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59 results for “capital gains”+ Section 163clear

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Key Topics

Section 153A62Addition to Income41Section 143(3)38Disallowance31Section 25022Section 13217Section 14816Section 153C15Section 4014

GOBINDRAM CHANDRAMANI VIVEK,BANGALORE vs. INCOME TAX OFFICER - WARD 1(1), BANGALORE, BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes, in the manner indicated in this order

ITA 656/BANG/2023[2011-12]Status: DisposedITAT Bangalore13 Sept 2024AY 2011-12

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

For Appellant: Sh. Ashok A Kulkarni, AdvocateFor Respondent: Ms. Neha Sahay, JCIT
Section 139Section 139(1)Section 139(4)Section 143(2)Section 143(3)Section 24Section 54Section 54(2)Section 54F

Capital Gain Deposit Scheme A.Y. 2011-12 Shri. Gobindram Chandramani Vivek with the banks on or before the due date of filing of return of income under section 139(1). Our attention was drawn to the provisions of Section 54. The ld. counsel for the assessee relied upon the judgment and order of Hon’ble Karnataka High Court

Showing 1–20 of 59 · Page 1 of 3

Deduction14
Section 14A13
Natural Justice11

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BENGALURU vs. HIREHAL JAIRAJ BALRAM, BENGALURU

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

ITA 1961/BANG/2025[2020-21]Status: FixedITAT Bangalore18 Dec 2025AY 2020-21
Section 139(5)Section 143(1)Section 144Section 147Section 148Section 2(47)Section 50C

gain\nwhich arises from the transfer of a capital asset, which\ncould be brought to tax under Section 45 read with Section\n48 of the Income Tax Act.\n13. The assessee in the affidavit explaining the delay in filing the\nappeal late before the Tribunal has also mentioned the\nfactual aspects and the legal dispute and has stated on oath

NAGAMMA,RAICHUR vs. INCOME TAX OFFICE-WARD 1, RAICHUR

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

ITA 549/BANG/2025[2018-19]Status: DisposedITAT Bangalore28 Aug 2025AY 2018-19
Section 142(1)Section 143(2)Section 148Section 54BSection 54F

gain was calculated\nat Rs.26,06,434/-. Assessee filed detailed written submissions which was\nconsidered and not accepted and AO made addition under the LTCG of\nRs.26,06,434/-.\n3. Aggrieved from the above Order, assessee filed appeal before the\nCIT(A). The learned CIT(A), observed that the assessee did not satisfy the condition of section\n54F

SMT SUSHAMA RAJESH RAO ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-5(2)(1) , BANGALORE

In the result, appeal of the assessee is allowed

ITA 49/BANG/2023[2012-13]Status: DisposedITAT Bangalore18 Aug 2025AY 2012-13

Bench: Shri Prashant Maharishi & Shri Soundararajan Kassessment Year: 2012-13 Sushama Rajesh Rao, Vs. The Deputy Commissioner No.159, Priyadarshani, R. T. Nagar, Of Income Tax, Mla Layout, Circle – 6(2)(1), Bangalore – 560 032. Bangalore. Pan : Acypr 5251 J Appellant Respondent Appellant By : Shri. V. Chandrashekar, Advocate Respondent By : Shri. Muthu Shankar, Cit(Dr)(Itat), Bangalore. Date Of Hearing : 23.07.2025 Date Of Pronouncement : 18.08.2025

For Appellant: Shri. V. Chandrashekar, AdvocateFor Respondent: Shri. Muthu Shankar, CIT(DR)(ITAT), Bangalore
Section 234BSection 250Section 49Section 50(2)Section 50C

capital gain. Now, speaking about the provisions of section 64(1)(iv) of the Act is a well considered after thought to evade tax liability and further the assessee has not raised these contentions before any of the lower authorities. It was further stated that principle of estoppel applies here which precludes the person from ascertain something contrary to what

M/S. ANAND DIAGNOSTIC LABORATORY,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BENGALURU

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

ITA 968/BANG/2024[2017-18]Status: DisposedITAT Bangalore29 Apr 2025AY 2017-18

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

For Appellant: Shri Arjunraj, AdvocateFor Respondent: Shri Netrapal M S, Addl. CIT(DR)(ITAT)
Section 143Section 143(3)

section 45(4) of the Act. In that case also the assessee received a share of goodwill. The Hon’ble High Court held that receipt of share value of goodwill cannot be subjected to capital gains tax as there was no transfer of goodwill to the firm. The Hon’ble High Court dealt the whole issue as under:- 12. Learned

M/S. ANAND DIAGNOSTIC LABORATORY,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BENGALURU

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

ITA 969/BANG/2024[2018-19]Status: DisposedITAT Bangalore29 Apr 2025AY 2018-19

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

For Appellant: Shri Arjunraj, AdvocateFor Respondent: Shri Netrapal M S, Addl. CIT(DR)(ITAT)
Section 143Section 143(3)

section 45(4) of the Act. In that case also the assessee received a share of goodwill. The Hon’ble High Court held that receipt of share value of goodwill cannot be subjected to capital gains tax as there was no transfer of goodwill to the firm. The Hon’ble High Court dealt the whole issue as under:- 12. Learned

WIPRO LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

ITA 370/BANG/2021[2016-17]Status: DisposedITAT Bangalore14 Jun 2023AY 2016-17

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

For Appellant: Shri Sandeep Huilgol, AdvocateFor Respondent: Dr. Manjunath Karkihallli, CIT(DR)(ITAT), Bengaluru
Section 10ASection 143(2)Section 143(3)Section 80G

section 14A as computed under Rule 8D(2)(iii) cannot be more than the actual expenditure which can be relatable for earning the exempt income and debited to the Profit and Loss account. In the case on hand the disallowance made by the assessee on its own is not the total expenditure debited to the profit and loss account

INCOME TAX OFFICER, KORAMANGALA BANGALORE vs. NADAKRISHNA THIMMAIAH, BANGALORE

ITA 653/BANG/2023[2007-08]Status: DisposedITAT Bangalore28 Feb 2024AY 2007-08
Section 132Section 139(1)Section 142(1)Section 143(2)Section 153A

gains taxation. It is\nonly T Nadakrishna, who is the rightful purchaser and owner of the\nagricultural land. Assuming but not admitting that the ld. AO's\naction of treating the income substantively in the Assessee's hand is\nappropriate, he submitted that on merits, the addition is bad in law.\nTransaction not taxable since the Assessee is neither

M/S. SPR SPIRITS PRIVATE LIMITED (FORMERLY KNOWN AS SPR GROUP HOLDINGS PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

In the result, appeal of the revenue in ITA No

ITA 130/BANG/2023[2007-2008]Status: DisposedITAT Bangalore28 Feb 2024AY 2007-2008
Section 132Section 139(1)Section 143(2)Section 153A

gains taxation. It is\nonly T Nadakrishna, who is the rightful purchaser and owner of the\nPage 13 of 41\nITA Nos.130/Bang/2023\nM/s. SPR Spirits Pvt. Ltd., Bangalore\nITA No.653/Bang/2023\nNadakrishna Thimmaiah, Bangalore\nagricultural land. Assuming but not admitting that the ld. AO's\naction of treating the income substantively in the Assessee's hand is\nappropriate, he submitted that

NISHA VIJAY ISRANI,MUMBAI vs. ACIT, INTERNATIONAL TAXATION, CIRCLE-1(2), BANGALORE

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

ITA 608/BANG/2025[2022-23]Status: DisposedITAT Bangalore31 Oct 2025AY 2022-23

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

For Appellant: N O N EFor Respondent: Dr. Divya K.J., D.R
Section 139Section 143(1)Section 143(2)Section 143(3)

163/- may be allowed of cost of improvements being permanent fixtures and wall/ ground embedded. We agree with the contention of the assessee as we already held that the expenditure incurred which are permanent fixture, wall/ ground embedded are incurred only in order to make the house habitable and it becomes the part and parcel of building itself which

VIJAY LAKHMICHAND ISRANI,MUMBAI vs. ACIT, INTERNATIONAL TAXATION, CIRCLE-1(2), BANGALORE

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

ITA 607/BANG/2025[2022-23]Status: DisposedITAT Bangalore31 Oct 2025AY 2022-23

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

For Appellant: N O N EFor Respondent: Dr. Divya K.J., D.R
Section 139Section 143(1)Section 143(2)Section 143(3)

163/- may be allowed of cost of improvements being permanent fixtures and wall/ ground embedded. We agree with the contention of the assessee as we already held that the expenditure incurred which are permanent fixture, wall/ ground embedded are incurred only in order to make the house habitable and it becomes the part and parcel of building itself which

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-12 , BANGALORE

In the result, the appeal filed by the revenue is dismissed

ITA 1980/BANG/2018[2009-10]Status: DisposedITAT Bangalore12 Jan 2023AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

gains of the business for the assessment year 1981-82. 2. The assessee had, in the course of the assessment proceedings for the assessment year 1981-82, claimed the deduction of Rs. 10,542 which amount had heed paid by it to the Income-tax Department as interest under section 201(1A). The claim so made was rejected

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

In the result, the appeal filed by the revenue is dismissed

ITA 1982/BANG/2018[2012-13]Status: DisposedITAT Bangalore12 Jan 2023AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

gains of the business for the assessment year 1981-82. 2. The assessee had, in the course of the assessment proceedings for the assessment year 1981-82, claimed the deduction of Rs. 10,542 which amount had heed paid by it to the Income-tax Department as interest under section 201(1A). The claim so made was rejected

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

In the result, the appeal filed by the revenue is dismissed

ITA 1981/BANG/2018[2010-11]Status: DisposedITAT Bangalore12 Jan 2023AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

gains of the business for the assessment year 1981-82. 2. The assessee had, in the course of the assessment proceedings for the assessment year 1981-82, claimed the deduction of Rs. 10,542 which amount had heed paid by it to the Income-tax Department as interest under section 201(1A). The claim so made was rejected

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

In the result, appeals filed by the assessee are partly allowed

ITA 25/BANG/2024[2017-18]Status: DisposedITAT Bangalore31 Oct 2025AY 2017-18
Section 153ASection 250

gains in\nits computation of income. Therefore, the revenue has failed to\nappreciate that the seller had paid taxes on the same and even on\nthis count the claim of depreciation by the appellant cannot be\ndenied.\n\nff.\nIn view of the above, the appellant submits that the disallowance of\ndepreciation claimed on goodwill is unsustainable

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

In the result, appeals filed by the assessee are partly allowed

ITA 26/BANG/2024[2018-19]Status: DisposedITAT Bangalore31 Oct 2025AY 2018-19
For Appellant: Shri. A. Shankar, Sr. AdvocateFor Respondent: Shri. K. M. Mahesh, CIT(DR)(ITAT), Bangalore
Section 153ASection 250

gains in\nits computation of income. Therefore, the revenue has failed to\nappreciate that the seller had paid taxes on the same and even on\nthis count the claim of depreciation by the appellant cannot be\ndenied.\n\nff.\nIn view of the above, the appellant submits that the disallowance of\ndepreciation claimed on goodwill is unsustainable

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 which are not immediately required to be lent to the members and invested with the bank for short period to earn interest. Then such interest will qualify as income attributable to the banking business or providing credit facility to the members. Therefore, it was asked to the assessee to furnished details regarding whether the deposited with the SUCO Bank

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(2), BENGALURU

In the result, appeals filed by the assessee are partly allowed

ITA 21/BANG/2024[2013-14]Status: DisposedITAT Bangalore31 Oct 2025AY 2013-14

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

For Appellant: Shri. A. Shankar, Sr. AdvocateFor Respondent: Shri. K. M. Mahesh, CIT(DR)(ITAT), Bangalore
Section 153ASection 234ASection 250

gains in its computation of income. Therefore, the revenue has failed to appreciate that the seller had paid taxes on the same and even on this count the claim of depreciation by the appellant cannot be denied. ff. In view of the above, the appellant submits that the disallowance of depreciation claimed on goodwill is unsustainable

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, appeals filed by the assessee are partly allowed

ITA 24/BANG/2024[2016-17]Status: DisposedITAT Bangalore31 Oct 2025AY 2016-17

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

For Appellant: Shri. A. Shankar, Sr. AdvocateFor Respondent: Shri. K. M. Mahesh, CIT(DR)(ITAT), Bangalore
Section 153ASection 234ASection 250

gains in its computation of income. Therefore, the revenue has failed to appreciate that the seller had paid taxes on the same and even on this count the claim of depreciation by the appellant cannot be denied. ff. In view of the above, the appellant submits that the disallowance of depreciation claimed on goodwill is unsustainable

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, appeals filed by the assessee are partly allowed

ITA 22/BANG/2024[2014-15]Status: DisposedITAT Bangalore31 Oct 2025AY 2014-15

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

For Appellant: Shri. A. Shankar, Sr. AdvocateFor Respondent: Shri. K. M. Mahesh, CIT(DR)(ITAT), Bangalore
Section 153ASection 234ASection 250

gains in its computation of income. Therefore, the revenue has failed to appreciate that the seller had paid taxes on the same and even on this count the claim of depreciation by the appellant cannot be denied. ff. In view of the above, the appellant submits that the disallowance of depreciation claimed on goodwill is unsustainable