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14 results for “capital gains”+ Section 50B(1)clear

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Mumbai98Delhi32Chennai23Raipur18Kolkata16Bangalore14Hyderabad6Amritsar5Ahmedabad5Cochin4Karnataka4Telangana3Pune3Nagpur2SC2Indore2Visakhapatnam1Calcutta1Surat1A.K. SIKRI N.V. RAMANA1

Key Topics

Section 35A15Section 50B15Section 4714Capital Gains9Disallowance8Section 143(1)(a)6Deduction6Addition to Income5Section 43B4

M/S. MEDI ASSIST INSURANCE TPA PVT LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-12(1), BANGALORE

In the result, the appeal filed by assessee stands dismissed

ITA 1933/BANG/2018[2011-12]Status: DisposedITAT Bangalore15 Feb 2022AY 2011-12

Bench: Shri B R Baskaran & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Medi Assist Insurance Tpa Pvt. Ltd., The Dy. Commissioner Of Tower ‘D’, 4Th Floor, Ibc Income-Tax, Knowledge Park, 4/1 Bannerghatta Vs. Circle - 4(1)(2), Main Road, Bengaluru. Bengaluru-560 029. Pan –Aaccm 8044 P Appellant Respondent Assessee By : Shri Sudhir Prabhu, C.A Revenue By : Shri Sumeer Singh Meena, Cit(Dr) Date Of Hearing : 10.01.2022 Date Of Pronouncement : 15.02.2022 O R D E R Per Beena Pillaithis Appeal By The Assessee Is Directed Against The Order Of The Cit(A)- 4, Bangalore Dated 22/3/2018 For The Asst. Year 2011-12 For Computing The Short Term Capital Gain At Rs.7,80,38,353/-. 2. The Assessee Raised The Following Grounds Before Us “(I) On The Facts & Circumstances Of The Case & In Law The Learned Dcit & Cit(A) Erred In Computing The Short Term Capital Gain At Rs.7,80,38,353/- By Adding The Negative Net-Worth Instead Of Restricting The Same To Nil As Deeded Cost, Since Cost Cannot Be A Negative Value Page 2 Of 19

For Appellant: Shri Sudhir Prabhu, C.AFor Respondent: Shri Sumeer Singh Meena, CIT(DR)
Section 142(1)Section 50B

section 50B which runs as under:- “50B. Special provision for computation of capital gains in case of slump sale.--(1

Section 139(1)4
Section 92C4
Section 24

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(1), MYSURU vs. M/S. BHORUKA ALUMINIUM LIMITED, MYSURU

In the result, appeal of the Revenue is allowed

ITA 2551/BANG/2019[2014-15]Status: DisposedITAT Bangalore16 Aug 2022AY 2014-15

Bench: Shri N. V. Vasudevan & Shri Laxmi Prasad Sahuassessment Year : 2014-15 Acit, Vs. M/S. Bhoruka Aluminium Ltd., No.427E, 2Nd Floor, Hebbal Industrial Circle – 1(1), Mysuru. Area, Metagalli, Mysuru – 570 016. Pan : Aaacb 8073 D Appellant Respondent Assessee By : Shri. S. Ramasubramanian, Ca Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 08.08.2022 Date Of Pronouncement : 16.08.2022 O R D E R Per N. V. Vasudevan:

For Appellant: Shri. S. Ramasubramanian, CAFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 2Section 288Section 35ASection 43Section 43(6)(c)Section 48Section 49Section 50B

Section 50B of the Act, provides the mechanism for computation of capital gains arising on slump sale and is as follows: Special provision for computation of capital gains in case of slump sale. 50B. (1

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

capital gain also. Thus, slump sale was held to be not chargeable to tax prior to insertion of Section 50B. In the present case, we are concerned with AY 97-98 prior to insertion of Sec.50-B of the Act. 7. The claim of the Assessee regarding non-taxability of consideration received on sale of transportation business /undertaking as well

M/S MHM HOLDINGS PVT LTD ,BANGALORE vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-12 , BANGALORE

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

ITA 372/BANG/2018[2010-11]Status: DisposedITAT Bangalore25 Nov 2022AY 2010-11

Bench: Smt. Beena Pillai & Ms. Padmavathy S.M/S. Mhm Holding Pvt. Ltd. Vs Acit, Range - 12 Bengaluru No. 52, Bassappa Road Shantinagar Bengaluru 560027 Pan – Aabcm6614L (Appellant) (Respondent) Assessee By: Shri Parthasarathi, Adv. Revenue By: Shri K.R. Narayana, Addl Cit-Dr Date Of Hearing: 23/11/2022 Date Of Pronouncement: 25/11/2022 O R D E R Per: Padmavathy, A.M.

For Appellant: Shri Parthasarathi, AdvFor Respondent: Shri K.R. Narayana, Addl CIT-DR
Section 143(2)Section 14ASection 40Section 50B

section 50B of the Act which contain the special provision for computation of capital gains in case of slump sale. The provisions read as under: - 50B. (1

TYCO FIRE AND SECURITY INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

ITA 270/BANG/2021[2016-17]Status: DisposedITAT Bangalore28 Nov 2022AY 2016-17

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.270/Bang/2021 Assessment Year : 2016-17 Acit, M/S. Tyco Fire & Security India Private Limited, Vs. D-601, Rmz Centennial, Circle - 7(1)(1), Kundalahalli Main Road, Bengaluru. Bengaluru – 560 048. Pan : Aabct 0087 C Appellant Respondent Assessee By : Shri. Rajan Vora, Ca Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 27/11.09.2022 Date Of Pronouncement : 28.11.2022 O R D E R Per N V Vasudevan

For Appellant: Shri. Rajan Vora, CAFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92Section 92(1)Section 92B(1)

Capital gains arising on slump sale are calculated as the difference between sale consideration and the net worth of the undertaking. Net worth is defined in Explanation 1 to section 50B

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE vs. M/S. LIFESTYLE INTERNATIONAL PRIVATE LIMITED, BANGALORE

In the result, the assessee’s appeal stands allowed and revenue’s appeal stands dismissed

ITA 93/BANG/2020[2013-14]Status: DisposedITAT Bangalore18 Nov 2022AY 2013-14

Bench: Smt Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2013-14 M/S. Lifestyle International Pvt. Ltd., 77, Town Centre, The Deputy Building No. 3, Commissioner Of West Wing, Income Tax, Off Hal Airport Road, Circle – 4(1)(1), Yamlur, Vs. Bengaluru. Bengaluru – 560 037. Pan: Aaacl2937J Appellant Respondent & Assessment Year : 2013-14 (By Revenue)

Section 2Section 37Section 43(6)(c)Section 50B

Capital gains offered to tax in 4,49,31,206 the Return of income filed by the Assessee Page 11 of 31 ITA Nos. 50 & 93/Bang/2020 4.3 The Ld.AR submitted that, the difference between the book value of the division and the net-worth of the division as per section 50B is due to the computation of the written down

M/S TALLY SOLUTIONS PVT. LTD.,,BANGALORE vs. ACIT, BANGALORE

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

ITA 1364/BANG/2011[2007-08]Status: DisposedITAT Bangalore19 Aug 2016AY 2007-08

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

For Appellant: Shri Arvind Sonde, Senior CounselFor Respondent: Smt. Neera Malhotra, CIT-II (D.R)
Section 143(3)Section 928Section 92C

gain or loss on the transfer of said business. It was also agreed upon between the parties that TIPL to recognize eventual loss if any arising out of non-realisation of sundry debtors. The same would be transferred to the assessee as part of deal. On realization of the facts that TIPL would not be able to recover the sundry

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BENGALURU, BENGALURU vs. DECCAN CHARTERS PVT LTD, BANGALORE

In the result, the appeal filed by the revenue stands partly allowed for statistical purposes

ITA 1179/BANG/2024[2019-20]Status: DisposedITAT Bangalore07 Aug 2024AY 2019-20

Bench: Smt. Beena Pillai & Shri Waseem Ahmedassessment Year : 2019-20 M/S. Deccan Charters Pvt. Ltd., The Deputy Jakkur Aerodrome, Commissioner Of Bellary Road, Income Tax, Jakkur B.O., Circle – 2(1)(1), Bangalore North, Bangalore. Vs. Bangalore – 560 064. Pan: Aaccd9105G Appellant Respondent

For Appellant: Smt. Sunaina Bhatia, CAFor Respondent: Shri D.K. Mishra, CIT-DR
Section 143(1)Section 143(1)(a)Section 50Section 50B

1. The Addl. CIT/JCIT(A) erred in holding that if the net worth of the undertaking is negative, the same should be considered as zero and should be disregarded for the Page 2 of 5 purposes of computing capital gains under Section 50B

M/S MANGALORE CHEMICALS AND FERTILIZERS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

In the result, both the appeals of the Assessee are dismissed

ITA 2921/BANG/2018[2014-15]Status: DisposedITAT Bangalore28 Jun 2022AY 2014-15

Bench: Shri N.V. Vasudevan, Vice Preseident & Ms. Padmavathy S

For Appellant: Shri V. Sridharan, Sr. AdvocateFor Respondent: Shri Sri. V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 35A

50B, the aggregate value of total assets for computing the net worth in the case of capital assets in respect of which the whole of the expenditure has been allowed or is allowable as a deduction under section 35AD shall be treated as nil. 16.6 A new section 73A has also been inserted to give effect to the consequential provisions

M/S MANGALORE CHEMICALS AND FERTILIZERS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

In the result, both the appeals of the Assessee are dismissed

ITA 2922/BANG/2018[2013-14]Status: DisposedITAT Bangalore28 Jun 2022AY 2013-14

Bench: Shri N.V. Vasudevan, Vice Preseident & Ms. Padmavathy S

For Appellant: Shri V. Sridharan, Sr. AdvocateFor Respondent: Shri Sri. V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 35A

50B, the aggregate value of total assets for computing the net worth in the case of capital assets in respect of which the whole of the expenditure has been allowed or is allowable as a deduction under section 35AD shall be treated as nil. 16.6 A new section 73A has also been inserted to give effect to the consequential provisions

ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE vs. M/S.PADMINI PRODUCTS PVT LTD.,, BANGALORE

In the result, the appeals filed by the assessee for all the assessment years are dismissed

ITA 1530/BANG/2016[2013-14]Status: DisposedITAT Bangalore28 Apr 2017AY 2013-14

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaramanassessment Year : 2013-14

For Appellant: Shri M.K. Biju, Jt. CIT(DR)(ITAT-3)For Respondent: Shri M. Gandhi, CA
Section 139(1)Section 36(1)(VA)Section 36(1)(va)Section 43BSection 47

50B of the Act, dealing with Computation of capital gains in a slump sale. 8. Without prejudice to the above, the lower authorities have failed to appreciate that the revaluation of the assets of the firm has to be necessarily carried out and the partners' accounts have to be necessarily credited in respect of such revaluation when the business

M/S.PADMINI PRODUCTS PVT. LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the result, the appeals filed by the assessee for all the assessment years are dismissed

ITA 1531/BANG/2016[2013-14]Status: DisposedITAT Bangalore28 Apr 2017AY 2013-14

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaramanassessment Year : 2013-14

For Appellant: Shri M.K. Biju, Jt. CIT(DR)(ITAT-3)For Respondent: Shri M. Gandhi, CA
Section 139(1)Section 36(1)(VA)Section 36(1)(va)Section 43BSection 47

50B of the Act, dealing with Computation of capital gains in a slump sale. 8. Without prejudice to the above, the lower authorities have failed to appreciate that the revaluation of the assets of the firm has to be necessarily carried out and the partners' accounts have to be necessarily credited in respect of such revaluation when the business

M/S PADMINI PRODUCTS PVT LTD ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-5(1)(2), BANGALORE

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

ITA 2255/BANG/2018[2015-16]Status: DisposedITAT Bangalore29 Nov 2018AY 2015-16

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumarassessment Year : 2015-16

For Appellant: Shri M. Gandhi, CAFor Respondent: Shri R.N. Siddappaji, Addl. CIT (DR)
Section 2Section 43(1)Section 47Section 50B

50B of the Act, dealing with Computation of capital gains in a slump sale. 8. Without prejudice to the above, the lower authorities have failed to appreciate that the revaluation of the assets of the firm has to be necessarily carried out and the partners' accounts have to be necessarily credited in respect of such revaluation when the business

M/S TE CONNECTIVITY INDIA PVT LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, LTU,CIRCLE-1, , BENGALURU

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

ITA 2680/BANG/2017[2013-14]Status: DisposedITAT Bangalore18 Jul 2022AY 2013-14

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy S

For Appellant: Shri Sumeet Khurana, CAFor Respondent: Shri V.S. Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 143(2)Section 143(3)Section 40Section 92

section 50B of the Act.” 65. The assessee has entered into business transfer agreement for sale of tooling parts business as a going concern for a consideration of Rs.10,64,80,000 and claimed capital loss of Rs.1,67,30,000. The AO called for details regarding calculation of capital loss. From the details furnished by the assessee