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42 results for “capital gains”+ Section 249clear

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Key Topics

Addition to Income35Section 14822Section 153A21Section 153C18Disallowance17Section 14716Section 25013Section 143(3)13Section 92C13

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE, BANGALORE vs. RAMESH NARAYANA REDDY (HUF), BANGALORE

ITA 720/BANG/2024[2020-21]Status: DisposedITAT Bangalore30 Jul 2024AY 2020-21

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavdcit, Circle - 4(1)(1) Ramesh Narayana Reddy (Huf) Room No. 230, 2Nd Floor #62, Sonnenahalli Bmtc Building, Koramangala Vs. Mahadevapura Bangalore 560095 Bangalore 560048 Pan – Aamhr4231A (Appellant) (Respondent) Assessee By: Shri V. Srinivasan, Advocate Revenue By: Shri Subramanian S., Jcit-Dr Date Of Hearing: 24.07.2024 Date Of Pronouncement: 30.07.2024 O R D E R Per: Prakash Chand Yadav, J.M. The Present Appeal Of The Revenue Challenges The Din & Order No. Itba/Nfac/S/2003-24/1061428431(1) Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 23.02.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2020-21. 2. Aggrieved With The Order Of The Ld. Cit(A) The Revenue Has Come Up In Appeal Before Us & Raised The Following Grounds: - “The Ld. Addl. Cit(A) Has Erred In Deleting The Addition Of Rs. 1,18,01,752 As Deemed Rental Income On The Ground That There Was No Addition Made In The Case Of Other Two Co-Owners Of The Same Property For The Same Assessment Year. The Nfac Has Not Considered That The Assessments Of Three Different Co-Owners Were Completed In Faceless Manner. There Is No Algorithm For Allocation Of Cases Of Three Different Assessees Having Common Interest In A Single Property To A Single Assessing Officer For Assessment. Hence, Omission Of Addition In Cases Of Other Two Co-Owners Of The Property Wherein Assesses Is An Owner May Be Because

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri Subramanian S., JCIT-DR
Section 194Section 250

Showing 1–20 of 42 · Page 1 of 3

Section 249(4)11
Search & Seizure11
Capital Gains8

section was quoted correctly by the deductor.” 3 Ramesh Narayana Reddy (HUF) 3. At the outset the revenue has challenged the order of the CIT(A) on three counts. a. NAFC has erred in deleting the addition of Rs 1,81,01,752/- on account of deemed rental income from the flats owned by assessee, these flats were allotted

SMT. SULOCHANA RAMESH,BENGALURU vs. THE ACIT, CENTRAL CIRCLE- 2(2), BENGALURU

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 1120/BANG/2022[2014-15]Status: DisposedITAT Bangalore20 Feb 2023AY 2014-15

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2014-15

For Appellant: Smt. Sunaina Bhatia, AdvocateFor Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
Section 132Section 139(9)Section 144Section 153CSection 249(4)(b)Section 294(4)

capital gains – Rs.1,18,90,000 (iii) Unexplained deposits – Rs.1,16,28,191 (iv) Unexplained credit – Rs.4,37,21,950 (v) Cash deposit – Rs.76,000 3. The assessee filed an appeal before the CIT(A) against this order of the AO however the same was dismissed by the CIT(A). The assessee contested the order of CIT(A) before

MR. MUPPURI DAMODAR,BENGALURU vs. INCOME TAX OFFICER, WARD-7(2)(5), BENGALURU

In the result, the appeal filed by the assessee is allowed for statistical purposes in terms of the above observations

ITA 1231/BANG/2024[2015-16]Status: DisposedITAT Bangalore31 Jul 2024AY 2015-16

Bench: Shri Waseem Ahmed & Shri Keshav Dubeymuppuri Damodar The Income Tax Officer #26/1, 7Th Main, Sb Colony Ward - 7(2)(5) Bsk Iii Stage, 7Th Block Vs. Bengaluru Bengaluru 560085 Pan – Ahppd9356E (Appellant) (Respondent) Assessee By: Ms. Sunaina Bhatia, Advocate Revenue By: Shri Ganesh R. Gale, Standing Counsel Date Of Hearing: 25.07.2024 Date Of Pronouncement: 31.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 09.02.2024 Vide Din & Order No. Itba/Nfac/S/250/2003-24/1060723928(1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2015-16. 2. The Assessee Has Raised 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 Dismissing The Appeal As Not- Admitted On The Ground That The Applicable Advance Tax Has Not Been Paid By The Appellant Before The Filing Of The Present Appeal Under The Facts & In The Circumstances Of The Appellant'S Case.

For Appellant: Ms. Sunaina Bhatia, AdvocateFor Respondent: Shri Ganesh R. Gale, Standing Counsel
Section 148Section 149Section 234ASection 249Section 250Section 69A

capital gain on the consideration received towards her share (50%) as per the Joint Development Agreement. In the present case, the assessee is contending that he is in the business of running a small medical shop and his income from business and other sources is well below the maximum amount which is not chargeable to income tax. Therefore and case

M/S UB SPORTS MANAGEMENT OVERSEAS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX(INTERNATIONAL TAXATION) CIRCLE-1(2), BANGALORE

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

ITA 2930/BANG/2018[2014-15]Status: DisposedITAT Bangalore24 Feb 2023AY 2014-15

Bench: Shri George George K. & Ms. Padmavathy S.

For Appellant: Smt. Manasa Ananthan, AdvocateFor Respondent: Ms. Neera Malthora, CIT-DR
Section 143(2)Section 143(3)Section 92A(2)Section 92C

capital gains (based on the assessed income) of Rs. 96,52,74,468/-. We shall adjudicate the above two issues as under: - Re-computation of arm's length price of shares sold by the assessee amounting to Rs. 262,27,80,021/- (Ground Nos. 1 to 14): 6. The brief facts in relation to the above issue are that

M/S PALMER INVESTMENT GROUP LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE-2(1), BANGALORE

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

ITA 2929/BANG/2018[2014-15]Status: DisposedITAT Bangalore24 Feb 2023AY 2014-15

Bench: Shri George George K. & Ms. Padmavathy S.

For Appellant: Smt. Manasa Ananthan, AdvocateFor Respondent: Ms. Neera Malthora, CIT-DR
Section 143(2)Section 143(3)Section 92A(2)Section 92C

capital gains (based on the assessed income) of Rs. 96,52,74,468/-. We shall adjudicate the above two issues as under: - Re-computation of arm's length price of shares sold by the assessee amounting to Rs. 262,27,80,021/- (Ground Nos. 1 to 14): 6. The brief facts in relation to the above issue are that

SHAMANNA REDDY ,BANGALORE vs. INCOME TAX OFFICER, WARD-4(1)(3), BANGALORE

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

ITA 1120/BANG/2023[2018-19]Status: DisposedITAT Bangalore20 Feb 2024AY 2018-19

Bench: Shri George George K & Shri Chandra Poojarind Shri Laxmi Prasad Sahuassessment Year : 2018-19 Shri. Shamanna Reddy, Vs. Ito, C/O. Chowdeshwari Rice Building, Ward – 4(1)(3), Opp. Hi Look Bakery, Bengaluru. Kasavanahalli, Sarjapur Road, Bengaluru – 560 035. Pan : Ccwpr 8342 E Appellant Respondent Assessee By : Shri. Siddesh Nagaraj Gaddi, Ca Revenue By : Dr. Nischal, Addl. Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 20.02.2024 Date Of Pronouncement : 20.02.2024

For Appellant: Shri. Siddesh Nagaraj Gaddi, CAFor Respondent: Dr. Nischal, Addl. CIT(DR)(ITAT), Bengaluru
Section 133(6)Section 144Section 147Section 148Section 148ASection 156Section 2(14)Section 234ASection 249(4)Section 250

capital gain was determined on sale of property. Accordingly, a demand was issued for a sum of Rs.24,58,377/-. 4. Aggrieved, assessee filed appeal before the First Appellate Authority. The CIT(A) dismissed the appeal of the assessee on technical grounds by invoking the provisions of section 249

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

MR. RAVINDRA KARADAHALLI VIVEK ,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, appeal of the assessee in ITA

ITA 870/BANG/2024[2015-16]Status: DisposedITAT Bangalore10 Jul 2024AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Abhishek Murthy R., A.RFor Respondent: Sri Subramanian S., D.R
Section 142Section 147Section 148Section 249(4)Section 249(4)(a)Section 249(4)(b)Section 271(1)(b)

section 249(4)(b) of the Act. Assessee submitted that he is not liable for long-term capital gains since

MR. RAVINDRA KARADAHALLI VIVEK ,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, appeal of the assessee in ITA

ITA 635/BANG/2024[2015-16]Status: DisposedITAT Bangalore10 Jul 2024AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Abhishek Murthy R., A.RFor Respondent: Sri Subramanian S., D.R
Section 142Section 147Section 148Section 249(4)Section 249(4)(a)Section 249(4)(b)Section 271(1)(b)

section 249(4)(b) of the Act. Assessee submitted that he is not liable for long-term capital gains since

MR. RAVINDRA KARADAHALLI VIVEK ,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, appeal of the assessee in ITA

ITA 1128/BANG/2024[2015-16]Status: DisposedITAT Bangalore10 Jul 2024AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Abhishek Murthy R., A.RFor Respondent: Sri Subramanian S., D.R
Section 142Section 147Section 148Section 249(4)Section 249(4)(a)Section 249(4)(b)Section 271(1)(b)

section 249(4)(b) of the Act. Assessee submitted that he is not liable for long-term capital gains since

MR. RAVINDRA KARADAHALLI VIVEK,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, appeal of the assessee in ITA

ITA 1129/BANG/2024[2015-16]Status: DisposedITAT Bangalore10 Jul 2024AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Abhishek Murthy R., A.RFor Respondent: Sri Subramanian S., D.R
Section 142Section 147Section 148Section 249(4)Section 249(4)(a)Section 249(4)(b)Section 271(1)(b)

section 249(4)(b) of the Act. Assessee submitted that he is not liable for long-term capital gains since

ASIAN EARTH MOVERS,BELLARY vs. INCOME TAX OFFICER, WARD 1 & TPS, BELLARY

In the result, the appeal is allowed for statistical purposes

ITA 136/BANG/2024[2018-19]Status: DisposedITAT Bangalore24 Sept 2024AY 2018-19

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2018-19

For Appellant: Shri B.S. Balachandran, AdvocateFor Respondent: Shri V. Parithivel, Jt. CIT(DR)(ITAT), Bengaluru
Section 139(1)Section 144BSection 147Section 148Section 234ASection 249(4)Section 270ASection 272A(1)(d)

section 249(4) is NIL. 3. The impugned assessment order is bad in law and void: (i) Because, mere information that immovable property of the Appellant was sold for Rs 67,67,000/- did not lead to any inference of income escaping assessment, let alone any formation of 'reason to believe', which is a condition precedent for issue

KALKERE PUTTARAJU VAJRAMUNIE, ROYAL HERMITAGE, KALKERE B.O, KALKERE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(4) BANGALORE, BANGALORE, KARNATAKA

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

ITA 901/BANG/2025[2014-15]Status: DisposedITAT Bangalore14 Aug 2025AY 2014-15

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Siddesh N Gaddi, CAFor Respondent: Shri Balusamy N, JCIT (DR)
Section 132Section 143(3)Section 153ASection 69B

capital gains on entering into Joint ventures and also on sale of some sites/properties. 4.2 Further, it is also noticed that Shri. T Puttaraju has invested in properties in his name as well as in the name of his son. The income from house property on the properties held in the name of his son, Shri. Vajramuni K.P is found

KALKERE PUTTARAJU VAJRAMUNIE, ROYAL HERMITAGE, KALKERE B.O, KALKERE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(4) BANGALORE, BANGALORE, KARNATAKA

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

ITA 902/BANG/2025[2018-19]Status: DisposedITAT Bangalore14 Aug 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Siddesh N Gaddi, CAFor Respondent: Shri Balusamy N, JCIT (DR)
Section 132Section 143(3)Section 153ASection 69B

capital gains on entering into Joint ventures and also on sale of some sites/properties. 4.2 Further, it is also noticed that Shri. T Puttaraju has invested in properties in his name as well as in the name of his son. The income from house property on the properties held in the name of his son, Shri. Vajramuni K.P is found

M/S. PLAZA AGENCIES PRIVATE LIMITED ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME, CIRCLE-5(1)(2), BENGALURU

In the result, the appeal filed by the assessee is allowed in substance and set aside to the file of AO for limited purpose of quantification of the amount of expenses and depreciation

ITA 910/BANG/2024[2017-18]Status: DisposedITAT Bangalore27 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavplaza Agencies Pvt. Ltd. Dcit, Circle - 5(1)(2) #41, Mantri House Bengaluru Vittal Mallya Road Vs. Bengaluru 560001 Pan – Aaccp0589Q (Appellant) (Respondent) Assessee By: Smt. Sunaiana Bhatia, Ca Revenue By: Ms. Neha Sahay, Jcit-Dr Date Of Hearing: 26.06.2024 Date Of Pronouncement: 27.06.2024 O R D E R Per: Prakash Chand Yadav, J.M. Present Assessee’S Appeal Is Arising From The Order Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 08.04.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2017-18 Having Din & Order No. Itba/Nfac/S/2004-25/1063981275(1).

For Appellant: Smt. Sunaiana Bhatia, CAFor Respondent: Ms. Neha Sahay, JCIT-DR
Section 14ASection 250

249/- and business of Rs.97,23,869/-. The assessee set off the loss from other sources against the entire income from house property and capital gain to the extent of Rs. 1,32,25,117/- and thus declared Nil income. The case of the assessee was selected for limited scrutiny for the following reasons: - (a) Expenses incurred for earning exempt

NITESH KEKRE,BANGALORE vs. DCIT, CIRCLE-3(3)(1), BANGALORE

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

ITA 860/BANG/2025[2017-18]Status: DisposedITAT Bangalore26 Aug 2025AY 2017-18

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

For Appellant: Shri Navaneeth N Kini, CAFor Respondent: Shri Subramanian S, JCIT (DR)
Section 143(1)Section 154Section 5

capital gain and interest etc. The assessee for the A.Y. 2017-18 filed return of income as on 27th July 2017 declaring income at Rs. 2,06,36,780/- which included income earned outside India. The assessee against the tax liability claimed credit of foreign tax of Rs. 81,178/- only. The claim of foreign tax credit (FTC) was disallowed

MR. D K SHIVAKUMAR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

In the result, we allow appeal filed by the assessee

ITA 205/BANG/2022[2006-07]Status: DisposedITAT Bangalore31 Jan 2025AY 2006-07
Section 153ASection 153C

capital gains / income from other sources from the said sale has not been offered to tax.\nOn the basis of the above information received from the Investigation Wing and perusal of the\nseized documents, the AO had reason to believe that income chargeable to tax has escaped\nassessment for the assessment year 2006-07 and hence the provisions of section

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

ITA 46/BANG/2020[2008-09]Status: DisposedITAT Bangalore31 Jan 2025AY 2008-09
Section 153ASection 153C

capital gains / income from other sources from the said sale has not been offered to tax.\nOn the basis of the above information received from the Investigation Wing and perusal of the\nseized documents, the AO had reason to believe that income chargeable to tax has escaped\nassessment for the assessment year 2006-07 and hence the provisions of section

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

In the result, we allow appeal filed by the assessee

ITA 47/BANG/2020[2009-10]Status: DisposedITAT Bangalore31 Jan 2025AY 2009-10
Section 153ASection 153C

capital gains / income from other sources from the said sale has not been offered to tax.\nOn the basis of the above information received from the Investigation Wing and perusal of the\nseized documents, the AO had reason to believe that income chargeable to tax has escaped\nassessment for the assessment year 2006-07 and hence the provisions of section

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

In the result, we allow appeal filed by the assessee

ITA 48/BANG/2020[2010-11]Status: DisposedITAT Bangalore31 Jan 2025AY 2010-11
Section 153ASection 153C

capital gains / income from other sources from the said sale has not been offered to tax.\nOn the basis of the above information received from the Investigation Wing and perusal of the\nseized documents, the AO had reason to believe that income chargeable to tax has escaped\nassessment for the assessment year 2006-07 and hence the provisions of section