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17 results for “capital gains”+ Demonetizationclear

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Key Topics

Section 69B20Section 80P(2)(a)20Section 153A15Addition to Income15Section 69A12Section 579Deduction8Disallowance7Section 586

MR. FIROZ AHAMMAD MUJAWAR,BANGALORE vs. INCOME TAX OFFICER, WARD- 3(3)(4), BANGALORE

In the result, appeal filed by the assessee is allowed

ITA 98/BANG/2025[2017-18]Status: DisposedITAT Bangalore28 Aug 2025AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan Kassessment Year : 2017-18 Shri. Firoz Ahammad, Vs. Ito, Acharya Iti No 15, 1St Cross 1St Stage Peenya Ward – 3(3)(4), Industrial Estate, Bangalore. Bangalore – 560 058, Karnataka. Pan : Agqpm 8839 D Appellant Respondent Assessee By : Shri. Mahesh G, Ca Revenue By : Shri.Ganesh R. Ghale, Advocate, Standing Counsel For Revenue. Date Of Hearing : 15.07.2025 Date Of Pronouncement : 28.08.2025

For Appellant: Shri. Mahesh G, CAFor Respondent: Shri.Ganesh R. Ghale, Advocate, Standing Counsel for Revenue
Section 115BSection 143(2)Section 69A

capital gain. However, this explanation of the assessee was not accepted observing that the assessee is unable to substantiate the source of cash deposit. Therefore, AO treated it as income under section 69A of the Act and applied section 115BBE of the Act and passed Assessment Order on 15.11.2019. 3. Aggrieved from the above Order, assessee filed appeal before

Section 2505
Section 80P5
Cash Deposit5

MR. JAGANATH RAMACHANDRA JAMADAR ,BIDAR vs. INCOME TAX OFFICER, WARD-1 , BIDAR

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 1067/BANG/2024[2017-18]Status: DisposedITAT Bangalore18 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2017-18

For Appellant: Smt. Jinita ChatterjeeFor Respondent: Shri Subramanian .S, JCIT-DR
Section 142(1)Section 143(2)Section 144Section 45(2)Section 80C

capital gains for the AY 2017-18 which is not in terms of section 45(2) of the Act. 8. That on the facts and circumstances of the case and in law, the Ld AO had grossly erred in considering the cost of acquisition at Rs 3,00,000 and not Rs 3,35,000 as incurred by me towards

SHRI. SHANTHISAGAR CO OP CREDIT SOCIETY LIMITED,HUBLI vs. INCOME TAX OFFICER, WARD-2(1), HUBLI

In the result, the appeal of the assessee is hereby partly allowed for statistical purposes

ITA 2081/BANG/2025[2017-18]Status: DisposedITAT Bangalore12 Mar 2026AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2017-18

For Appellant: Smt. Harsha J, AdvocateFor Respondent: Shri Ganesh R Ghale, Advocate – Standing
Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

capital by the cooperative societies engaged in providing credit facilities to the members is squarely covered in favour of the assessee by the ruling of Jurisdictional High Court in the cases of Tumkur Merchants Souharda Credit Cooperative Ltd(supra), Guttigedarara Credit Co-operative Society Ltd. and Lalitamba Pattina Souharda Sahakari Niyamita vs. ITO as well as by the decision

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

ITA 463/BANG/2024[2014-15]Status: DisposedITAT Bangalore08 Jul 2024AY 2014-15

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 153ASection 69B

capital gains is intended to tax the gains of assessee not what an assessee might have gained and what is not gained cannot be computed as gain and the assessee cannot fastened with the liability on a fictional income. Similarly, the Hon’ble Supreme Court in the case of CIT Vs. Shivakami

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, MANGALORE

In the result, appeal of the assessee in ITA

ITA 464/BANG/2024[2015-16]Status: DisposedITAT Bangalore08 Jul 2024AY 2015-16

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 153ASection 69B

capital gains is intended to tax the gains of assessee not what an assessee might have gained and what is not gained cannot be computed as gain and the assessee cannot fastened with the liability on a fictional income. Similarly, the Hon’ble Supreme Court in the case of CIT Vs. Shivakami

MOHAMMED IBRABIM MOHIDEEN ,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, appeal of the assessee in ITA

ITA 486/BANG/2024[2018-19]Status: DisposedITAT Bangalore08 Jul 2024AY 2018-19

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 153ASection 69B

capital gains is intended to tax the gains of assessee not what an assessee might have gained and what is not gained cannot be computed as gain and the assessee cannot fastened with the liability on a fictional income. Similarly, the Hon’ble Supreme Court in the case of CIT Vs. Shivakami

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

ITA 466/BANG/2024[2017-18]Status: DisposedITAT Bangalore08 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 153ASection 69B

capital gains is intended to tax the gains of assessee not what an assessee might have gained and what is not gained cannot be computed as gain and the assessee cannot fastened with the liability on a fictional income. Similarly, the Hon’ble Supreme Court in the case of CIT Vs. Shivakami

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, MANGALORE

In the result, appeal of the assessee in ITA\nNo

ITA 465/BANG/2024[2016-17]Status: DisposedITAT Bangalore08 Jul 2024AY 2016-17
Section 153ASection 69B

capital gains is intended\nto tax the gains of assessee not what an assessee might have gained\nand what is not gained cannot be computed as gain and the\nassessee cannot fastened with the liability on a fictional income.\nSimilarly, the Hon'ble Supreme Court in the case of CIT Vs.\nShivakami

SRI. THIMMAISH SRINIVAS ,BENGALURU vs. INCOME TAX OFFICER, WARD-6(2)(5), BENGALURU

In the result, appeal filed by the assessee is partly allowed for statistical purposes

ITA 1916/BANG/2024[2017-18]Status: DisposedITAT Bangalore21 Apr 2025AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2017-18

For Appellant: Ms. Sunaina Bhatia, A.RFor Respondent: Sri Ganesh R Gale, Standing counsel for department
Section 115BSection 139(4)Section 143(1)Section 143(2)Section 143(3)Section 250Section 69A

capital gains. 4. Aggrieved by the order passed by the ld. AO, the assessee went in appeal before the ld. CIT(A). Sri Thimmaiah Srinivas, Bangalore Page 4 of 8 5. During the course of appellate proceedings, the ld. CIT(A)/NFAC called for a remand report from the AO vide office order dated 8.8.2024. However

SHEETAL KAWAD ,BELGAUM vs. INCOME TAX OFFICER, WARD-1 , BELGAUM

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 530/BANG/2024[2017-18]Status: DisposedITAT Bangalore28 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Year : 2017-18

For Appellant: Shri Ganesh R. Ghale, Standing CounselFor Respondent: Shri Vinay .K. Kulkarni, Advocate
Section 142(1)Section 144Section 250Section 68

demonetization period requiring the assessee to file return of income on or before 31.03.2018 but no return of income was filed in response to the notice u/s. 142(1) of the IT Act. As no return of income was filed for the year under consideration accordingly the AO invoking the provisions of section 144 of the IT Act, 1961, concluded

SHAON PAUL,BANGALORE vs. INCOME TAX OFFICER, INTL. TAXATION, WARD 2(1), BANGALORE, KARNATAKA

In the result, appeal filed by the assessee is partly allowed

ITA 677/BANG/2023[2017-18]Status: DisposedITAT Bangalore29 Nov 2023AY 2017-18

Bench: Shri George George K

For Appellant: Shri. Raghavendra Chakravarthy, CAFor Respondent: Shri. Ganesh R Ghale, Standing Counsel for Revenue
Section 133(6)Section 250Section 69A

demonetization period. The AO obtained a copy of the bank statement for the relevant period by issue of notice under section 133(6) of the Act. It was noticed that assessee had deposited a sum of Rs.5 lakhs on 16.11.2016 in his SB A/c maintained with Canara Bank. The assessee explained the source of cash deposit by stating that

NANJAPPA UMASHANKER,BANGALORE vs. INCOME TAX OFFICER, WARD-4(2)(1) , BANGALORE

In the result, appeal of the assessee is allowed for statistical purposes

ITA 799/BANG/2023[2017-18]Status: DisposedITAT Bangalore01 Jan 2024AY 2017-18

Bench: Shri Chandra Poojariassessment Year: 2017-18

For Appellant: Shri Prathik P., A.RFor Respondent: Shri Ganesh R Ghale, Standing Counsel for Revenue
Section 142(1)Section 143(2)Section 250Section 69A

gains of business or profession". However, as is a common requirement in the nature of business carried on by the assessee, he had set aside a significant sum of money to meet costs of labour, raw material, etc., in the event that any contracts were awarded to him. That apart, the assessee had, on 13-06-2006, purchased the immovable

INCOMETAX OFFICER, WARD-1(1), TIPTUR vs. SRIUDAYARAVI CREDIT CO-OP, TIPTUR

In the result, appeals of the Revenue are dismissed

ITA 2095/BANG/2024[2018-19]Status: DisposedITAT Bangalore14 Nov 2025AY 2018-19
Section 2(24)(viia)Section 80PSection 80P(2)(a)Section 80P(4)

demonetization period of\nRs.1,99,33,500/- which was added back under section 69A of the Act and\napplied section 115BBE of the Act.\n7.\nAggrieved from the above Order, assessee filed appeal before the\nCIT(A). The learned CIT(A) allowed appeal of the assessee and he has\nallowed deduction under section

NAGINI COOPERATIVE CREDIT SOCIETY LIMITED ,BANGALORE vs. INCOME TAX OFFICER, WARD-6(2)(1), BANGALORE

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 27/BANG/2025[2020-21]Status: DisposedITAT Bangalore08 Apr 2025AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Gireesha T L, CAFor Respondent: Shri Subramanian .S, JCIT-DR
Section 20Section 57Section 58Section 80P(2)(a)

capital of the society and shall be deposited into Page 3 of 15 ITA Nos. 25 to 27/Bang/2025 the co -operative Bank hence there is a Business nexus to the earning of interest income hence eligible for deduction under section 80P(2)(a)(i) The reliance is placed on following case laws a. Lankapalli PACS Ltd V/s ITO, held

NAGINI COOPERATIVE CREDIT SOCIETY LIMITED ,BANGALORE vs. INCOME TAX OFFICER, WARD-6(2)(1), BANGALORE

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 26/BANG/2025[2018-19 ]Status: DisposedITAT Bangalore08 Apr 2025

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Gireesha T L, CAFor Respondent: Shri Subramanian .S, JCIT-DR
Section 20Section 57Section 58Section 80P(2)(a)

capital of the society and shall be deposited into Page 3 of 15 ITA Nos. 25 to 27/Bang/2025 the co -operative Bank hence there is a Business nexus to the earning of interest income hence eligible for deduction under section 80P(2)(a)(i) The reliance is placed on following case laws a. Lankapalli PACS Ltd V/s ITO, held

NAGINI CO-OPERATIVE CREDIT SOCIETY LIMITED ,BANGALORE vs. INCOME TAX OFFICER, WARD-6(2)(1), BANGALORE

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 25/BANG/2025[2016-17]Status: DisposedITAT Bangalore08 Apr 2025AY 2016-17

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Gireesha T L, CAFor Respondent: Shri Subramanian .S, JCIT-DR
Section 20Section 57Section 58Section 80P(2)(a)

capital of the society and shall be deposited into Page 3 of 15 ITA Nos. 25 to 27/Bang/2025 the co -operative Bank hence there is a Business nexus to the earning of interest income hence eligible for deduction under section 80P(2)(a)(i) The reliance is placed on following case laws a. Lankapalli PACS Ltd V/s ITO, held

INCOMETAX OFFICER, WARD-1, TIPTUR vs. SRI UDAYRAVI CREDIT CO-OP, TIPTUR

ITA 2094/BANG/2024[2017-18]Status: DisposedITAT Bangalore14 Nov 2025AY 2017-18

Bench: Shri.Laxmi Prasad Sahu & Shri. Keshav Dubey

For Appellant: Smt. Harsha J, AdvocateFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bangalore
Section 2(24)(viia)Section 80PSection 80P(2)(a)Section 80P(4)

demonetization period of Rs.1,99,33,500/- which was added back under section 69A of the Act and applied section 115BBE of the Act. 7. Aggrieved from the above Order, assessee filed appeal before the CIT(A). The learned CIT(A) allowed appeal of the assessee and he has allowed deduction under section