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13 results for “capital gains”+ Section 55(2)(ac)clear

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Key Topics

Section 153C11Section 153A9Section 2638Section 143(3)5Addition to Income5Section 92C4Section 2504Section 55(2)(aa)4Long Term Capital Gains

M/S. ZASH TRADERS,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-4(1)(1), BENGALURU

ITA 747/BANG/2023[2020-21]Status: DisposedITAT Bangalore29 Apr 2024AY 2020-21
Section 250Section 55Section 55(2)(aa)Section 55(2)(ac)Section 55(2)(b)

capital gains\", more so, when the\nsame is pursuant to an incorrect reading of express legal provisions.\n5. That the impugned Order is erroneous in as much as it has failed to read\nthat the provisions of Section 55(2)(aa) with all its sub-clauses have been\nmade subject to the provisions of Section 55(2

PIONEER INDEPENDENT TRUST ,BANGALORE vs. PR. COMMISSIONER OF INCOME TAX, BENGALURU-2, BENGALURU

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

4
Reopening of Assessment4
Section 143(1)3
Deduction3
ITA 1143/BANG/2025[2020-21]Status: Disposed
ITAT Bangalore
02 Mar 2026
AY 2020-21

Bench: Shri Prashant Maharishi, Vice – & Shri Soundararajan K.Assessment Year : 2020-21

For Appellant: Shri Sandeep Huilgol, AdvocateFor Respondent: Shri Muthu Shankar, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 263Section 263(1)Section 55(2)(ac)

capital gain on transfer of units of equity-oriented funds is as per Section 55(2)(ac) of the Act and, therefore

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)

55-A of the Act as a matter of course, without\nconsidering the report of approved valuer submitted by the assessee.\"\n5.8 The Hon'ble High Court further held that Section 50-C of the\nAct is a rule of evidence in assessing the valuation of property for\ncalculating the capital gain. The deeming provision under Section

MR. VIKRAM DHONDU RAO,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-4(1)(1), BANGALORE

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

ITA 293/BANG/2023[2020-21]Status: DisposedITAT Bangalore26 Jun 2023AY 2020-21

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2020-21

For Appellant: Shri Sandeep Chalapathy, A.RFor Respondent: Smt. Priyadarshini Besaganni, D.R
Section 112ASection 143(1)Section 143(1)(a)Section 250

gains of Rs. 8,18,960/- with short term capital loss of Rs. 1,61,821/-. However, the taxable long term capital loss is Rs. 1,10,646/- which is computed as per the provisions of Section 112A r.w.s. 55(2)(ac

MRS. JEANETTE DSOUZA LEGAL REPRESENTATIVE OF LATE SHRI. VINOD DSOUZA),MANGALORE vs. INCOME TAX OFFICER, WARD-1(1), MANGALORE

In the result, with above direction to the learned assessing officer, the ground No

ITA 2348/BANG/2025[2016-17]Status: DisposedITAT Bangalore10 Feb 2026AY 2016-17

Bench: Shri Prashant Maharishi, Vice – & Shri Keshav Dubeyassessment Year : 2016-17 Mrs. Jeanette Dsouza, Lr Of Late Shri Vinod Dsouza, Flat No. San F 10, The Income Tax Officer, Holy Family Apartments, Ward – 1(1), Vs. Lalbagh, Mangalore, Mangalore. Karnataka – 575 003. Pan: Adhpd4076H Appellant Respondent

For Appellant: Shri Prasanna Shenoy, CA
Section 139Section 142Section 144Section 144BSection 147Section 148Section 148ASection 149Section 159Section 55

capital gain and further denied the indexation benefit under section 55 (2) (ac) though the property was acquired in 1994 and held

M/S. UNITED BREWERIES LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE-7, BANGALORE

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

ITA 2532/BANG/2019[2015-16]Status: DisposedITAT Bangalore19 May 2023AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Ankur Pai for Shri K.R. VasudevanFor Respondent: Shri Sankar Ganesh K., D.R
Section 143(3)Section 144C(13)Section 14ASection 37Section 92C

Section 37 of the Income-tax Act would be relevant. The said provision reads as follows: "SECTION 37 GENERAL: (1) Any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes

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

ITA 45/BANG/2020[2007-08]Status: DisposedITAT Bangalore31 Jan 2025AY 2007-08
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

BINDUMALYAM PANDURANGA ALLANHARINARAYAN ,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BENGALURU

In the result, appeal filed by the assessee is partly\nallowed

ITA 107/BANG/2025[2018-19]Status: DisposedITAT Bangalore30 May 2025AY 2018-19
Section 143(1)Section 143(2)Section 250Section 44A

55,388/- (6%\nof gross maintenance charges of Rs.59,23,126/-) as per the\nprovisions of section 44AD of the Act. However, the AO observed\nthat the agreement with the SBI is a composite agreement. The\nassessee is not into the business of renting out properties and as\nsuch, the income from maintenance charges received has direct\nnexus with

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

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, MANGALURU vs. SRI. SURESH S KANAJI, BENGALURU

In the result, appeal of the revenue is hereby dismissed

ITA 483/BANG/2023[2018-19]Status: DisposedITAT Bangalore18 Dec 2024AY 2018-19
Section 143(1)Section 153CSection 195

AC in the return of income filed\nwithout any reasoning?\n(ii)\nWhether on the facts and circumstances of the case and in\nLaw, the CIT(A) was correct in accepting the contention of assessee\nthat he had declared income @6.05% of the receipts in Form 26AS and\nthe same was in addition to income of Rs. 1 crore declared

M/S. CORPORATE LEISURE & PROPERTY DEVELOPMENT PVT. LTD.,BENGALURU vs. DCIT, CENTRAL CIRCLE-2(1)(1), BENGALURU

In the result, the appeal fails and is hereby dismissed

ITA 1053/BANG/2022[2013-14]Status: DisposedITAT Bangalore27 Feb 2023AY 2013-14

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Prashanth G.S., A.RFor Respondent: Shri Sankarganesh K., D.R

55,530/-before set off of brought forward losses under the facts and circumstances of the case. M/s. Corporate Leisure & Property Development Pvt. Ltd., Bangalore Page 2 of 32 2. a. The learned CIT(A) erred in confirming the addition made by the assessing officer of Rs.3,82,49,464/- by changing the accounting policy regularly followed by the appellant

M/S. TATA POWER SOLAR SYSTEMS LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 7(1)(1), BANGALORE

In the result, the appeal of the assessee stands allowed

ITA 2396/BANG/2019[2004-05]Status: DisposedITAT Bangalore17 May 2023AY 2004-05

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2004-05 M/S. Tata Power Solar Systems Limited, Acit, No.78, Hosur Road, Circle – 7(1)(1), Electronic City, Vs. Bengaluru. Bengaluru – 560 100. Pan : Aaact 4660 J Appellant Respondent Assessee By : Shri. Vikram Udupa, Advocate Revenue By : Shri. Sunil Kumar Singh, Cit-2(Dr)(Itat), Bengaluru Date Of Hearing : 08.05.2023 Date Of Pronouncement : 17.05.2023

For Appellant: Shri. Vikram Udupa, AdvocateFor Respondent: Shri. Sunil Kumar Singh, CIT-2(DR)(ITAT), Bengaluru
Section 143(3)Section 250Section 40Section 92C

AC (2023) 147 taxmann.com 558. Alternatively, it was contended that since the payment towards technical know-how is capitalized in its books, the difference between transacted value and ALP cannot be added since there is no effect to the total income. To support this contention, reliance was placed on the decision in Ciena India