINDER SINGH CHEEMA,HOSHIARPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, HOSHIARPUR

In the result, the assessee appeal is dismissed

ITA 702/ASR/2013[2009-10]Status: DisposedITAT Amritsar07 Jul 2021AY 2009-10

Bench: Sh. Laliet Kumar & Dr. M. L. Meenai.T.A. No. 702/Asr/2013 Assessment Year: 2009-10

Section 133A

capital account with Rs, 89,95,000/-. 3 3. That in the statement of assessable income business related items of Rs. 89,95,000/- were declared under the head business income & balance Rs. 30,05,000/- were declared under the head income from other source. 4. That Rs. 83,00;000/- development expenses of Kartar Estate were debited in trading

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

200 units of electricity transferred to the paper unit, the arm's length price works out to Rs. 2,08,32,55,524. The AR drew the bench's attention to the reply submitted before the DRP, where this objection was raised. Therefore, the AR argued that the DRP erred in reducing the rate to Rs. 3.875 per unit, instead

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

gains of the business or profession, and accordingly chargeable to income-tax as the income of that previous year. Explanation 1.—For the purposes of this sub-section, the expression “loss or expenditure or some benefit in respect of any such trading liability by way of remission or cessation thereof” shall include the remission or cessation of any liability

M/S. SATIA INDUSTRIES LIMITED,MUKTSAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, BATHINDA

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

ITA 193/ASR/2022[2018-19]Status: DisposedITAT Amritsar13 Jun 2023AY 2018-19

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

Section 115BSection 143(3)Section 144C(8)Section 250oSection 69C

gains from these REC/ESCs in India contain to right to transfer it. These credits have no other value. It must be emphasized if there is no carrying on of the business there are no RECs/ESCs The question of savings to emission arises only in to I.T.A. No.193/Asr/2022 23 Assessment Year: 2018-19 course of the business. The REC/ESCs

SH. INDERJEET SINGH ARORA,BATHINDA vs. THE INCOME TAX OFFICER, BATHINDA

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

ITA 310/ASR/2014[2008-09]Status: DisposedITAT Amritsar28 Dec 2018AY 2008-09

Bench: Sh. Sanjay Arorai.T.A No.310/Asr/2014 Assessment Year: 2008-09 Inderjeet Singh Arora, Vs. Ito, Ward-1(1), Standard Sweet Corner, Bathinda. Bibiwala Road, Bathinda. [Pan: Advpa 0985G] (Appellant) (Respondent) Appellant By: Sh. P.N. Arora (C.A) Respondent By: Sh. Charan Das (D.R) Date Of Hearing : 22.10.2018 Date Of Pronouncement: 31.12.2018 Order Per Sanjay Arora, A.M. This Is An Appeal By The Assessee Directed Against The Order By The Commissioner Of Income Tax (Appeals), Bathinda (‘Cit(A)’ For Short) Dated 08.01.2014, Dismissing The Assessee’S Appeal Contesting His Assessment U/S. 143(3) Of The Income Tax Act, 1961 ('The Act' Hereinafter) For Assessment Year (A.Y.) 2008-09 Vide Order Dated 20.12.2010. 2. The Appeal Is Delayed By A Period Of 21 Days. The Reason Stated In The Condonation Petition Dated 06/8/2016 By The Assessee Is The Non-Communication Of The Impugned Order, Served On His Counsel, Sh.Pankaj Arora, On 17/2/2014, In Time. The Explanation Appears Bona Fide & The Delay Cannot Be Said To Be Substantial. The Delay Was Accordingly Condoned & The Hearing In The Matter Proceeded With.

For Appellant: Sh. P.N. Arora (C.A)For Respondent: Sh. Charan Das (D.R)
Section 143(3)Section 69A

capital gain (STCG). The assessee explained to have incurred Rs.2.89 lacs on the repairs/ improvement, and that therefore no income accrued as STCG, which plea, on account of it being unevidenced, was not accepted. The assessment was confirmed for the same reasons, i.e., the assessee’s case being wholly unsubstantiated, even as the ld. CIT(A) allowed relief in respect

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)

gains of business or profession under sub-section (3) and this sub-section where a payment or aggregate of payments made to a person in a day, otherwise than by an account payee cheques drawn on a bank or account payee bank draft, exceeds twenty thousand rupees, in such cases and under such circumstances as may be prescribed, having regard

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)

gains, was not immediately required by the assessee for lending money to the members, as there were no takers. Therefore, they had deposited the money in a bank so as to earn interest. The said interest income is attributable to carrying on the business of banking and therefore it is liable to be deducted in terms of Section

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)

gains, was not immediately required by the assessee for lending money to the members, as there were no takers. Therefore, they had deposited the money in a bank so as to earn interest. The said interest income is attributable to carrying on the business of banking and therefore it is liable to be deducted in terms of Section

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)

gains, was not immediately required by the assessee for lending money to the members, as there were no takers. Therefore, they had deposited the money in a bank so as to earn interest. The said interest income is attributable to carrying on the business of banking and therefore it is liable to be deducted in terms of Section

SH. GURJEET SINGH,AMRITSAR. vs. THE INCOME TAX OFFICER,, AMRITSAR.

In the result, the assessee’s appeal is dismissed

ITA 597/ASR/2015[2010-11]Status: DisposedITAT Amritsar30 Apr 2019AY 2010-11

Bench: Sh. Sanjay Arorai.T.A. No. 597/Asr/2015 Assessment Year: 2010-11

For Appellant: Sh. Satish Bansal (C.A.)For Respondent: Sh. Charan Dass (D.R.)
Section 133(6)Section 143(3)Section 41(1)

capital.’ 3. The assessee’s case before me is that ‘the availability of cash’ with him (the assessee) for making the payment/s, evidenced by cash receipts (not forming part of the record, though, to be fair, on being asked to during hearing, were produced by the ld. counsel for the assessee, Sh. Bansal), is not in doubt. Where