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58 results for “capital gains”+ Addition to Incomeclear

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Key Topics

Addition to Income35Section 260A32Section 143(3)28Section 6828Long Term Capital Gains18Section 10(38)17Penny Stock16Disallowance13Section 14711Section 80I

M/S. GAYAN TRADERS LIMITED vs. COMMISSIONER OF INCOME TAX, KOLKATA-II

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

ITA/48/2009HC Calcutta30 Sept 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE SUPRATIM BHATTACHARYA

Section 143(3)Section 260A

capital gains and the learned tribunal was not justified in reversing such order that to in a vague manner. In support of his contention, leaned senior advocate placed reliance on the decision in the case of Commissioner of Income Tax-VII Versus Avinash Jain 1, Commissioner of Income Tax Versus Merlin Holding Private Limited 2, Commissioner of Income

PRINCIPAL COMMISSIONER OF INCOME TAX -3, KOLKATA vs. M/S. ITC LIMITED

Appeal is allowed to the extent indicated

ITA/125/2018HC Calcutta27 Jun 2024

Showing 1–20 of 58 · Page 1 of 3

11
Condonation of Delay10
Capital Gains9

Bench: HON'BLE JUSTICE SURYA PRAKASH KESARWANI,HON'BLE JUSTICE RAJARSHI BHARADWAJ

Income dated 19.03.2008 to Rs. 3040,47,74,966/-. In assessment proceedings one of the addition made by the assessment officer was of Rs. 32.42 crore received by the assesse from ELEL under an award/consent terms dated 11.05.2005 which the assesse claimed as long term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX KOL 5 vs. RANJIKA GUPTA

In the result, these appeals are allowed and the substantial

ITAT/80/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX 13 KOLKATA vs. SMT GANAPATI DEVI AGARWAL

In the result, these appeals are allowed and the substantial

ITAT/34/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PR CIT 9 KOLKATA vs. GIRISH TIKMANI

In the result, these appeals are allowed and the substantial

ITAT/156/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA vs. AAYUSH JHUNJHUNWALA HUF

In the result, these appeals are allowed and the substantial

ITAT/89/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX 9 KOLKATA vs. M/S GIRISH TIKMANI HUF

In the result, these appeals are allowed and the substantial

ITAT/157/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX-5,KOL vs. SUNITA GOYAL

In the result, these appeals are allowed and the substantial

ITAT/78/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX SILIGURI vs. NITIN KUMAR AGARWAL

In the result, these appeals are allowed and the substantial

ITAT/36/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX SILIGURI vs. NEETU AGARWAL

In the result, these appeals are allowed and the substantial

ITAT/3/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX -5,KOLKATA vs. SWATI BAJAJ

In the result, these appeals are allowed and the substantial

ITAT/6/2022HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX-9, KOLKATA vs. GOPAL PRASAD TIKMANI

In the result, these appeals are allowed and the substantial

ITAT/151/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX vs. NAND KISHORE AGARWALA

In the result, these appeals are allowed and the substantial

ITAT/22/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX-9, KOLKATA vs. M/S. GOPAL PRASAD TIKMANI HUF

In the result, these appeals are allowed and the substantial

ITAT/153/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX -5,KOL vs. RAMAKANT BERIWALA

In the result, these appeals are allowed and the substantial

ITAT/60/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

addition was made. It is submitted that the assessee in the return of income had also mentioned about the short term capital gains

PRINCIPAL COMMISSIONER OF INCOME TAX 5,KOLKATA vs. AMIT KUMAR JAIN

ITAT/113/2022HC Calcutta26 Sept 2022

Bench: :

Section 10(38)Section 143(3)Section 260ASection 68Section 69C

income ignoring the larger scam or organized tax evasion by way of bogus capital gain generated in penny stock? iii) Whether the Learned Tribunal has committed substantial error in law by directing the Assessing Officer to allow the claim of Long Term Capital Gain (herein after referred as LTCG) amounting to Rs.39,49,493/- which effectively negated the addition

PRINCIPAL COMMISSIONER OF INCOME TAX -1 KOLKATA vs. ASISH KUMAR GHOSH

ITA/2/2021HC Calcutta01 Apr 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 1St April, 2022 Appearance :-

Section 115Section 143(3)Section 68

addition made u/s. 68 of the Income Tax Act, 1961 ignoring the fact that the assessee could not substantiate the genuineness of the transactions or prove that it had not indulged in dubious share transactions in a penny stock, meant to account for its undisclosed income in the garb of Long Term Capital Gain

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. ASISH KUMAR GHOSH

ITAT/73/2021HC Calcutta01 Apr 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 1St April, 2022 Appearance :-

Section 115Section 143(3)Section 68

addition made u/s. 68 of the Income Tax Act, 1961 ignoring the fact that the assessee could not substantiate the genuineness of the transactions or prove that it had not indulged in dubious share transactions in a penny stock, meant to account for its undisclosed income in the garb of Long Term Capital Gain

PRINCIPAL COMMISSIONER OF INCOME TAX-9, KOLKATA vs. SHRI AJAY KUMAR SHAW

ITAT/53/2020HC Calcutta23 Feb 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam

Section 10(38)Section 143(3)Section 260ASection 68

addition of undisclosed income ignoring the larger scam of organized tax evasion by way of Bogus capital gain generated in Penny

PRINCIPAL COMMISSIONER OF INCOME TAX 9 KOLKATA vs. NIKUNJ DHANUKA

Accordingly, the appeal fails and the same is dismissed

ITAT/104/2025HC Calcutta18 Jun 2025

Bench: :

Section 10(38)Section 143(1)Section 143(3)Section 147Section 260ASection 68Section 69C

addition made under Section 68 and Section 69C of the Income Tax Act, 1961 made by the Assessing 2 Officer by ignoring the larger scam of tax evasion by way of bogus capital gain