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137 results for “capital gains”+ Section 133(6)clear

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Key Topics

Addition to Income64Section 143(3)59Section 153A45Disallowance41Section 14839Section 13238Section 115J37Section 4034Section 132(4)30

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(4), BENGALURU vs. ALAGAPPA ANNAMALAI (HUF), BENGALURU

The appeals of the assessees are allowed\nand revenue appeals are dismissed

ITA 955/BANG/2024[2017-18]Status: DisposedITAT Bangalore12 Aug 2024AY 2017-18
Section 131

6 of 34\nSurvey charges\nEvaluation and speculation of JD\nJD Agreement\nDesign and inspection\n11,251\n1,05,150\n45,00,000\n5,61,800\n11,251\n1,05,150\n45,00,000\n5,61,800\n[C]\n1,12,92,691\n1,12,92,691\nTotal Long Term Capital Gains\n1/2 Share of assessee in Total Long\nTerm

SRI ALAGAPPA ANNAMALAI(HUF),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(4), BANGALORE

In the result, both the appeals of the assessees are allowed\nand revenue appeals are dismissed

ITA 776/BANG/2024[2017-18]Status: DisposedITAT Bangalore12 Aug 2024AY 2017-18
Section 131

Showing 1–20 of 137 · Page 1 of 7

Section 25029
Deduction15
Survey u/s 133A10

6,89,11,624\nRs.89,15,48,164\n3.6 Accordingly, they stated that they would be offering capital\ngains for the assessment year 2018-19 on the above basis in course\nof assessment proceedings after receipt of notice.\n3.7 Both these persons had accordingly filed returns in response\nto notice u/s.153C of the Act offering capital gains by adopting

SRI ALAGAPPA MUTHIAH(HUF),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(4), BANGALORE

In the result, both the appeals of the assessees are allowed\nand revenue appeals are dismissed

ITA 775/BANG/2024[2017-18]Status: DisposedITAT Bangalore12 Aug 2024AY 2017-18
Section 131

6,89,11,624\nRs.89,15,48,164\n3.6 Accordingly, they stated that they would be offering capital\ngains for the assessment year 2018-19 on the above basis in course\nof assessment proceedings after receipt of notice.\n3.7 Both these persons had accordingly filed returns in response\nto notice u/s.153C of the Act offering capital gains by adopting

PRAKASH BARE,BENGALURU vs. DCIT CIRCLE 2(2)(1), KORAMANGALA, BENGALURU

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

ITA 1030/BANG/2025[2022-23]Status: DisposedITAT Bangalore29 Jul 2025AY 2022-23

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan Kassessment Year :2020-21

For Appellant: Shri. B. N. Pattabhi, CAFor Respondent: Shri. R. Rajamanohar, JCIT(DR)(ITAT), Bangalore

6. Considering the rival submissions, we noted that the very purpose to select the case for scrutiny under CASS is that substantial amount claimed under improvement cost under the schedule “Capital Gain” and the buyer has deducted TDS on the purchase of the property. Buyer has also furnished information as sought by the AO under section 133

JAYANTILAL BHAGWANCHAND,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(4), BANGALORE

In the result, the appeal of the assessee is allowed

ITA 735/BANG/2024[2011-12]Status: DisposedITAT Bangalore03 Sept 2024AY 2011-12

Bench: Shri George George K & Shri Waseem Ahmedassessment Year : 2011-12

For Appellant: Shri Ravishankar S.V. AdvocateFor Respondent: Shri Ramanathan, Addl. CIT (DR)
Section 10(38)Section 68

133(6)/131 of the Act were issued to M/s Gold Line International Finvest Limited, but nothing emerged from this effort. The payment for the shares in question was made by Sh. Salasar Trading Company. Notice was issued to this entity as well, but when the notices were returned unserved, the AO did not take the matter any further

M/S. TATA ELXSI LIMITED., ,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, CIRCLE-7(1)(1), BANGALORE

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 927/BANG/2023[2016-17]Status: DisposedITAT Bangalore08 Jan 2024AY 2016-17

Bench: Shri George George K. & Shri Chandra Poojari

For Appellant: Shri Padam Chand Kincha, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 10ASection 30Section 80ASection 80H

capital gains and income from other sources. Insofar as income under the head 'profits and gains of business or professions' is concerned, provisions thereto are contained in Sections 28 to 44DB of the Act. Section 28 specifies various incomes which shall be chargeable to income tax under this head. Thereafter, Section 29 provides that income referred to in Section

TATA ELXSI LIMITED ,BANGALORE vs. DEPUTY COMMISIONER INCOMER TAX, CIRCLE-7(1)(1), BANGALORE

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

ITA 1152/BANG/2023[2018-19]Status: DisposedITAT Bangalore28 Feb 2024AY 2018-19

Bench: Shri Narender Kumar Choudhry & Shri Laxmi Prasad Sahuassessment Year : 2018-19 M/S. Tata Elxsi Ltd., The Deputy 126, Itpb Road, Commissioner Hoody, Of Income Tax, Whitefield, Circle – 7(1)(1), Bangalore – 560 048. Bangalore. Vs. Pan: Aaact7872Q Appellant Respondent

For Appellant: Shri Padam Chand Khincha, CAFor Respondent: Shri Subramanian .S, JCIT DR
Section 10ASection 10A(9)Section 250

capital gains and income from other sources. Insofar as income under the head 'profits and gains of business or professions' is concerned, provisions thereto are contained in Sections 28 to 44DB of the Act. Section 28 specifies various incomes which shall be chargeable to income tax under this head. Thereafter, Section 29 provides that income referred to in Section

M/S. NTT DATA GLOBAL SERVICES PRIVATE LIMITED,BANGALORE vs. THE JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 5, BANGALORE

ITA 2533/BANG/2019[2015-16]Status: DisposedITAT Bangalore23 Feb 2026AY 2015-16
Section 133(6)Section 143(3)Section 144C(13)Section 144C(5)

section 92C, the\narm's length price in relation to an international transaction 22[or a\nspecified domestic transaction] shall be determined by any of the\nfollowing methods, being the most appropriate method, in the\nfollowing manner, namely:\n(a) - (d) xx\nXX\n(e) Transactional Net Margin Method, by which,-\n(i) the net profit margin realised

SRI DINESH DEVRAJ RANKA,BENGALURU vs. ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-8,, BENGALURU

ITA 2786/BANG/2017[2011-12]Status: DisposedITAT Bangalore13 Mar 2023AY 2011-12

Bench: Smt. Beena Pillai & Ms. Padmavathy Sassessment Year : 2011-12

For Appellant: Shri S. Parthasarathi, AdvocateFor Respondent: Ms. Neera Malhotra, CIT(DR)
Section 14ASection 2(47)(v)Section 28Section 36(1)(vi)

gain to the total income is unjust in the eye of law. 6. The learned CIT (A) wrongly confirmed the addition of Rs.4,85,831/- by invoking the provisions of Rule 8D(2)(iii) of the Rules. 7. The learned CIT (A) erred in relying on the decision of Bangalore Tribunal in the case of M/s.John Distilleries in ITA No.1429/Bang/2014

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), QUEENS ROAD, BENGALURU vs. SHRI KEMPAREDDY GOVINDRAJU, DOMLUR, BENGALURU

ITA 1290/BANG/2024[2014-15]Status: DisposedITAT Bangalore31 Jan 2025AY 2014-15
For Appellant: Shri. V. Chandrasekhar, ARFor Respondent: Shri. Sridhar E, CIT(DR)(ITAT), Bangalore
Section 131(1)Section 132Section 132(1)Section 143(3)Section 153ASection 250

133(6) from the\nLokayuktha which showed that the assessee had declared 1500\ngms and 4500 gms of jewelry in hands of himself and his wife\nrespectively, is not a document which is found and seized in the\nsearch. This document constitutes other information in the\npossession of the AO, which is not material found and seized in a\nsearch

M/S. SAP LABS INDIA PRIVATE LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 6, BANGALORE

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

ITA 2506/BANG/2019[2015-16]Status: DisposedITAT Bangalore25 May 2023AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Aliasgar Rampurawala, A.RFor Respondent: Shri Sankar Ganesh K., D.R
Section 133(6)Section 143(3)Section 92CSection 92D

133(6) of the Act, which tantamount to choosing secret comparable companies whose information was not available in public domain while preparing the transfer pricing documentation for the relevant financial year. 4.6. Disregarding certain filters applied by the Appellant in selection of the comparable companies at the time of TP documentation. M/s. SAP Labs India Pvt. Ltd., Bangalore Page

INSTAKART SERVICES PRIVATE LIMITED,BANGALORE vs. ACIT, SPECIAL RANGE-3, BANGALORE

In the result appeal of the Revenue is hereby dismissed

ITA 544/BANG/2025[2017-18]Status: DisposedITAT Bangalore18 Dec 2025AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Ajay Vohra, Sr. Advocate and Ms. AnkitaFor Respondent: Shri Shivanad Kalakeri, CIT

gains of business or profession" or "Income from other sources" has to be computed and it lays down that such income shall, subject to the provisions of sub-section (2), be computed in accordance with either cash or mercantile system of accounting regularly employed by the assessee. Sub-section (2) of section 145 provides that the Central Government may notify

SHRI. KEMPAREDDY GOVINDRAJ,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), BENGALURU

In the result the appeals of the assessee in ITA No’s 1022 to \n1024/ Bang/ 2024, for the

ITA 1021/BANG/2024[2013-14]Status: DisposedITAT Bangalore31 Jan 2025AY 2013-14
For Appellant: Shri. V. Chandrasekhar, ARFor Respondent: Shri. Sridhar E, CIT(DR)(ITAT), Bangalore
Section 131(1)Section 132Section 132(1)Section 143(3)Section 153ASection 250

133(6) from the \nLokayuktha which showed that the assessee had declared 1500 \ngms and 4500 gms of jewelry in hands of himself and his wife \nrespectively, is not a document which is found and seized in the \nsearch. This document constitutes other information in the \npossession of the AO, which is not material found and seized in a \nsearch

CANARA BANK,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE, BENGALURU

ITA 1154/BANG/2023[2018-19]Status: DisposedITAT Bangalore17 Jan 2025AY 2018-19

Bench: SHRI WASEEM AHMED, ACCOUNTANT MEMBER\nAND\nSHRI KESHAV DUBEY, JUDICIAL MEMBER\nITA No.210/Bang/2024\nAssessment Year: 2017-18\nM/s Canara Bank\nFM wing, Head Office,\n112, J.C. Road\nBangalore 560002\nVs.\nDCIT\nCircle-2(1)(1)\nBangalore\nPAN NO : AAACC6106G\nAPPELLANT\nRESPONDENT\nITA No.222/Bang/2024\nAssessment Year: 2017-18\nDCIT\nCircle-2(1)(1)\nBangalore\nVs.\nM/s Canara Bank\nFM wing, Head Office,\n112, J.C. Road\nBangalore 560 002\nAPPELLANT\nRESPONDENT\nITA No.1154/Bang/2023\nAsses

For Appellant: Sri Abarana &Anantham, A.RsFor Respondent: Ms. Neera Malhotra, D.R
Section 115JSection 14ASection 250Section 38(1)

6 as well\nas another judgment of the Apex Court in the case of Bank of\nRajasthan Ltd v. Commissioner of Income Tax. Further ld. DR also\nPage 10 of 40\nITA Nos.1154/Bang/2023 &\nM/s. Canara Bank., Bangalore\nrelied upon the circular No. 4/2007 dated 15-06-2007. Lastly the\nld. DR submitted that it is well settled that in banking

DCIT, CC-1(4), BENGALURU, BENGALURU vs. INSTAKART SERVICES PVT LTD, BENGALURU

In the result, the stay application dismissed as infructuous

ITA 530/BANG/2025[2017-18]Status: DisposedITAT Bangalore18 Dec 2025AY 2017-18

gains of business or\nprofession\" or \"Income from other sources\" has to be computed and it lays\ndown that such income shall, subject to the provisions of sub-section (2), be\ncomputed in accordance with either cash or mercantile system of accounting\nregularly employed by the assessee. Sub-section (2) of section 145 provides\nthat the Central Government may notify

INSTAKART SERVICES PRIVATE LIMITED,BANGALORE vs. JCIT, SPECIAL RANG-3, BANGALORE

Appeals of the revenue are dismissed

ITA 543/BANG/2025[2016-17]Status: DisposedITAT Bangalore18 Dec 2025AY 2016-17

gains of business or\nprofession\" or \"Income from other sources\" has to be computed and it lays\ndown that such income shall, subject to the provisions of sub-section (2), be\ncomputed in accordance with either cash or mercantile system of accounting\nregularly employed by the assessee. Sub-section (2) of section 145 provides\nthat the Central Government may notify

INSTAKART SERVICES PRIVATE LIMITED ,BENGALURU vs. ACIT, CENTRAL CIRCLE-1(4), BENGALURU

In the result, the stay application dismissed as infructuous

ITA 496/BANG/2025[2018-19]Status: DisposedITAT Bangalore18 Dec 2025AY 2018-19

gains of business or\nprofession\" or \"Income from other sources\" has to be computed and it lays\ndown that such income shall, subject to the provisions of sub-section (2), be\ncomputed in accordance with either cash or mercantile system of accounting\nregularly employed by the assessee. Sub-section (2) of section 145 provides\nthat the Central Government may notify

DCIT CC -1(4), BENGALURU, BENGALURU vs. INSTAKART SERVICES PVT LTD, BENGALURU

ITA 531/BANG/2025[2018-19]Status: DisposedITAT Bangalore18 Dec 2025AY 2018-19

gains of business or\nprofession\" or \"Income from other sources\" has to be computed and it lays\ndown that such income shall, subject to the provisions of sub-section (2), be\ncomputed in accordance with either cash or mercantile system of accounting\nregularly employed by the assessee. Sub-section (2) of section 145 provides\nthat the Central Government may notify

RAMAKRISHNAIAH,BANGALORE vs. INCOME TAX OFFICER, WARD-1(2)(1), BANGALORE

In the result, the appeal filed by the assessee is allowed for\nstatistical purposes

ITA 1101/BANG/2024[2018-19]Status: DisposedITAT Bangalore08 Jul 2024AY 2018-19
Section 45

capital gains on a gross basis, the Tribunal acknowledged the possibility of a meritorious case and the revenue's fault. The assessee was given one more opportunity for fresh adjudication.", "result": "Allowed", "sections": ["45", "131", "133(6

DCIT, CENTRAL CIRCLE-1(4), BENGALURU, BENGALURU vs. DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES, KOLAR

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

ITA 1548/BANG/2024[2018-19]Status: DisposedITAT Bangalore08 Sept 2025AY 2018-19
For Appellant: Shri Sandeep, C.AFor Respondent: Shri Murali Mohan, CIT (DR)
Section 132Section 132(4)

133(6) of the Act.\nHence, the impugned seized material evidences receipt of capitation\nfees, considering the statement of cashier and agent and corroborative\nmaterials found. As such all these materials become a self-speaking\ndocument having bearing on the income of the assessee.\n5.1 Hence, the AO drawn inference that the assessee has received\nunaccounted capitation fees in cash