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700 results for “capital gains”+ Section 5(2)clear

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Key Topics

Addition to Income72Section 153A67Section 143(3)50Section 13247Disallowance42Section 14841Deduction36Section 6832Section 14726

SREENIVASULU SAGALETI,BENGALURU vs. INCOME TAX OFFICER, WARD-2(2)(2), BENGALURU

In the result, appeal filed by the assessee is allowed

ITA 2493/BANG/2024[2018-19]Status: DisposedITAT Bangalore16 May 2025AY 2018-19

Bench: Shri. Laxmi Prasad Sahuandshri.Keshav Dubeyassessment Year :2018-19

For Appellant: Shri. Sandeep Chalapathy, CAFor Respondent: Shri. Ganesh R Gale, Standing Counsel for Department
Section 139Section 139(1)Section 54FSection 54F(1)Section 54F(4)

5 of 16 The learned CIT(A) has rightly examined the issue and relied on the case law. The decision taken by the learned CIT(A) is correct and it should not be disturbed. 9. Considering the rival submission, I noted that assessee received capital asset and computed capital gain of Rs.28,81,917/- which has been claimed as deduction

Showing 1–20 of 700 · Page 1 of 35

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Section 25019
Section 143(2)18
Natural Justice16

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

ITA 1154/BANG/2023[2018-19]Status: DisposedITAT Bangalore17 Jan 2025AY 2018-19

Bench: SHRI WASEEM AHMED, ACCOUNTANT MEMBER\nAND\nSHRI KESHAV DUBEY, JUDICIAL MEMBER\nITA No.210/Bang/2024\nAssessment Year: 2017-18\nM/s Canara Bank\nFM wing, Head Office,\n112, J.C. Road\nBangalore 560002\nVs.\nDCIT\nCircle-2(1)(1)\nBangalore\nPAN NO : AAACC6106G\nAPPELLANT\nRESPONDENT\nITA No.222/Bang/2024\nAssessment Year: 2017-18\nDCIT\nCircle-2(1)(1)\nBangalore\nVs.\nM/s Canara Bank\nFM wing, Head Office,\n112, J.C. Road\nBangalore 560 002\nAPPELLANT\nRESPONDENT\nITA No.1154/Bang/2023\nAsses

For Appellant: Sri Abarana &Anantham, A.RsFor Respondent: Ms. Neera Malhotra, D.R
Section 115JSection 14ASection 250Section 38(1)

capital gain tax can be levied.\" Concluded at page 12\npara no. 31 as under:-\n\"53. In the result, we hold that sub-section 115JB as stood prior to its\namendment by virtue of Finance Act, 2012, would not be applicable to a\nbanking company. We answer the question No. 2 in favour of the\nassessee and against

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

2,74,00,000/-, and claimed exemption under section 54 amounting to Rs. 1,64,74,870/-. The AO rejected the claim of the assessee for exemption u/s 54 as the assessee has not utilized the capital gains for the purchase or construction of new asset, and also that the assessee has not deposited the capital gains for construction

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

5 of 16 7. However, the learned CIT(A) examined the facts of the case, the intimation issued under section 143(1) of the Act, the rectification order passed under section 154 of the Act, and the submissions of the appellant. The ld. CIT(A) observed that the assessee had earned long term capital gains taxable

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

ITA 955/BANG/2024[2017-18]Status: DisposedITAT Bangalore12 Aug 2024AY 2017-18
Section 131

2], Chennai [(2020) 115 taxmann.com 5\n(SC)] while considering the provision of Section 53 of the\nTP Act in the context of capital 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

ITA 776/BANG/2024[2017-18]Status: DisposedITAT Bangalore12 Aug 2024AY 2017-18
Section 131

2], Chennai [(2020) 115 taxmann.com 5\n(SC)] while considering the provision of Section 53 of the\nTP Act in the context of capital gains

INCOMETAX OFFICER, WARD 1, UDUPI, UDUPI vs. BRAHMAVARA VYAVASAYA SEVA, BRAHMAVARA

In the result, the appeals filed by Revenue are allowed and the COs\nfiled by the assessee are allowed for statistical purposes

ITA 667/BANG/2024[2018-19]Status: DisposedITAT Bangalore16 May 2024AY 2018-19
Section 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

5 of 22\nITA Nos.656, 667, 668/Bang/2024\nC.O. Nos. 10, 11, 12/Bang/2024\nco-operative banks are essentially also a co-operative society. As regards\nthe interest income for Assessment Years 2018-19 and 2020-21, the\nCIT(A) held that the same is assessed as “Income from Other Sources”. In\nholding so, the CIT(A) relied on the judgment

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

ITA 775/BANG/2024[2017-18]Status: DisposedITAT Bangalore12 Aug 2024AY 2017-18
Section 131

2], Chennai [(2020) 115 taxmann.com 5\n(SC)] while considering the provision of Section 53 of the\nTP Act in the context of capital gains

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

ITA 965/BANG/2025[2007-08]Status: DisposedITAT Bangalore28 Nov 2025AY 2007-08

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Sri Siddesh N Gaddi, A.RFor Respondent: Sri Balusamy N, D.R
Section 127Section 132Section 143(1)Section 143(2)Section 143(3)Section 154Section 250

Section 2(31) of the Act define person to include an individual as well as a firm. Therefore, merely because the land was acquired from the firm at the guideline value & the transfer under the JDA is also required to be considered at the same guideline value that does not mean the capital gain accruing as a result

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

ITA 964/BANG/2025[2007-08]Status: DisposedITAT Bangalore28 Nov 2025AY 2007-08

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Sri Siddesh N Gaddi, A.RFor Respondent: Sri Balusamy N, D.R
Section 127Section 132Section 143(1)Section 143(2)Section 143(3)Section 154Section 250

Section 2(31) of the Act define person to include an individual as well as a firm. Therefore, merely because the land was acquired from the firm at the guideline value & the transfer under the JDA is also required to be considered at the same guideline value that does not mean the capital gain accruing as a result

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, HUBBALLI, HUBBALLI vs. SMT. SHEELA PRASANNAKUMAR , CHITRADURGA

In the result, the appeals of the Revenue are dismissed

ITA 1464/BANG/2024[2018-19]Status: DisposedITAT Bangalore20 Dec 2024AY 2018-19
Section 132Section 153BSection 56(2)(x)

2), (3), (4), (5) and (6) of section 16A,\nclause (i) of sub-section (1) and sub-sections (6) and (7) of section\n23A, sub-section (5) of section 24, section 34,4A,, section 35 and\nsection 37 of the Wealth-tax Act. 1957 (27 of 1957). shall, with\nnecessary modifications, apply in relation to such reference as they\napply

INCOME TAX OFFICER, WARD 1, UDUPI, UDUPI vs. BRAHMAVARA VYAVASAYA SEVA, BRAHMAVARA

In the result, the appeals filed by Revenue are allowed and the COs\nfiled by the assessee are allowed for statistical purposes

ITA 668/BANG/2024[2020-21]Status: DisposedITAT Bangalore16 May 2024AY 2020-21
For Appellant: Ms. Akshaya K. S, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru
Section 250Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

5 of 22\nITA Nos.656, 667, 668/Bang/2024\nC.O. Nos. 10, 11, 12/Bang/2024\nco-operative banks are essentially also a co-operative society. As regards\nthe interest income for Assessment Years 2018-19 and 2020-21, the\nCIT(A) held that the same is assessed as \"Income from Other Sources\". In\nholding so, the CIT(A) relied on the judgment

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

ITA 1297/BANG/2024[2017-18]Status: DisposedITAT Bangalore16 Aug 2024AY 2017-18
Section 139(9)Section 143(2)Section 153CSection 250Section 45

5 sq. ft of fully developed commercial\narea. This was taken into possession by the appellant during the\nrelevant financial year. Therefore, in the balance sheet of the\nappellant the land held as stock in trade has to be reduced from 4\nacres to 2 acres as 2 acres have been transferred to the builder/\ndeveloper. The book value

VAIDYA SRIKANTAPPA SADASHIVAIAH SRIKANTH,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BANGALORE- 1, , BANGALORE

ITA 200/BANG/2024[2018-19]Status: DisposedITAT Bangalore01 Aug 2024AY 2018-19
Section 143Section 143(3)Section 263Section 45(5)Section 54

sections": [ "Sec 263 of the Income Tax Act, 1961", "Sec 143(3) of the Income Tax Act, 1961", "Sec 144B of the Income Tax Act, 1961", "Sec 54 of the Income Tax Act, 1961", "Sec 45(5) of the Income Tax Act, 1961", "Sec 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement

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

In the result appeal of the assessee is allowed

ITA 2195/BANG/2025[2021-22]Status: DisposedITAT Bangalore24 Feb 2026AY 2021-22
Section 115BSection 143(1)Section 154Section 250Section 80G

5,00,461)\nD. Interest Income\nRs. 1,16,275/-\nTotal (A+B+C+D)\nRs. 68,81,000/-\n4.2 Further, the assessee against the taxable income at normal slab\nrate of Rs. 68,81,000/- claimed deduction under section 80G of the Act\nfor Rs. 68,81,000/- only. Hence, the assessee declared total income

INCOME-TAX OFFICER, WARD-7(2)(1), BENGALURU, BENGALURU vs. M/S. BANGALORE CREDIT CO-OPERATIVE SOCIETY LIMITED, BENGALURU

In the result both the appeals of the Revenue as well as\nCos of the Assessee for the Asst

ITA 2347/BANG/2024[2018-19]Status: DisposedITAT Bangalore30 Jun 2025AY 2018-19
Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

capital, if not immediately required to be lent to the members, they\ncannot keep the said amount idle. If they deposit this amount in bank so as to earn\ninterest, the said interest income is attributable to the profits and gains of the\nbusiness of providing credit facilities to its members only. The society is not\ncarrying on any separate

M/S PARAMANAND AND SONS,BENGALURU vs. INCOME TAX OFFICER, WARD 5(2)(1), BENGALURU

In the result, the appeal of the assessee is allowed

ITA 2055/BANG/2024[2020-21]Status: DisposedITAT Bangalore28 Jan 2025AY 2020-21

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Years : 2020-21

For Appellant: Shri Ashok A Kulkarni, AdvocateFor Respondent: Shri Ganesh R Gale, Standing Counsel for Dept
Section 143(1)Section 154Section 71(2)

5 of 8 forward short-term capital loss of Rs. 4,86,524/- and claiming deduction u/s 80 at Rs. 3,94,378/- returned the taxable income at 'nil' with carry forward business loss of Rs. 2,91,52,776/-. However, the lower authorities have adjusted the current year capital gains against the current year business loss and accordingly computed

IBM GLOBAL SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE

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

ITA 3464/BANG/2004[2000-2001]Status: DisposedITAT Bangalore31 Jul 2024AY 2000-2001

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2000-2001

For Appellant: Shri Sharath Rao, CAFor Respondent: Shri D.K. Mishra, CIT-DR
Section 10ASection 10A(2)Section 10A(2)(ia)Section 142(1)Section 143(2)Section 143(3)

5) to any relates to any of the relevant assessment other provision of this Act which has been years; amended or omitted by the Direct Tax Laws (iii) no deduction shall be allowed under (Amendment) Act, 1987 shall, section 80HH or section 80HHA or section 80-I notwithstanding such amendment or or section 80-IA or 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

ITA 692/BANG/2024[2017-18]Status: DisposedITAT Bangalore15 Oct 2024AY 2017-18

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

For Appellant: Sri V. Srinivasan, A.RFor Respondent: Sri Vilas V. Shinde, D.R
Section 132Section 132ASection 143(2)Section 143(3)Section 153ASection 234BSection 47

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) of the Act is not sustainable

SHRI. BANGALORE NARAYAN DAS,BENGALURU vs. INCOME-TAX OFFICER, (INTERNATIONAL TAXATION-1(1), BENGALURU

In the result the appeal filed by the assessee for assessment year 2014-15 & 2017-18 stands allowed

ITA 121/BANG/2022[2017-18]Status: DisposedITAT Bangalore17 Mar 2023AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos. 120 & 121/Bang/2022 (Assessment Years: 2014-15 & 2017-18)

For Appellant: Shri Ravishankar. S.V, Advocate and Sri Joseph VargheseFor Respondent: Sri Gudimella V.P.Pavan Kumar
Section 115BSection 144Section 147Section 153Section 234ASection 250Section 69

5. The learned Commissioner of Income-tax (Appeals) failed to appreciate that the provisions of section 69 of the Act is not applicable and consequently invoking the provision of section 115BBE of the Act is invalid in law on the facts and circumstances of the case. 6. The learned Commissioner of Income-tax (Appeals) failed to adjudicate all the grounds