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38 results for “capital gains”+ Section 54(1)clear

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Key Topics

Section 14754Addition to Income32Section 14826Section 69A21Section 143(3)21Section 26320Section 271(1)(c)18Section 10B14Section 250(6)14

ATC LOGISTICAL SOLUTIONS PRIVATE LIMITED ,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, AMRITSAR

In the result, appeal of the assessee ITA No

ITA 241/ASR/2023[2017-18]Status: DisposedITAT Amritsar31 Oct 2023AY 2017-18

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

Section 115JSection 139Section 143(1)Section 143(3)Section 154Section 250Section 36(1)(va)Section 37(1)Section 40ASection 40A(7)

capital expenditure33 or personal expenses of the assessee), laid out or expended wholly and exclusively33 for the purposes of the business33 or profession shall be allowed in computing the income chargeable under the head "Profits and gains of business or profession". 34[35[Explanation 1.]—For the removal of doubts, it is hereby declared that any expenditure incurred

Showing 1–20 of 38 · Page 1 of 2

Survey u/s 133A10
Disallowance9
Exemption8

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

section 54 of the Act, the entire capital gain arising from the assets from the transfer of land had escaped assessment. Therefore, he issued notice u/s 148 of the Act and made addition of the capital gains of Rs. 1

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

section 54 of the Act, the entire capital gain arising from the assets from the transfer of land had escaped assessment. Therefore, he issued notice u/s 148 of the Act and made addition of the capital gains of Rs. 1

THE ASSTT. COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAY OVERSEAS LTD., JALANDHAR

ITA 46/ASR/2016[2007-08]Status: DisposedITAT Amritsar30 May 2023AY 2007-08

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

Section 10BSection 14A

54,82,409 on account of interest on receivables for excess period granted to AE. 3. It is prayed that the order of the Ld. CIT(A) be set-aside and that of the Assessing Officer restored. 4. That the appellant requests for leave to add or amend or alter the grounds of appeal before the appeal is heard

THE ASSTT. COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAY OVERSEAS LTD., JALANDHAR

ITA 48/ASR/2016[2010-11]Status: DisposedITAT Amritsar30 May 2023AY 2010-11

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

Section 10BSection 14A

54,82,409 on account of interest on receivables for excess period granted to AE. 3. It is prayed that the order of the Ld. CIT(A) be set-aside and that of the Assessing Officer restored. 4. That the appellant requests for leave to add or amend or alter the grounds of appeal before the appeal is heard

THE ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAYS OVERSEAS LTD, JALANDHAR

ITA 477/ASR/2015[2008-09]Status: DisposedITAT Amritsar30 May 2023AY 2008-09

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

Section 10BSection 14A

54,82,409 on account of interest on receivables for excess period granted to AE. 3. It is prayed that the order of the Ld. CIT(A) be set-aside and that of the Assessing Officer restored. 4. That the appellant requests for leave to add or amend or alter the grounds of appeal before the appeal is heard

THE ASSTT. COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAY OVERSEAS LTD., JALANDHAR

ITA 47/ASR/2016[2009-10]Status: DisposedITAT Amritsar30 May 2023AY 2009-10

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

Section 10BSection 14A

54,82,409 on account of interest on receivables for excess period granted to AE. 3. It is prayed that the order of the Ld. CIT(A) be set-aside and that of the Assessing Officer restored. 4. That the appellant requests for leave to add or amend or alter the grounds of appeal before the appeal is heard

THE ASSTT. COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAYS OVERSEAS LTD, JALANDHAR

ITA 345/ASR/2016[2012-13]Status: DisposedITAT Amritsar30 May 2023AY 2012-13

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

Section 10BSection 14A

54,82,409 on account of interest on receivables for excess period granted to AE. 3. It is prayed that the order of the Ld. CIT(A) be set-aside and that of the Assessing Officer restored. 4. That the appellant requests for leave to add or amend or alter the grounds of appeal before the appeal is heard

THE ASSTT. COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S BROADWAY OVERSEAS LTD., JALANDHAR

ITA 49/ASR/2016[2011-12]Status: DisposedITAT Amritsar30 May 2023AY 2011-12

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

Section 10BSection 14A

54,82,409 on account of interest on receivables for excess period granted to AE. 3. It is prayed that the order of the Ld. CIT(A) be set-aside and that of the Assessing Officer restored. 4. That the appellant requests for leave to add or amend or alter the grounds of appeal before the appeal is heard

BRODAWAYS OVERSEAS LIMITED,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, JALANDHAR

ITA 123/ASR/2018[2013-14]Status: DisposedITAT Amritsar30 May 2023AY 2013-14

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

Section 10BSection 14A

54,82,409 on account of interest on receivables for excess period granted to AE. 3. It is prayed that the order of the Ld. CIT(A) be set-aside and that of the Assessing Officer restored. 4. That the appellant requests for leave to add or amend or alter the grounds of appeal before the appeal is heard

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

gain tax. So, there was nothing illegal in mentioning eligibility of both deductions under income tax act. 18) It is totally wrong on part of A.O. to observe that by claiming deduction u/s 54 (b) f exemption u/s 10(37) becomes redundant. Both deductions act in separate field and require independent specific conditions to be satisfied for claiming them

MAX FINANCIAL SERVICE LIMITED ,NAWANSHAHR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JALANDHAR

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

ITA 121/ASR/2020[2015-16]Status: DisposedITAT Amritsar31 Mar 2021AY 2015-16
For Appellant: Shri Deepak ChopraFor Respondent: Smt.Prabhjot Kaur, CIT
Section 143(3)Section 263

section 50B of the Act. Copy of No objection certificate of the AO with regard to the aforesaid transaction obtained u/s 281(1) of the Act was also filed. Even before the Ld. Pr.CIT we find the assessee had reiterated his submissions made before the AO justifying its transaction which stand reproduced at paras 7.2 and 7.3 of the order

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

54, Dada Jalandhar. Colony, P.O. 424, Industrial Area, Jalandhar. [PAN:-AABPW0947M] (Appellant) (Respondent) Appellant by Sh. Vikas Bhagat, Adv. Respondent by Sh. Prashant Singh, Sr. DR Date of Hearing 19.06.2023 Date of Pronouncement 17.07.2023 ORDER Per:Anikesh Banerjee, JM: The instant appeal of the assessee was filed against the order of the ld. Commissioner of Income Tax (Appeals), NFAC, Delhi

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

1) though a formal deed of title may not have been executed and registered, and he would be entitled to depreciation thereon. The Hon'ble Supreme Court in the case of CIT Vs Podar Cement (P) Ltd has while interpreting the section 22 of the Act has observed that 'owner' for the purpose of sec 22, is person

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

1) though a formal deed of title may not have been executed and registered, and he would be entitled to depreciation thereon. The Hon'ble Supreme Court in the case of CIT Vs Podar Cement (P) Ltd has while interpreting the section 22 of the Act has observed that 'owner' for the purpose of sec 22, is person

ITO, WARD- 3(3), SRINAGAR vs. SMT. ZEENAB, BEMINA

In the result, the appeal filed by the Revenue Department stands dismissed, whereas the appeal of the assessee is partly allowed for statistical purposes on the aforesaid reasons stated above

ITA 430/ASR/2017[2008-09]Status: DisposedITAT Amritsar04 Jul 2019AY 2008-09

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhry

For Appellant: Sh. Bashir Ahmed Lone (Ld. CA)For Respondent: Sh. Charan Dass (Ld. DR)
Section 143(3)Section 143(6)Section 147Section 50C

section 2(14) of the Income Tax Act and duly held by the assesse for the last 17 years thus, the addition made by the AO on account of Short Term Capital Gain is deleted. 4.2 In our considered view as it is not in doubt that the assessee was in possession of the land for the last around

SMT. ZEENAB,SRINAGAR vs. INCOME TAX OFFICER, WARD 3(3),, SRINAGAR

In the result, the appeal filed by the Revenue Department stands dismissed, whereas the appeal of the assessee is partly allowed for statistical purposes on the aforesaid reasons stated above

ITA 433/ASR/2017[2008-09]Status: DisposedITAT Amritsar04 Jul 2019AY 2008-09

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhry

For Appellant: Sh. Bashir Ahmed Lone (Ld. CA)For Respondent: Sh. Charan Dass (Ld. DR)
Section 143(3)Section 143(6)Section 147Section 50C

section 2(14) of the Income Tax Act and duly held by the assesse for the last 17 years thus, the addition made by the AO on account of Short Term Capital Gain is deleted. 4.2 In our considered view as it is not in doubt that the assessee was in possession of the land for the last around

SMT. JANAK RANI DHINGRA,HARYANA vs. THE INCOME TAX OFFICER,, MOGA

In the result, the appeal of the assessee is allowed

ITA 294/ASR/2016[2006-07]Status: DisposedITAT Amritsar12 Feb 2019AY 2006-07

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryi. T. A. No. 294/(Asr)/2016 Assessment Year: 2006-07

For Appellant: Sh. P.N. Arora, AdvocateFor Respondent: Sh. Bhawani Shankar, DR
Section 271Section 271(1)(c)Section 274Section 54Section 54F

54 and Sec. 54F of the Act are allowable to the Assessee only on construction or purchase of new residential house, therefore, he made additon of Rs. 4,40,000/- disallowing the deduction of Long Term Capital Gains from sale of residential house as declared by the Assessee. Thereafter, the AO levied penalty u/s 271(1

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)

54-56). Toward his part of the purchase cost (i.e., Rs.2,58,77,200), the assessee paid Rs.175.17 lacs by cheque/s and Rs.83.602 lacs in cash. On 18.05.2011, the co-owners entered into another agreement to sell the said land at the rate of Rs.140 lacs per acre, to one Darpan Jain s/o Sh. Dharamvir Jain, who had, under

M/S G G OILS & FATS PVT.LTD ,BATHINDA vs. DEPUTY COMMISSIONER OF INCOME TAX, BATHINDA

In the result, the assessee’s appeal is dismissed

ITA 508/ASR/2017[2014-15]Status: DisposedITAT Amritsar05 Jul 2019AY 2014-15

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi. T. A. No. 508/Asr/2017 Assessment Year: 2014-15

For Appellant: Sh. P. N. Arora &For Respondent: Sh. Charan Dass (D.R.)
Section 143(3)Section 2(18)Section 2(22)(e)Section 56

section 23A company (i.e., a company in which the public is not substantially interested) can be said to have been availed of for his benefit by the shareholder. The matter was referred to the President of the Tribunal, who agreed with the view by the AM. A loan or advance received by a share-holder assumed the character of dividend