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20 results for “capital gains”+ Section 194Cclear

Sorted by relevance

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Key Topics

Section 14A22Section 1112Disallowance12Addition to Income11Section 143(3)8Section 408Section 12A8Section 13(1)8Deduction7TDS

DCIT, TRICHY vs. C.KAMARAJ, ARIYALUR

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

ITA 1867/CHNY/2014[2010-11]Status: DisposedITAT Chennai13 Nov 2019AY 2010-11

Bench: Shri George Mathan & Shri S.Jayaramanआयकर अपील सं./I.T.A.No.1867/Chny/2014 "नधा"रण वष" /Assessment Year : 2010-11 The Deputy Commissioner Of Vs. Shri C. Kamaraj Income Tax, Circle – Iv, Prop. Rajashree Mines & No.44, Williams Road, Minerals & Rajashree Cantonment, Trichy – 620 001 Transports, Nataraja Medicals Upstairs, V. Kaikatti, Thellur Post, Ariyalur – 621 707. [Pan Ajwpk 6009L ] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./I.T.A.No.2989/Chny/2014 "नधा"रण वष" /Assessment Year : 2010-11 Shri C. Kamaraj Vs. The Deputy Commissioner Of Prop. Rajashree Mines & Income Tax, Minerals & Rajashree Circle – Iv, Transports, No.44, Williams Road, Nataraja Medicals Upstairs, Cantonment, Trichy – 620 001 V. Kaikatti, Thellur Post, Ariyalur – 621 707 [Pan Ajwpk 6009L ] (अपीलाथ"/Appellant) (""यथ"/Respondent) Department By : Mr. Pavitran Kumar,Jcit Assessee By : Mr. A.S. Sriraman, Advocate सुनवाई क" तार"ख/Date Of Hearing : 18.09.2019 घोषणा क" तार"ख /Date Of Pronouncement : 13.11.2019

For Appellant: Mr. A.S. Sriraman, AdvocateFor Respondent: Mr. Pavitran Kumar,JCIT
Section 194Section 37Section 40Section 40A(3)
6
Section 10B5
Exemption5

capital gain. Further, the ld. DR has submitted that the CIT(A) has not remanded this issue under Rule 46A to Assessing Officer as these documents were not produced at the time of assessment and the details of it has not been dealt in the order vis-à- vis the contention of Assessing Officer. On this issue also

C.KAMARAJ,CHENNAI vs. JCIT, TRICHY

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

ITA 2989/CHNY/2014[2010-11]Status: DisposedITAT Chennai13 Nov 2019AY 2010-11

Bench: Shri George Mathan & Shri S.Jayaramanआयकर अपील सं./I.T.A.No.1867/Chny/2014 "नधा"रण वष" /Assessment Year : 2010-11 The Deputy Commissioner Of Vs. Shri C. Kamaraj Income Tax, Circle – Iv, Prop. Rajashree Mines & No.44, Williams Road, Minerals & Rajashree Cantonment, Trichy – 620 001 Transports, Nataraja Medicals Upstairs, V. Kaikatti, Thellur Post, Ariyalur – 621 707. [Pan Ajwpk 6009L ] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./I.T.A.No.2989/Chny/2014 "नधा"रण वष" /Assessment Year : 2010-11 Shri C. Kamaraj Vs. The Deputy Commissioner Of Prop. Rajashree Mines & Income Tax, Minerals & Rajashree Circle – Iv, Transports, No.44, Williams Road, Nataraja Medicals Upstairs, Cantonment, Trichy – 620 001 V. Kaikatti, Thellur Post, Ariyalur – 621 707 [Pan Ajwpk 6009L ] (अपीलाथ"/Appellant) (""यथ"/Respondent) Department By : Mr. Pavitran Kumar,Jcit Assessee By : Mr. A.S. Sriraman, Advocate सुनवाई क" तार"ख/Date Of Hearing : 18.09.2019 घोषणा क" तार"ख /Date Of Pronouncement : 13.11.2019

For Appellant: Mr. A.S. Sriraman, AdvocateFor Respondent: Mr. Pavitran Kumar,JCIT
Section 194Section 37Section 40Section 40A(3)

capital gain. Further, the ld. DR has submitted that the CIT(A) has not remanded this issue under Rule 46A to Assessing Officer as these documents were not produced at the time of assessment and the details of it has not been dealt in the order vis-à- vis the contention of Assessing Officer. On this issue also

SHRIRAM CAPITAL LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

ITA 512/CHNY/2015[2010-2011]Status: DisposedITAT Chennai25 Jun 2015AY 2010-2011

Bench: Shri Chandra Poojari & Shri Challa Nagendra Prasadआयकर अपील सं./ I.T.A. Nos.512 &513 /Mds/2015 ("नधा"रण वष" / Assessment Year : 2010-2011 & 2011- 2012)

For Appellant: Shri. R. Sivaraman, AdvocateFor Respondent: Shri. N. Rengaraj, IRS, CIT
Section 14A

gains tax. It is an undisputed position that respondent assessee is an investment company and had invested by purchasing a substantial number of shares and thereby securing right to management. Possibility of sale of shares by private placement etc. cannot be ruled out and is not an improbability. Dividend may or may not be declared. Dividend is declared

SHRIRAM CAPITAL LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

ITA 513/CHNY/2015[2011-2012]Status: DisposedITAT Chennai25 Jun 2015AY 2011-2012

Bench: Shri Chandra Poojari & Shri Challa Nagendra Prasadआयकर अपील सं./ I.T.A. Nos.512 &513 /Mds/2015 ("नधा"रण वष" / Assessment Year : 2010-2011 & 2011- 2012)

For Appellant: Shri. R. Sivaraman, AdvocateFor Respondent: Shri. N. Rengaraj, IRS, CIT
Section 14A

gains tax. It is an undisputed position that respondent assessee is an investment company and had invested by purchasing a substantial number of shares and thereby securing right to management. Possibility of sale of shares by private placement etc. cannot be ruled out and is not an improbability. Dividend may or may not be declared. Dividend is declared

THIRUMAL ARUN MOHAN DASS,PUDUCHERRY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, PUDUCHERRY, PUDUCHERRY

In the result, the appeal of the assessee for A

ITA 2213/CHNY/2025[2020-21]Status: DisposedITAT Chennai12 Dec 2025AY 2020-21

Bench: Shri Ss Viswanethra Ravi & Ms. Padmavathy.Sआयकर अपील सं./Ita Nos.2212 & 2213/Chny/2025 िनधा%रण वष% /Assessment Years: 2015-16 & 2020-21

For Appellant: Mr. V. Meenakshi Sundar, C.A *+For Respondent: Ms. Babitha, JCIT
Section 148Section 250

Capital Gain 4,50,754 3. Other Sources i Interest income [S.No.(a) & (b)] 1,33,722 ii Other Receipts [S.No.(c) & (d)] 78,81,423 Less: Expenses u/s. 57-estimated 72,50,910 6,30,513 @92% Income from other sources 7,64,235 Gross Total income 24,25,498 Rounded

THIRUMAL ARUN MOHAN DASS,PUDUCHERRY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, PUDUCHERRY, PUDUCHERRY

In the result, the appeal of the assessee for A

ITA 2212/CHNY/2025[2015-16]Status: DisposedITAT Chennai12 Dec 2025AY 2015-16

Bench: Shri Ss Viswanethra Ravi & Ms. Padmavathy.Sआयकर अपील सं./Ita Nos.2212 & 2213/Chny/2025 िनधा%रण वष% /Assessment Years: 2015-16 & 2020-21

For Appellant: Mr. V. Meenakshi Sundar, C.A *+For Respondent: Ms. Babitha, JCIT
Section 148Section 250

Capital Gain 4,50,754 3. Other Sources i Interest income [S.No.(a) & (b)] 1,33,722 ii Other Receipts [S.No.(c) & (d)] 78,81,423 Less: Expenses u/s. 57-estimated 72,50,910 6,30,513 @92% Income from other sources 7,64,235 Gross Total income 24,25,498 Rounded

DCIT, CENTRAL CIRCLE 1(1), CHENNAI vs. VELLORE INSTITUTE OF TECHNOLOGY, VELLORE

Appeals of the Revenue are dismissed whereas that of assessee are partly allowed

ITA 2220/CHNY/2017[2006-07]Status: DisposedITAT Chennai14 Nov 2018AY 2006-07

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy]

For Appellant: Shri. A. Mahesh, C.A
Section 11Section 12ASection 13(1)Section 132Section 153A

gains of business and thereby denying exemption u/s 11, after considering all the factual materials found during the search and statements recorded, which were relied on in the Assessment order, in the following words: "16. Further, we find in the paper book filed by the learned Departmental Representative containing 1 to 270 pages that:- a) In page no.124 sworn statements

VELLORE INSTITUTE OF TECHNOLOGY,VELLORE vs. DCIT, CC IV(1), CHENNAI

Appeals of the Revenue are dismissed whereas that of assessee are partly allowed

ITA 2125/CHNY/2017[2005-06]Status: DisposedITAT Chennai14 Nov 2018AY 2005-06

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy]

For Appellant: Shri. A. Mahesh, C.A
Section 11Section 12ASection 13(1)Section 132Section 153A

gains of business and thereby denying exemption u/s 11, after considering all the factual materials found during the search and statements recorded, which were relied on in the Assessment order, in the following words: "16. Further, we find in the paper book filed by the learned Departmental Representative containing 1 to 270 pages that:- a) In page no.124 sworn statements

VELLORE INSTITUTE OF TECHNOLOGY,VELLORE vs. DCIT, CC IV(1), CHENNAI

Appeals of the Revenue are dismissed whereas that of assessee are partly allowed

ITA 2126/CHNY/2017[2006-07]Status: DisposedITAT Chennai14 Nov 2018AY 2006-07

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy]

For Appellant: Shri. A. Mahesh, C.A
Section 11Section 12ASection 13(1)Section 132Section 153A

gains of business and thereby denying exemption u/s 11, after considering all the factual materials found during the search and statements recorded, which were relied on in the Assessment order, in the following words: "16. Further, we find in the paper book filed by the learned Departmental Representative containing 1 to 270 pages that:- a) In page no.124 sworn statements

DCIT, CENTRAL CIRCLE 1(1), CHENNAI vs. VELLORE INSTITUTE OF TECHNOLOGY, VELLORE

Appeals of the Revenue are dismissed whereas that of assessee are partly allowed

ITA 2219/CHNY/2017[2005-06]Status: DisposedITAT Chennai14 Nov 2018AY 2005-06

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy]

For Appellant: Shri. A. Mahesh, C.A
Section 11Section 12ASection 13(1)Section 132Section 153A

gains of business and thereby denying exemption u/s 11, after considering all the factual materials found during the search and statements recorded, which were relied on in the Assessment order, in the following words: "16. Further, we find in the paper book filed by the learned Departmental Representative containing 1 to 270 pages that:- a) In page no.124 sworn statements

ROBUST HOTELS PVT. LTD.,,CHENNAI vs. ACIT, CHENNAI

In the result appeal filed by the assessee is partly

ITA 23/CHNY/2017[2010-11]Status: DisposedITAT Chennai12 Jan 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकरअपीलसं./I.T.A.Nos.23 & 24/Chny/2017 ("नधा"रणवष" / Assessment Years: 2010-11 & 2011-12) M/S. Robust Hotels P.Ltd. Vs The Assistant Commissioner Of 365, Anna Salai, Teynampet, Income Tax, Chennai-600 018. Corporate Circle-5(4), Chennai-600 034. Pan: Aadcr 5418B (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr. AR V. Sreenivasan, Addl.CITFor Respondent: 02.11.2021
Section 36(1)(iii)Section 40

capitalization of interest expenses to pre-operative expenses, we find that though the assessee has debited interest expenses to pre-operative expenses, but fact remains that when the assessee commences its business operations, said pre- operative expenditure will be claimed as deduction over a period and thus, merely for the reason that interest expenses is not debited into profit & loss

ROBUST HOTELS PVT. LTD.,,CHENNAI vs. ACIT, CHENNAI

In the result appeal filed by the assessee is partly

ITA 24/CHNY/2017[2011-12]Status: DisposedITAT Chennai12 Jan 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकरअपीलसं./I.T.A.Nos.23 & 24/Chny/2017 ("नधा"रणवष" / Assessment Years: 2010-11 & 2011-12) M/S. Robust Hotels P.Ltd. Vs The Assistant Commissioner Of 365, Anna Salai, Teynampet, Income Tax, Chennai-600 018. Corporate Circle-5(4), Chennai-600 034. Pan: Aadcr 5418B (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr. AR V. Sreenivasan, Addl.CITFor Respondent: 02.11.2021
Section 36(1)(iii)Section 40

capitalization of interest expenses to pre-operative expenses, we find that though the assessee has debited interest expenses to pre-operative expenses, but fact remains that when the assessee commences its business operations, said pre- operative expenditure will be claimed as deduction over a period and thus, merely for the reason that interest expenses is not debited into profit & loss

M/S MADRAS RACE CLUB,CHENNAI vs. DCIT CORPO CIRCLE 4 (1), CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

ITA 503/CHNY/2018[2014-15]Status: DisposedITAT Chennai13 Jul 2022AY 2014-15

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri G. Baskar & Shri I. DineshFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 143(3)Section 194C

194C of the Act and assessee is obliged to deduct TDS, which is pre-requisite for claim of expenses. Accordingly, by invoking the provisions of section 40(a)(ia) of the Act, he upheld the disallowance. Aggrieved, assessee is in appeal before the Tribunal. 5. Before us, the ld.counsel for the assessee apart from the above arguments as made before

M/S MADRAS RACE CLUB,CHENNAI vs. DCIT CORPO CIRCLE 4 (1), CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

ITA 501/CHNY/2018[2012-13]Status: DisposedITAT Chennai13 Jul 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri G. Baskar & Shri I. DineshFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 143(3)Section 194C

194C of the Act and assessee is obliged to deduct TDS, which is pre-requisite for claim of expenses. Accordingly, by invoking the provisions of section 40(a)(ia) of the Act, he upheld the disallowance. Aggrieved, assessee is in appeal before the Tribunal. 5. Before us, the ld.counsel for the assessee apart from the above arguments as made before

M/S MADRAS RACE CLUB,CHENNAI vs. DCIT CORPO CIRCLE 4 (1), CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

ITA 502/CHNY/2018[2013-14]Status: DisposedITAT Chennai13 Jul 2022AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri G. Baskar & Shri I. DineshFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 143(3)Section 194C

194C of the Act and assessee is obliged to deduct TDS, which is pre-requisite for claim of expenses. Accordingly, by invoking the provisions of section 40(a)(ia) of the Act, he upheld the disallowance. Aggrieved, assessee is in appeal before the Tribunal. 5. Before us, the ld.counsel for the assessee apart from the above arguments as made before

DCIT, CHENNAI vs. SHRIRAM CITY UNION FINANCE CO. LTD., CHENNAI

In the result, the appeal of the assessee and the revenue are partly allowed

ITA 726/CHNY/2016[2012-13]Status: DisposedITAT Chennai07 Jun 2017AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.506/Mds/2016 "नधा+रण वष+ /Assessment Year: 2012-13

For Respondent: Mr.R.Sivaraman, Adv
Section 37Section 45

capital nature, and held that the A.O was right in disallowing the provision of Rs.30 lakhs debited in the profit and loss account of the assessee towards non-performing assets” The Honourable Supreme Court in the case of Southern Technologies Ltd, Vs JCIT (320 ITR 577) has held - “Before concluding on this point, we need to emphasize that

SHRIRAM CITY UNION FINANCE LTD.,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal of the assessee and the revenue are partly allowed

ITA 506/CHNY/2016[2012-2013]Status: DisposedITAT Chennai07 Jun 2017AY 2012-2013

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.506/Mds/2016 "नधा+रण वष+ /Assessment Year: 2012-13

For Respondent: Mr.R.Sivaraman, Adv
Section 37Section 45

capital nature, and held that the A.O was right in disallowing the provision of Rs.30 lakhs debited in the profit and loss account of the assessee towards non-performing assets” The Honourable Supreme Court in the case of Southern Technologies Ltd, Vs JCIT (320 ITR 577) has held - “Before concluding on this point, we need to emphasize that

M/S. NUMERIC POWER SYSTEMS LTD., NOW KNOWN AS,CHENNAI vs. ITO (OSD),, CHENNAI

In the result, the appeal filed by the assessee in ITA

ITA 1344/CHNY/2012[2008-09]Status: DisposedITAT Chennai20 Nov 2015AY 2008-09

Bench: Shri A. Mohan Alankamony & Shri G. Pavan Kumar

For Appellant: Shri. Philip George, AdvocateFor Respondent: Shri. P. Radhakrishnan, IRS, JCIT
Section 10Section 10BSection 143(1)Section 143(3)Section 44A

gains for deduction u/s.10B and it is also apparent from the facts of the case that ld.AR could not substantiate his ground with any material evidence. :- 6 -: Therefore, we are inclined to uphold the order of the ld. Commissioner of Income Tax (Appeals) on this ground also. 4. The second ground raised by the assessee for disallowance u/s.14A read with

DCIT, CHENNAI vs. V.A. TECH WABAG LIMITED, CHENNAI

Appeal is allowed for statistical purposes

ITA 953/CHNY/2015[2010-11]Status: DisposedITAT Chennai31 Aug 2023AY 2010-11

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Respondent: Dr. S. Palanikumar, CIT
Section 143(3)Section 144C(5)Section 92B

capital in nature and reverse the findings of the A.O/TPO by observing in Para 3.5 as under: “3.5.4. Thus, there was a "brand usage agreement" between the assessee and M/s. VA Tech Wabag GmbH Austria on 07.04.2005, for using the WABAG' brand for a period of 5 years, and the royalty payable is Rs.10 lakhs per annum.This agreement

VA TECH WABAG LIMITED,CHENNAI vs. ACIT, CHENNAI

Appeal is allowed for statistical purposes

ITA 807/CHNY/2016[2011-12]Status: DisposedITAT Chennai31 Aug 2023AY 2011-12

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Respondent: Dr. S. Palanikumar, CIT
Section 143(3)Section 144C(5)Section 92B

capital in nature and reverse the findings of the A.O/TPO by observing in Para 3.5 as under: “3.5.4. Thus, there was a "brand usage agreement" between the assessee and M/s. VA Tech Wabag GmbH Austria on 07.04.2005, for using the WABAG' brand for a period of 5 years, and the royalty payable is Rs.10 lakhs per annum.This agreement