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

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

capital gains on dissolution under section 45(4) of the Income-tax Act, 1961, and not the partner. Section 45

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

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

capital gains are fulfilled. 6. It should have been appreciated that only the unutilized amount has to be invested in a special account u/s 54(2) and when there is such utilization before the date of filing u/s 139, which includes 139(4), the requirement of deposit in special account does not arise. 7. The NFAC ought to have appreciated

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

4) of section 45, the amount\nchargeable to income-tax as income of such\nspecified entity under that sub-section which\nis attributable to the capital asset being\ntransferred by the specified entity, calculated\nin the prescribed manner:\nProvided............”\n12. On combined reading of these provisions,\nany profits or gains

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

4) of section 45, the amount\nchargeable to income-tax as income of such\nspecified entity under that sub-section which\nis attributable to the capital asset being\ntransferred by the specified entity, calculated\nin the prescribed manner:\nProvided.................................\"\n12. On combined reading of these provisions,\nany profits or gains

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

4) of section 45, the amount\nchargeable to income-tax as income of such\nspecified entity under that sub-section which\nis attributable to the capital asset being\ntransferred by the specified entity, calculated\nin the prescribed manner:\nProvided.. \"\n12. On combined reading of these provisions,\nany profits or gains

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

In the result appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

45 to 55A. Section 48 with the heading "Mode of computation" provides that the income chargeable under the head "Capital gains" shall be computed by deducting from the full value of the consideration received or accruing as a result of the transfer of the capital asset, the expenditure incurred wholly and exclusively in connection with such transfer and the cost

SHRI K.G SUBBARAMA SETTY ,BANGALORE vs. ACIT 5(2)(1) BANGALORE, C R BUILDING

In the result all the three appeals in ITA Nos

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

capital gain to be taxed @ 20% is the sole issue in the set aside appellate proceedings. The ld. CIT(A) held that thebasic ingredients required for attracting section 45(4

K A SUJIT CHANDAN,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE BENGALURU.-5(2)(1), BENGALURU

In the result all the three appeals in ITA Nos

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

capital gain to be taxed @ 20% is the sole issue in the set aside appellate proceedings. The ld. CIT(A) held that thebasic ingredients required for attracting section 45(4

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

In the result appeal of the assessee is allowed

4) of the Act,\nthe donation in excess of 10% of the gross total income has to be\nignored while computing the deduction. Since the gross total income was\nrecomputed, the allowable deduction under section 80G was correctly\nrestricted by CPC. The Id. CIT(A) therefore found no error in the\nrectification order passed under section

M/S. ATRIA WIND (KADAMBUR) PRIVATE LIMITED,BENGALUAU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BENGALURU

In the result, appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year: 2017-18

section 47(xiii) proviso (a) or (c) of the Act and therefore, the order of the AO treating the value of the assets and liabilities of the firm, as capital gain obtained by way of transfer of capital asset liable to be taxed under the head long term capital gains u/s 45(4

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

capital gains u/s 50C and further;\n(iv) That the neither receipt of consideration NOR handing\nover the possession were relevant for the purpose of Section\n50C of the Income Tax Act 1961.\n3. Present proceedings:\nBeing aggrieved for the above orders of the learned lower\nauthorities, the appellant has filed the subject appeal\nchallenging the above orders, urging

NALAPAD PROPERTIES ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOMER TAX, CENTRAL CIRCLE-2(3) , BANGALORE

45.\n7.4 Section 2(47)(v) of the IT Act provides that ‘transfer'in\nrelation to a capital asset, includes any transaction involving the\nallowing of the possession of any immovable property to be taken or\nretained in part performance of a contract of the nature referred to\nin Section 53A of the Transfer of Property Act, 1882 (“ΤΟΡΑ

SHARADA MOHAN SHETTY,KARWAR vs. ITO, WARD-2, KARWAR

In the result, appeal of the assessee is partly allowed

Bench: Or During The Courses Of Appeal Hearing.” 2. The Brief Facts Of The Case Are That The Assessee Filed Return Of Income On 30/09/2015 For The Assessment Year 2015-16 Declaring Page 2 Of 16

4. ACIT, Circle (1)(1), Goa V/s Girish L Ragha,ITAN 0.116/P NJ / 2014- ITAT Panaji Order Dated 8th August 2014Varun Seth, New Delhi V/s ACIT, Circle 47(1), 5. ITA No. 1388/Del/2019ITAT, Delhi "F" Bench Order Dated 14th May 2019 8. The ld. DR relied on the order of the lower authorities and submitted that before

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

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

gain arising\nfrom the transfer of the original asset not charged under section 45 on the basis of\nthe cost of such new asset as provided in clause (a) or, as the case may be, clause (b),\nof sub-section (1) shall be deemed to be income chargeable under the head \"Capital\ngains\" relating to long-term capital assets

HANCHIPURA CHANNAIAH NANDAKISHORE,MAHALKSHMIPURAM vs. INCOME TAX OFFICER WARD INTL, TAXATION 1(2) BANGALORE, BANGALORE

In the result appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyit(It)A No.258/Bang/2025 Assessment Year : 2018-19 Hanchipura Channaiah Nandakishore 87, 2Nd Stage & Phase Mahalakshmipuram 2Nd Stage, 14Th Main, West Of Chord Ito Road Vs. Ward International Taxation 1(2) Mahalakshmipuram Bangalore Bangalore 560 086 Pan No :Blrpn0428A Appellant Respondent Appellant By : Sri Siddesh N Gaddi, A.R. Respondent By : Dr. Divya K.J., D.R. Date Of Hearing : 07.08.2025 Date Of Pronouncement : 04.11.2025

45; and for the purpose of computing in respect of the new asset any capital gain arising from its transfer within a period of three years of its purchase or construction, as the case may be, the cost shall be reduced by the amount of the capital gain: Provided that……….” On reading of the above section would make it explicitly

NAVJYOTI SHARMA,BANGALORE vs. DCIT ASMNT, BANGALORE

In the result appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

45; and for the purpose of computing in respect of the new asset any capital gain arising from its transfer within a period of three years of its purchase or construction, as the case may be, the cost shall be reduced by the amount of the capital gain: Provided that……….” On reading of the above section would make it explicitly

DCIT, CC-2(1), BENGALURU, BENGALURU vs. CHAITANYA PROPERTIES PVT LTD, BENGALURU

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2011-12

section 14A of the Act to the file of the learned CIT(A) for reconsideration. 10. The learned CIT(A), vide order dated 30-03-2024, once again decided the issue of capital gains and business income from the JDA in favor of the assessee, following the Tribunal's decision in the assessee's own case

SHANTHA ALIAS SHANTHAMMA,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(4), BANGALORE

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

45(5A), which\nprovides for capital gain taxation in the year of receiving completion\ncertificate, does not apply to the assessee's case.\n34.15 The assessee's claim is that she has offered the capital gains to\ntax in the relevant assessment years in accordance with the prevailing\nlaw. The assessee filed her return of income under section