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9 results for “capital gains”+ Section 47A(3)clear

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Key Topics

Section 4716Section 115J15Section 14A9Section 458Section 143(3)7Section 36(1)(vii)7Addition to Income7Section 46A6Deduction6

M/S ACCIONA WIND ENERGY PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATION TAXATION) CIRCLE-1(1), BANGALORE

In the result, the appeal of the assessee in ITA No

ITA 1784/BANG/2018[2014-15]Status: DisposedITAT Bangalore20 Dec 2019AY 2014-15

Bench: Shri A. K. Garodia & Smt. Beena Pillai

For Appellant: Shri. Ajay Roti, CAFor Respondent: Shri. Guruprasad, Addl. CIT DR
Section 2Section 2(24)Section 201Section 201(1)Section 45Section 46ASection 47Section 47A

3. The learned CIT(A) ought to have appreciated that the definition of income under section 2(24) of the Act includes gains chargeable under section 45 of the Act and therefore erred in law to conclude that gains arising on buy-back of shares is taxable under section 46A of the Act and not under section

Disallowance6
Section 37(1)5
Penalty5

M/S ACCIONA WIND ENERGY PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATION TAXATION) CIRCLE-1(1), BANGALORE

In the result, the appeal of the assessee in ITA No

ITA 1783/BANG/2018[2014-15]Status: DisposedITAT Bangalore20 Dec 2019AY 2014-15

Bench: Shri A. K. Garodia & Smt. Beena Pillai

For Appellant: Shri. Ajay Roti, CAFor Respondent: Shri. Guruprasad, Addl. CIT DR
Section 2Section 2(24)Section 201Section 201(1)Section 45Section 46ASection 47Section 47A

3. The learned CIT(A) ought to have appreciated that the definition of income under section 2(24) of the Act includes gains chargeable under section 45 of the Act and therefore erred in law to conclude that gains arising on buy-back of shares is taxable under section 46A of the Act and not under section

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

In the result, appeal of the revenue in ITA No

ITA 297/BANG/2024[2018-19]Status: DisposedITAT Bangalore17 Jan 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessmentyear: 2017-18

For Appellant: Sri Abharana &Anantham, A.RsFor Respondent: Ms. Neera Malhotra, D.R
Section 115JSection 143(3)Section 14ASection 234BSection 250

capital gain tax can be levied. " 53. Concluded at page 12 para 21 as under: "27. In the result, we hold that sub-section 115JB as it stood prior to its amendment by virtue of Finance Act, 2012, would not be applicable to a banking company. We answer the question No. 2 in favour of the assessee and against

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

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

ITA 1102/BANG/2024[2014-15]Status: DisposedITAT Bangalore16 Oct 2024AY 2014-15

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessmentyear:2014-15

For Appellant: Shri S. Ananthan, A.R. &For Respondent: Sri Subramanian S., D.R
Section 115JSection 142(1)Section 211Section 211(2)Section 37Section 37(1)Section 5

3)………. [(4) If any other provision of this Act is contravened or if any default is made in— (i) complying with any requirement of this Act or of any order, rules or direction made or condition imposed thereunder; or (ii) ……….. by any person, such person shall be punishable with fine which may extend to 2 [fifty thousand rupees or twice

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

In the result, appeals filed by assessee and revenue stands partly allowed for statistical purposes

ITA 663/BANG/2023[2019-20]Status: DisposedITAT Bangalore22 Dec 2023AY 2019-20

Bench: Chandra Poojari & Smt. Beena Pillai

For Respondent: Ms. Neera Malhotra, CIT-DR
Section 115JSection 143(3)Section 14ASection 51

capital gain tax can be levied. " 53. Concluded at page 12 para 21 as under: ITA Nos. 391, 392 & 663/Bang/2023 Page 13 of 31 "27. In the result, we hold that sub-section 115JB as it stood prior to its amendment by virtue of Finance Act, 2012, would not be applicable to a banking company. We answer the question

M/S. CANARA BANK (ERSTWHILE SYNDICATE BANK),BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

In the result, appeals filed by assessee and revenue stands partly allowed for statistical purposes

ITA 392/BANG/2023[2019-20]Status: DisposedITAT Bangalore22 Dec 2023AY 2019-20

Bench: Chandra Poojari & Smt. Beena Pillai

For Respondent: Ms. Neera Malhotra, CIT-DR
Section 115JSection 143(3)Section 14ASection 51

capital gain tax can be levied. " 53. Concluded at page 12 para 21 as under: ITA Nos. 391, 392 & 663/Bang/2023 Page 13 of 31 "27. In the result, we hold that sub-section 115JB as it stood prior to its amendment by virtue of Finance Act, 2012, would not be applicable to a banking company. We answer the question

M/S. CANARA BANK (ERSTWHILE SYNDICATE BANK),BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

In the result, appeals filed by assessee and revenue stands partly allowed for statistical purposes

ITA 391/BANG/2023[2019-20]Status: DisposedITAT Bangalore22 Dec 2023AY 2019-20

Bench: Chandra Poojari & Smt. Beena Pillai

For Respondent: Ms. Neera Malhotra, CIT-DR
Section 115JSection 143(3)Section 14ASection 51

capital gain tax can be levied. " 53. Concluded at page 12 para 21 as under: ITA Nos. 391, 392 & 663/Bang/2023 Page 13 of 31 "27. In the result, we hold that sub-section 115JB as it stood prior to its amendment by virtue of Finance Act, 2012, would not be applicable to a banking company. We answer the question

M/S. CORPORATION BANK,MANGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 2(1), MANGALURU

ITA 1109/BANG/2019[2015-16]Status: DisposedITAT Bangalore15 Mar 2022AY 2015-16

Bench: Shri George George K & Ms. Padmavathy S & Ita No.1680/Bang/2018 Assessment Year : 2015-16 & 2014-15

For Appellant: Shri Ananthan, C.A &For Respondent: Shri Pradeep Kumar, CIT(DR)
Section 115JSection 143(3)Section 36(1)(vii)Section 36(1)(viia)

47A of the Banking Regulation Act, 1949 and Rs. 94,200/- for non-compliance of guidelines on customer service, guidelines in respect of exchange of coins and small de-nomination notes and mutilated notes. The ratio laid down in the decisions mentioned at para 12 is squarely applicable to the instant case instead of the decision in ANZ Grindlays Bank

CANARA BANK,BENGALURU vs. DEPUTY COMMISSIONER, BENGALURU

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

ITA 499/BANG/2025[2016-17]Status: DisposedITAT Bangalore25 Aug 2025AY 2016-17

Bench: Shri Prashant Maharishi, Vice – & Shri Prakash Chand Yadav

For Appellant: Shri S. Ananthan, CAFor Respondent: Shri Shivanand Kalakeri
Section 143(3)Section 14ASection 36Section 36(1)(vii)Section 36(1)(viii)Section 37Section 37(1)Section 90

gain on Revaluation of Forward Contract 152,96,75,137.00 3 Disallowance of Expenditure towards CSR 22,47,91,880.00 4 Disallowance of Trust Expenses 6,50,00,000.00 5 Excess Claim of Depreciation on ATM, Note Counting Machine & Weighing Machine 13,26,22,004.00 6 Penalty under Explanation to Section 37(1) 10,00,000.00 7 Disallowance