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9 results for “capital gains”+ Section 56(2)(viib)clear

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Key Topics

Section 26310Section 92C9Section 143(3)7Addition to Income6Disallowance5Section 14A4Section 56(2)(viib)4Transfer Pricing3Section 143(2)2Section 92A(2)

RAAJRATNA ENERGY HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BANGALORE

ITA 1185/BANG/2025[2018-19]Status: DisposedITAT Bangalore11 Aug 2025AY 2018-19
For Appellant: Shri. Ramesh Babu, CAFor Respondent: Shri. Swaroop Manava, Addl. CIT(DR)(ITAT), Bangalore
Section 14ASection 56(2)Section 56(2)(viib)

section 56(2)(viib) of the\nAct for the Assessment Year 2017-18. Further for the Assessment Year 2018-\n19, AO has disallowed short term capital loss of Rs.5,10,000/- as per his Order\nat para No.5 on sale of investment in Venu Hydro Powers Ltd., and observed\nthat the assessee has claimed excess long term capital loss

RAAJRATNA ENERGY HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

Accordingly, this\nground is allowed for statistical purposes

2
Section 682
Capital Gains2
ITA 1184/BANG/2025[2017-18]Status: DisposedITAT Bangalore11 Aug 2025AY 2017-18
Section 14ASection 56(2)Section 56(2)(viib)

section 56(2)(viib) of the\nAct for the Assessment Year 2017-18. Further for the Assessment Year 2018-\n19, AO has disallowed short term capital loss of Rs.5,10,000/- as per his Order\nat para No.5 on sale of investment in Venu Hydro Powers Ltd., and observed\nthat the assessee has claimed excess long term capital loss

M/S STAR METALLICS & POWER PVT LTD ,HOSPET vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

In the result, the appeal of the assessee is dismissed

ITA 2181/BANG/2017[2013-14]Status: DisposedITAT Bangalore29 Nov 2021AY 2013-14

Bench: Shri Chandra Poojariandshri George George Kassessment Year : 2013-14

For Appellant: Smt. Prathibha, AdvocateFor Respondent: Smt. Priyadarshini Besaganni, JCIT (DR)

capital gains chargeable under section 45; (vii) the profits and gains of any business of insurance carried on by a mutual insurance company or by a co-operative society, computed in accordance with section 44 or any surplus taken to be such profits and gains by virtue of provisions contained in the First Schedule; [(viia) the profits and gains

M/S SCANIA COMMERCIAL VEHICLES INDIA PVT LTFD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(1)(1), BANGALORE

The Appeal of the Assessee is allowed

ITA 261/BANG/2022[2017-18]Status: DisposedITAT Bangalore16 Dec 2025AY 2017-18

Bench: Shri Prashant Maharishi, Vice – & Shri Keshav Dubey

For Appellant: Shri Narendra Kumar Jain, Advocate
Section 143(3)Section 68Section 92C

capital expenditure and further the assets were purchased from the sources of funds available in the books of accounts of the company. The disallowance of depreciation is made by the Ld. Assessing Officer merely on suspicion. 7. The Ld. DR supported the order of the Ld. Assessing Officer. 8. We have considered the rival contentions and perused the orders

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

56(2) (viib) of the Act. Thus such capital account transaction not falling within a statutory exception cannot be brought to tax as already discussed herein above while considering the challenge to the grounds as mentioned in the impugned order. 39. In tax jurisprudence, it is well settled that following four factors are essential ingredients to a taxing statute

M/S PALMER INVESTMENT GROUP LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE-2(1), BANGALORE

In the result, the appeals filed by the assessees are partly allowed

ITA 2929/BANG/2018[2014-15]Status: DisposedITAT Bangalore24 Feb 2023AY 2014-15

Bench: Shri George George K. & Ms. Padmavathy S.

For Appellant: Smt. Manasa Ananthan, AdvocateFor Respondent: Ms. Neera Malthora, CIT-DR
Section 143(2)Section 143(3)Section 92A(2)Section 92C

section 56(2)(viib) read with rule 11UA, this Tribunal in Flutura Business Solutions (P) Ltd v ITO (2020) 117 taxmann.com 567 (Bang-Trib) and other similar cases, has held that the valuation under DCF method can be based only on estimated future projections and actual figures available subsequently cannot be replaced. Applying the same, the estimated cash flows considered

M/S UB SPORTS MANAGEMENT OVERSEAS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX(INTERNATIONAL TAXATION) CIRCLE-1(2), BANGALORE

In the result, the appeals filed by the assessees are partly allowed

ITA 2930/BANG/2018[2014-15]Status: DisposedITAT Bangalore24 Feb 2023AY 2014-15

Bench: Shri George George K. & Ms. Padmavathy S.

For Appellant: Smt. Manasa Ananthan, AdvocateFor Respondent: Ms. Neera Malthora, CIT-DR
Section 143(2)Section 143(3)Section 92A(2)Section 92C

section 56(2)(viib) read with rule 11UA, this Tribunal in Flutura Business Solutions (P) Ltd v ITO (2020) 117 taxmann.com 567 (Bang-Trib) and other similar cases, has held that the valuation under DCF method can be based only on estimated future projections and actual figures available subsequently cannot be replaced. Applying the same, the estimated cash flows considered

M/S. TE CONNECTIVITY SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

ITA 300/BANG/2021[2016-17]Status: DisposedITAT Bangalore26 May 2022AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No.300/Bang/2021 Assessment Year : 2016-17

For Appellant: Shri Sriram Sheshadri & Ms. Amulya K., CAsFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)

capital gain tax on the said slump sale transaction by adopting the said purchase consideration of INR 68.55 Crores as sale consideration. The same was also accepted by the Revenue in completing the assessment of the seller for the Impugned AY [Pg. 304 and 338 of the Paperbook — Part A]. The lower authorities failed to appreciate that this establishes that

M/S MAJJU IMAGE & BRAND CONSULTANTS PVT LTD ,BANGALORE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX , BANGALORE

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

ITA 2015/BANG/2018[2014-15]Status: DisposedITAT Bangalore14 Jul 2022AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2014-15 M/S. Majju Image & Brand Consultants Pvt. Ltd., The Pr. No. G1, Accolade Commissioner Of Apartments, Income Tax, Millers Road, 2Nd Cross, Bangalore – 4, Benson Town, Vs. Bangalore. Bangalore – 560 046. Pan: Aaicm6586E Appellant Respondent : Shri B.S. Balachandran, Assessee By Advocate : Shri Sumer Singh Meena, Revenue By Cit-Dr Date Of Hearing : 14-07-2022 Date Of Pronouncement : 14-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order U/S. 263 Dated 25/01/2018 Passed By Ld.Pr.Cit, Bangalore – 4 For A.Y. 2014-15 On Following Grounds Of Appeal: “1. The Impugned Revisionary Order Passed By The Learned Principal Commissioner Of Income-Tax (Pcit) U/S.263 Dated; 25-01-2018 Is Opposed To The Facts Of The Case & The Law & Therefore, It Is Liable To Be Set-Aside.

For Respondent: Shri B.S. Balachandran
Section 142(1)Section 143Section 143(3)Section 263

capital gains to tax. He cannot be held to be unexplained creditor as the disallowance by the Ld.AO has not been made u/s. 68 of the Act but the disallowance is made by applying provisions of section 56(2)(viib