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1,463 results for “capital gains”+ Section 2(22)(e)clear

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Key Topics

Addition to Income67Section 153A65Section 143(3)64Section 14850Section 133A36Section 10A31Disallowance31Section 6828Section 201(1)27

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, MANGALORE vs. SHRI.P.M.A.RAZAK, MANGALORE

In the result, the appeal of the revenue is partly allowed

ITA 1637/BANG/2016[2013-14]Status: DisposedITAT Bangalore30 Aug 2023AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

For Appellant: Shri Saravanan, D.RFor Respondent: Smt. Sheetal, A.R
Section 132Section 139Section 142(1)Section 143(1)Section 2(22)(e)

capital gains arising before the1st day of April, 1946, or after the 31st day of March, 1948, and before the 1st day of April, 1956. Explanation 2.—The expression "accumulated profits" in sub- clauses (a), (b), (d) and (e), shall include all profits of the company up to the date of distribution or payment referred to in those sub- clauses

Showing 1–20 of 1,463 · Page 1 of 74

...
Deduction24
Section 13223
TDS20

DR. L.S. RAVI PRAKASH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(1), BANGALORE

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

ITA 30/BANG/2021[2011-12]Status: DisposedITAT Bangalore28 Oct 2022AY 2011-12

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2011-12

For Appellant: Shri G. Sathyanarayana, A.RFor Respondent: Shri Praveen Karanth, D.R
Section 78

capital gains is not to wait for the end of the previous year. Similarly, there can be income from other sources also such as receipt of dividend income or interest which may not have to wait for determination at the end of the year. Similarly, some ITA No.30 /Bang/2021 Dr. L.S. Ravi Prakash, Bangalore Page 15 of 21 subsidy

DCIT, BANGALORE vs. SHRI. SUMIR J HINDUJA, BANGALORE

In the result, appeals filed by the revenue and COs filed by the assessee are dismissed

ITA 1374/BANG/2012[2006-07]Status: DisposedITAT Bangalore22 Jul 2022AY 2006-07

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2006-07 Shri Jagadish N. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aacph7291Q Appellant Respondent Assessment Year: 2006-07 Shri Sumir J. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aaeph5197H Appellant Respondent C.O. No.48/Bang/2013 (Arising Out Of Ita No.1373/Bang/2012) Assessment Year: 2006-07 Shri Jagadish N. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent C.O. No.49/Bang/2013 (Arising Out Of Ita No.1374/Bang/2012) Assessment Year: 2006-07 Shri Sumir J. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent Appellant By : Shri Susan Dolores George, D.R. Respondent By : Shri Ashok A Kulkarni, A.R.

For Appellant: Shri Susan Dolores George, D.RFor Respondent: Shri Ashok A Kulkarni, A.R
Section 147Section 148Section 2(22)(e)

capital had to be injected by the investors. The investors are stated to have imposed certain conditions in the agreement, which were clarified in another agreement dated 24/12/2005 between the promoters and M/s GIPL. As per this, M/s GIPL had to dissociate itself towards improving its financial health, stability and free itself from any liabilities and commitments that might expose

DCIT, BANGALORE vs. SHRI. JAGADISH N HINDUJA, BANGALORE

In the result, appeals filed by the revenue and COs filed by the assessee are dismissed

ITA 1373/BANG/2012[2006-07]Status: DisposedITAT Bangalore22 Jul 2022AY 2006-07

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2006-07 Shri Jagadish N. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aacph7291Q Appellant Respondent Assessment Year: 2006-07 Shri Sumir J. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aaeph5197H Appellant Respondent C.O. No.48/Bang/2013 (Arising Out Of Ita No.1373/Bang/2012) Assessment Year: 2006-07 Shri Jagadish N. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent C.O. No.49/Bang/2013 (Arising Out Of Ita No.1374/Bang/2012) Assessment Year: 2006-07 Shri Sumir J. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent Appellant By : Shri Susan Dolores George, D.R. Respondent By : Shri Ashok A Kulkarni, A.R.

For Appellant: Shri Susan Dolores George, D.RFor Respondent: Shri Ashok A Kulkarni, A.R
Section 147Section 148Section 2(22)(e)

capital had to be injected by the investors. The investors are stated to have imposed certain conditions in the agreement, which were clarified in another agreement dated 24/12/2005 between the promoters and M/s GIPL. As per this, M/s GIPL had to dissociate itself towards improving its financial health, stability and free itself from any liabilities and commitments that might expose

WEP PERIPHERALS LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(2), BANGALORE

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

ITA 1905/BANG/2017[2012-13]Status: DisposedITAT Bangalore14 Jul 2022AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2012 – 13

For Appellant: Shri K.R. Pradeep, A.R. &For Respondent: Shri Srinivas Rao Bandaru, D.R
Section 143(3)Section 2(22)(e)

capital gains arising before the 1st day of April, 1946, or after the 31st day of March, 1948 , and before the 1st day of April, 1956. Explanation 2.-- The expression" accumulated profits" in sub- clauses (a), (b), (d) and (e), shall include all profits of the company up to the date of distribution or payment referred to in those

M/S ASSETZ INFRASTRUCTURE PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(1), BANGALORE

In the result, the grounds 3

ITA 563/BANG/2019[2014-15]Status: DisposedITAT Bangalore23 Mar 2022AY 2014-15

Bench: Shri George George K. & Shri B.R. Baskaranassessment Year:2014-15

For Appellant: Shri Padam Chand Khincha, A.RFor Respondent: Smt. Priyadarshini Besaganni, D.R
Section 2(22)(e)

gain anything by postponing the taxability of deemed dividend. Further, the Learned CIT(A) has observed that the Cochin bench did not consider Explanation 2 to sec. 2(22)(e) of the Act. We have already noticed that the Ahmedabad bench of the Tribunal has explained about the area of operation of Explanation 2 to sec. 2(22)(e

SRI KAMANAHALLI PILLA REDDY NAGESH,BANGALORE vs. INCOME TAX OFFICER, WARD- 4(3)(5), BANGALORE

Accordingly, this ground of the assessee is allowed

ITA 1396/BANG/2019[2014-15]Status: DisposedITAT Bangalore21 Jun 2022AY 2014-15

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2014-15 Shri Kamanahalli Pilla Reddy Nagesh, Kamanahalli Village, Kagur The Income Tax Post, Officer, Sarjapura Road, Ward – 4 [3] [5], Anekal Taluk, Bangalore. Vs. Bangalore – 562 125. Pan: Adfpn8365H Appellant Respondent Assessee By : Shri Guruswamy, Itp : Shri V.S. Chakrapani, Cit- Revenue By Dr Date Of Hearing : 01-06-2022 Date Of Pronouncement : 21-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 28.03.2019 Passed By Ld.Cit(A)-9, Bangalore For A.Y. 2014-15 On The Following Grounds Of Appeal: “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant, Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Learned Cit[A] Is Not Justified In Upholding The Assessment Order Passed U/S. 143[3] Of The Act Despite The Fact That No Valid Notice U/S.143[2] Of The Act Was Served

For Appellant: Shri Guruswamy, ITP
Section 10(1)Section 143Section 2(14)Section 234Section 292BSection 54B

capital asset within the meaning of section 2(14) of the IT Act. The simple reply of the assessee’s representative was that though the lands were converted, agricultural activities were going on. 7. The Assessing Officer held though the assessee’s representative was harping that the agricultural activities were carried on till the date of the sale, even after

SRI BHASKAR RAJU,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE

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

ITA 1828/BANG/2016[2007-08]Status: DisposedITAT Bangalore01 Oct 2019AY 2007-08

Bench: Shri B.R Baskaran & Smt. Beena Pillai

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri R.N Siddappaji, Addl. CIT
Section 143(1)Section 148Section 153CSection 154

Capital expenditure does not arise. The assessee has undertaken to sell the land belonging to other person and accordingly he has entered into an agreement to sell the land with a person named Shri D.K.Sharma, admittedly, as representative of the owner of the land. In our view, the above said activities carried on by the assessee can only considered

MR K. P. MANJUNATHA REDDY,BANGALORE vs. THE INCOME TAX OFFICER, WARD 4(3)(2), BANGALORE

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

ITA 977/BANG/2019[2014-15]Status: DisposedITAT Bangalore25 Mar 2022AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2014-15

For Appellant: Shri Thirumala Naidu, A.RFor Respondent: Smt. Priyadarshini Mishra, D.R
Section 10(1)Section 143(3)Section 2(14)Section 271(1)(c)

capital gains tax. These points were considered by the various decisions of the Apex court and High Courts and he, particularly relied on the following decisions : i) CIT v. Gemini Pictures P. Ltd., (1996) 220 ITR 43 (SC); ii) Mahaveer Enterprises v. Union of India (2000) 224 ITR 789 (Raj); iii) CWT v. Officer-in-charge (Court of Wards) Paigah

ACIT, BANGALORE vs. SHRI. PRASHANTH PRAKASH, BANGALORE

In the result, the appeal by the Revenue is dismissed, while the Cross Objection by assessee is treated as allowed for statistical purposes

ITA 864/BANG/2014[2009-10]Status: DisposedITAT Bangalore11 Jun 2015AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2009-10

For Appellant: Shri H.N. Khincha, CAFor Respondent: Shri P. Dhivahar, Jt. CIT(DR)
Section 143(3)Section 54F

e) Residential House has been purchased in May 2011, beyond the limitation period of 2 years which ends on September 2010. 6. On appeal by the assessee, the CIT(Appeals) directed the AO to allow the claim of the assessee for deduction u/s. 54F of the Act, observing as follows:- “9.5 I have gone through the appellant’s submission

M/S. DEVANAM CONSTRUCTIONS PRIVATE LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 2(1)(2), BANGALORE

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

ITA 2644/BANG/2019[2014-15]Status: DisposedITAT Bangalore27 May 2022AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Nitish Ranjan, CAFor Respondent: Sri.Sankar Ganesh K, JCIT-DR
Section 143Section 143(2)Section 143(3)Section 2(22)(e)

capital gains arising before the 1st day of April, 1946, or after the 31st day of March, 1948, and before the 1st day of April, 1956. Explanation 2.—The expression "accumulated profits" in sub-clauses (a), (b), (d) and (e), shall include all profits of the company up to the date of distribution or payment referred to in those

M/S PRESTIGE ESTATES PROJECTS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-18(1), BANGALORE

In the result, the appeal of the assessee is allowed

ITA 813/BANG/2019[2014-15]Status: DisposedITAT Bangalore02 Mar 2021AY 2014-15

Bench: Shri N.V.Vasudevan, Vp & Shri Chandra Poojari, Am

For Appellant: Sri.Padamchand Khincha, CAFor Respondent: Smt.R.Premi, JCIT-DR
Section 191Section 194Section 201Section 201(1)Section 206ASection 4

section 53A of the Transfer of Property Act. This agreement cannot, therefore, be said to be in the nature of a contract referred to in section 53A of the Transfer of Property Act. It cannot, therefore, be said that the provisions of section 2(47)(v) will apply in the situation before us. Considering the facts and circumstances

SHRI. KOLA VENKAT RAMA NAIDU,BANGALORE vs. THE COMMISSIONER OF INCOME TAX (APPEALS) - 6, BANGALORE

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

ITA 206/BANG/2020[2010-11]Status: DisposedITAT Bangalore05 Aug 2022AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

For Appellant: Shri V. Srinivasan, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 133ASection 2(47)(v)Section 250

E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: This appeal by the assessee is directed against order of the CIT(A) dated 21.11.2019. The assessee has raised following grounds of appeal:- The impugned order dated 16.11.2019 passed by the (2) Assistant Commissioner of Income Tax, Appeal - 6 under section 250 of the Income Tax Act 1961 for assessment year

FIDELITY BUSINESS SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

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

ITA 416/BANG/2016[2011-12]Status: DisposedITAT Bangalore22 Feb 2017AY 2011-12

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri T. Suryanarayana, AdvocateFor Respondent: Shri Muzzaffar Hussain, CIT, LTU (D.R)
Section 115Section 143(2)Section 143(3)Section 2(22)(d)Section 77A

E R Per Shri Vijay Pal Rao, J.M. : This appeal by the assessee is directed against the assessment order dt.29.01.2016 passed under Section 143(3) r.w.s. 144C of the Income Tax Act, 1961 (in short 'the Act') in pursuant to the directions of the Dispute 2 IT(TP)A No.416/Bang/2016 Resolution Panel (in short ‘DRP’) dt.09.02.2015 for the Assessment Year

SURESH ENTERPRISES PRIVATE LIMITED,HUBLI vs. ACIT, HUBLI

In the result, the appeal filed by the assessee-company is allowed

ITA 1284/BANG/2015[2011-12]Status: DisposedITAT Bangalore20 Jul 2016AY 2011-12

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Raom/S.Suresh Enterprises Pvt.Ltd. Akshay Chabbi Corner, Akshay Centre, Gokul Road, Hubli. … Appellant Pa No.Aaccs4691 N Vs. Asst. Commissioner Of Income-Tax, Circle 3(1), Hubli. … Respondent

For Appellant: Shri S.Parthasarathi, AdvocateFor Respondent: Shri Sunil Kumar Agarwala, JCIT(DR)
Section 2(22)(e)

e) Capital gains not chargeable to tax The Honourable C I T (A) has not taken into consideration the meaning of "Dividend" as explained above and hence the order passed by C I T (A) is against the provisions of Section 2(22

M/S JAICO AUTOMOBILE ENGINEERING COMPANY PVT LTD ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(5), BANGALORE

In the result, the appeal by the assessee is dismissed

ITA 933/BANG/2017[2007-08]Status: DisposedITAT Bangalore11 Oct 2021AY 2007-08

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2007-08

For Appellant: Smt. Sheetal Borkar, AdvocateFor Respondent: Shri Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 2(47)(v)Section 234ASection 45Section 53A

E R Per Chandra Poojari, Accountant Member This appeal by the assessee is directed against the order of the CIT(Appeals) dated 17.12.2014 on the following grounds:- “l. The learned Commissioner of Income-tax (Appeals) erred in upholding the disallowance of travel expenditure to the extent confirmed by him. (Rs.1,68,371). 2. The learned Commissioner (A) erred in upholding

M/S. ABB LTD.,,BANGALORE vs. THE ADDL. CIT, BANGALORE

In the result appeal by the Assessee is allowed

ITA 1281/BANG/2010[1997-98]Status: DisposedITAT Bangalore14 May 2015AY 1997-98

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz Assessment Year : 1997-98

For Appellant: Shri P.J. Pardiwalla, Sr. AdvocateFor Respondent: Shri K.V. Arvind, Sr. Counsel

E R Per N.V. Vasudevan, Judicial Member This is an appeal by the Assessee against the order dated 30.09.2010 of CIT(A), LTU, relating to AY 1997-98. 2. During the previous year relevant to AY 1997-98, the Assessee was engaged in the business of Manufacturing and trading. The Assessee as Page 2 of 45 part of its business

DIVYA DINESH ,BENGALURU vs. DCIT, CIRCLE-7(1)(1), BANGALORE

In the result appeal of the assessee is allowed

ITA 2194/BANG/2025[2019-2020]Status: DisposedITAT Bangalore24 Feb 2026AY 2019-2020

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Sudheendra B.R, AdvocateFor Respondent: Shri Balusamy N, JCIT
Section 115BSection 143(1)Section 154Section 250Section 80G

E R PER WASEEM AHMED, ACCOUNTANT MEMBER: This set of 2 appeal, filed at the instance of the assessee, is directed against the common order of the Learned Commissioner of Income Tax (Appeals), Nashik (hereafter the learned CIT(A), under section 250 of the Income Tax Act, 1963 (hereafter the Act) for A.Ys. 2019-20 & 2021-22 dated 19/06/2025

M/S JUPITER CAPITAL PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(5), BANGALORE

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

ITA 445/BANG/2018[2014-15]Status: DisposedITAT Bangalore29 Nov 2018AY 2014-15

Bench: Shri Sunil Kumar Yadav & Shri Arun Kumar Garodiaassessment Year : 2014-15

For Appellant: Shri S. Parthasarathi, AdvocateFor Respondent: Shri D. Sudhakara Rao, CIT (DR)
Section 2(47)

E R Per Shri A.K. Garodia, Accountant Member This appeal is filed by the assessee and the same is directed against the order of ld. CIT (A)-4, Bangalore dated 14.12.2017for Assessment Year 2014-15. 2. The grounds raised by the assessee are as under. “1. The learned Commissioner of Income Tax (Appeals) (CIT) erred in upholding the order

SMT. SAVITRI KADUR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the result, the appeal of the assessee is allowed to the extent indicated above

ITA 1700/BANG/2016[2008-09]Status: DisposedITAT Bangalore03 May 2019AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Jason P Boazassessment Year : 2008-09

For Appellant: Shri Padamchand Khincha, C.AFor Respondent: Dr. Pradeep Kumar, Addl. CIT(DR)
Section 2(47)Section 45Section 54E

E R Per N.V. Vasudevan, Vice President This is an appeal by the by the assessee against order dated 4/8/2016 of CIT, Bengaluru-2, Bengaluru relating to asst. year 2008-09. 2. The only issue that arises for consideration in this appeal is as to whether the Revenue authorities were justified in treating sum of Rs.11,61,800/- as capital