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30 results for “capital gains”+ Section 43Dclear

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Key Topics

Section 26324Section 10(38)24Section 14821Section 14A20Deduction20Section 143(3)19Disallowance17Condonation of Delay11Section 194J10

UNITED INDIA INSURANCE CO LIMITED,CHENNAI vs. PCIT-3, CHENNAI

In the result, the appeals for AY 2014-15, 2016-17 & 2017-18 are partly allowed and appeals for AY 2015-16 & 2017-18 (in ITA No

ITA 182/CHNY/2021[2015-16]Status: DisposedITAT Chennai05 Jan 2026AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.1759/Chny/2019, 182 & 183/Chny/2021, 430/Chny/2022 & 683/Chny/2023 िनधा"रण वष"/Assessment Years: 2014-15, 2015-16, 2016-17 & 2017-18 United India Insurance Co. Ltd., Vs. The Principal Commissioner Of O/O The Chief Manager, Cfac Income Tax – 3, Department, Head Office, United India Chennai 600 034. Nalanda, Door No. 19, Ground Floor, 4Th Lane, Utamar Gandhi Salai, Chennai 600 034. [Pan:Aaacu5552C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sundararaman, Ca ""थ" की ओर से/Respondent By : Ms. V. Pushpa, Sr. Standing Counsel (Virtual) सुनवाई की तारीख/ Date Of Hearing : 07.10.2025 घोषणा की तारीख /Date Of Pronouncement : 05.01.2026 आदेश /O R D E R Per S.S. Viswanethra Ravi: The Appeal In Ita No. 1759/Chny/2019 Filed By The Assessee Is Directed Against The Order Dated 29.03.2019 Passed By The Ld. Principal Commissioner Of Income Tax-3, Chennai For The Assessment Year 2014- 15. The Appeals In Ita No. 182 & 183/Chny/2021 Are Filed By The Assessee Against Different Orders Both Dated 28.03.2021 Passed By The Ld. Pcit-3, Chennai For The Assessment 2015-16 & 2016-17. The 2

For Appellant: Shri S. Sundararaman, CAFor Respondent: Ms. V. Pushpa, Sr. Standing Counsel
Section 10(38)Section 143(3)Section 263

Showing 1–20 of 30 · Page 1 of 2

Reopening of Assessment8
Section 447
Section 143(1)7
Section 44

capital gains which were exempt till AY 2010-11. He submits that the assessee started to claim deduction under section 10(38) of the Act from 5 I.T.A. No.1759/Chny/19 & Ors United India Insurance AY 2005-06 and has been allowed in the assessee’s own case both pre and post amendment of Rule 5(b) of the First Schedule

UNITED INDIA INSURANCE CO LTD,CHENNAI vs. PCIT, CHENNAI

ITA 430/CHNY/2022[2017-18]Status: DisposedITAT Chennai05 Jan 2026AY 2017-18
Section 10(38)Section 143(3)Section 263Section 44

43D of the Act are not\napplicable for the computation of income of insurance companies. She\nsubmits that in respect of general insurance companies, profits are\ncomputed as per the annual accounts maintained in accordance with\nInsurance Act, 1938 or the Rules there under or the provisions of\nInsurance Regulatory and Development Authority Act, 1999 [IRDAA] or\nthe regulations made

UNITED INDIA INSUANCE CO LIMITED,CHENNAI vs. PCIT 3, CHENNAI

ITA 683/CHNY/2023[2017-18]Status: DisposedITAT Chennai05 Jan 2026AY 2017-18
Section 10(38)Section 143(3)Section 263Section 44

43D of the Act are not\napplicable for the computation of income of insurance companies. She\nsubmits that in respect of general insurance companies, profits are\ncomputed as per the annual accounts maintained in accordance with\nInsurance Act, 1938 or the Rules there under or the provisions of\nInsurance Regulatory and Development Authority Act, 1999 [IRDAA] or\nthe regulations made

UNITED INDIA INSURANCE CO.LIMITED,CHENNAI vs. PCIT-3, CHENNAI

ITA 183/CHNY/2021[2016-17]Status: DisposedITAT Chennai05 Jan 2026AY 2016-17
Section 10(38)Section 143(3)Section 263Section 44

43D of the Act are not\napplicable for the computation of income of insurance companies. She\nsubmits that in respect of general insurance companies, profits are\ncomputed as per the annual accounts maintained in accordance with\nInsurance Act, 1938 or the Rules there under or the provisions of\nInsurance Regulatory and Development Authority Act, 1999 [IRDAA] or\nthe regulations made

UNITED INDIA INSURANCE CO.LTD,CHENNAI vs. PCIT-3,, CHENNAI

ITA 1759/CHNY/2019[2014-15]Status: DisposedITAT Chennai05 Jan 2026AY 2014-15
Section 10(38)Section 143(3)Section 263Section 44

43D of the Act are not\napplicable for the computation of income of insurance companies. She\nsubmits that in respect of general insurance companies, profits are\ncomputed as per the annual accounts maintained in accordance with\nInsurance Act, 1938 or the Rules there under or the provisions of\nInsurance Regulatory and Development Authority Act, 1999 [IRDAA] or\nthe regulations made

ACIT, TRICHY vs. THE KARUR VYSYA BANK LTD., KARUR

In the result, I.T.A. Nos

ITA 1496/CHNY/2013[2003-04]Status: DisposedITAT Chennai27 Apr 2017AY 2003-04

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.1340 & 1341/Mds/2013 "नधा"रण वष" / Assessment Years : 2003-04 & 2005-06

For Appellant: Shri N. Quadir Hoseyn, AdvocateFor Respondent: Shri S. Sankaralingam, CIT

gain 92 bond. The loss of sale of securities was allowed as business loss in the assessee's own case by the Madras High Court in T.C. No.2139 of 2008. It is 11 I.T.A. Nos.1340 & 1341/Mds/13 I.T.A. Nos. 1496 & 27/Mds/13 not in dispute that the securities are classified as stock-in-trade. Therefore, the loss in transit

THE KARUR VYSYA BANK LTD.,KARUR vs. ADDL. CIT, TRICHY

In the result, I.T.A. Nos

ITA 1341/CHNY/2013[2005-06]Status: DisposedITAT Chennai27 Apr 2017AY 2005-06

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.1340 & 1341/Mds/2013 "नधा"रण वष" / Assessment Years : 2003-04 & 2005-06

For Appellant: Shri N. Quadir Hoseyn, AdvocateFor Respondent: Shri S. Sankaralingam, CIT

gain 92 bond. The loss of sale of securities was allowed as business loss in the assessee's own case by the Madras High Court in T.C. No.2139 of 2008. It is 11 I.T.A. Nos.1340 & 1341/Mds/13 I.T.A. Nos. 1496 & 27/Mds/13 not in dispute that the securities are classified as stock-in-trade. Therefore, the loss in transit

THE KARUR VYSYA BANK LTD.,KARUR vs. ADDL. CIT, TRICHY

In the result, I.T.A. Nos

ITA 1340/CHNY/2013[2003-04]Status: DisposedITAT Chennai27 Apr 2017AY 2003-04

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.1340 & 1341/Mds/2013 "नधा"रण वष" / Assessment Years : 2003-04 & 2005-06

For Appellant: Shri N. Quadir Hoseyn, AdvocateFor Respondent: Shri S. Sankaralingam, CIT

gain 92 bond. The loss of sale of securities was allowed as business loss in the assessee's own case by the Madras High Court in T.C. No.2139 of 2008. It is 11 I.T.A. Nos.1340 & 1341/Mds/13 I.T.A. Nos. 1496 & 27/Mds/13 not in dispute that the securities are classified as stock-in-trade. Therefore, the loss in transit

ACIT, TRICHY vs. THE KARUR VYSYA BANK LTD., KARUR

In the result, I.T.A. Nos

ITA 1527/CHNY/2013[2005-06]Status: DisposedITAT Chennai27 Apr 2017AY 2005-06

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.1340 & 1341/Mds/2013 "नधा"रण वष" / Assessment Years : 2003-04 & 2005-06

For Appellant: Shri N. Quadir Hoseyn, AdvocateFor Respondent: Shri S. Sankaralingam, CIT

gain 92 bond. The loss of sale of securities was allowed as business loss in the assessee's own case by the Madras High Court in T.C. No.2139 of 2008. It is 11 I.T.A. Nos.1340 & 1341/Mds/13 I.T.A. Nos. 1496 & 27/Mds/13 not in dispute that the securities are classified as stock-in-trade. Therefore, the loss in transit

THE KARUR VYSYA BANK LTD.,KARUR vs. JCIT, TRICHY

Accordingly, the claim of the assessee that it had to be allowed on actual payment basis was, in our opinion, rightly allowed by the CIT(Appeals)

ITA 2325/CHNY/2016[2010-11]Status: DisposedITAT Chennai29 Mar 2017AY 2010-11

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri S. Ananthan, CAFor Respondent: Sh. Pathlavath Peerya, CIT
Section 14A

gains of business or profession”. The expenditure incurred in relation to stock-in-trade arising as a result of investment in shares and debentures is deductible under sections 28 to 37.” 9. Once holding of investment was considered incidental to the business of banking to the assessee, in our opinion, Section 14A of the Act could not have been applied

DCIT, TRICHY vs. M/S. THE KARUR VYSYA BANK. LTD., KARUR

Accordingly, the claim of the assessee that it had to be allowed on actual payment basis was, in our opinion, rightly allowed by the CIT(Appeals)

ITA 2649/CHNY/2016[2011-12]Status: DisposedITAT Chennai29 Mar 2017AY 2011-12

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri S. Ananthan, CAFor Respondent: Sh. Pathlavath Peerya, CIT
Section 14A

gains of business or profession”. The expenditure incurred in relation to stock-in-trade arising as a result of investment in shares and debentures is deductible under sections 28 to 37.” 9. Once holding of investment was considered incidental to the business of banking to the assessee, in our opinion, Section 14A of the Act could not have been applied

THE KARUR VYSYA BANK LTD.,KARUR vs. JCIT, TRICHY

Accordingly, the claim of the assessee that it had to be allowed on actual payment basis was, in our opinion, rightly allowed by the CIT(Appeals)

ITA 2326/CHNY/2016[2011-12]Status: DisposedITAT Chennai29 Mar 2017AY 2011-12

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri S. Ananthan, CAFor Respondent: Sh. Pathlavath Peerya, CIT
Section 14A

gains of business or profession”. The expenditure incurred in relation to stock-in-trade arising as a result of investment in shares and debentures is deductible under sections 28 to 37.” 9. Once holding of investment was considered incidental to the business of banking to the assessee, in our opinion, Section 14A of the Act could not have been applied

DCIT, TRICHY vs. THE KARUR VYSYA BANK LTD., KARUR

Accordingly, the claim of the assessee that it had to be allowed on actual payment basis was, in our opinion, rightly allowed by the CIT(Appeals)

ITA 2433/CHNY/2016[2010-11]Status: DisposedITAT Chennai29 Mar 2017AY 2010-11

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri S. Ananthan, CAFor Respondent: Sh. Pathlavath Peerya, CIT
Section 14A

gains of business or profession”. The expenditure incurred in relation to stock-in-trade arising as a result of investment in shares and debentures is deductible under sections 28 to 37.” 9. Once holding of investment was considered incidental to the business of banking to the assessee, in our opinion, Section 14A of the Act could not have been applied

ACIT, KUMBAKONAM vs. CITY UNION BANK LIMITED, KUMBAKONAM

In the result, the appeals filed for the assessment year 2007-08 filed by

ITA 1803/CHNY/2014[2009-10]Status: DisposedITAT Chennai28 Dec 2016AY 2009-10

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri V. Vivekanandan, CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 194JSection 195JSection 40A

capital expenditure as revenue expenditure without considering the facts. The Ld. AR submitted that all the government securities are treated as stock in trade and relied on the order of the CIT(A) and Jurisdictional High Court and Tribunal orders. We heard the rival submissions, perused the material on record, judicial decisions. The Ld. DR has argued that

ACIT, KUMBAKONAM vs. CITY UNION BANK LIMITED, KUMBAKONAM

In the result, the appeals filed for the assessment year 2007-08 filed by

ITA 1671/CHNY/2014[2007-08]Status: DisposedITAT Chennai28 Dec 2016AY 2007-08

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri V. Vivekanandan, CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 194JSection 195JSection 40A

capital expenditure as revenue expenditure without considering the facts. The Ld. AR submitted that all the government securities are treated as stock in trade and relied on the order of the CIT(A) and Jurisdictional High Court and Tribunal orders. We heard the rival submissions, perused the material on record, judicial decisions. The Ld. DR has argued that

ACIT, KUMBAKONAM vs. CITY UNION BANK LIMITED, KUMBAKONAM

In the result, the appeals filed for the assessment year 2007-08 filed by

ITA 1801/CHNY/2014[2008-09]Status: DisposedITAT Chennai28 Dec 2016AY 2008-09

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri V. Vivekanandan, CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 194JSection 195JSection 40A

capital expenditure as revenue expenditure without considering the facts. The Ld. AR submitted that all the government securities are treated as stock in trade and relied on the order of the CIT(A) and Jurisdictional High Court and Tribunal orders. We heard the rival submissions, perused the material on record, judicial decisions. The Ld. DR has argued that

ACIT, KUMBAKONAM vs. CITY UNION BANK LIMITED, KUMBAKONAM

In the result, the appeals filed for the assessment year 2007-08 filed by

ITA 1802/CHNY/2014[2008-09]Status: DisposedITAT Chennai28 Dec 2016AY 2008-09

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri V. Vivekanandan, CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 194JSection 195JSection 40A

capital expenditure as revenue expenditure without considering the facts. The Ld. AR submitted that all the government securities are treated as stock in trade and relied on the order of the CIT(A) and Jurisdictional High Court and Tribunal orders. We heard the rival submissions, perused the material on record, judicial decisions. The Ld. DR has argued that

ACIT, KUMBAKONAM vs. CITY UNION BANK LIMITED, KUMBAKONAM

In the result, the appeals filed for the assessment year 2007-08 filed by

ITA 1804/CHNY/2014[2010-11]Status: DisposedITAT Chennai28 Dec 2016AY 2010-11

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri V. Vivekanandan, CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 194JSection 195JSection 40A

capital expenditure as revenue expenditure without considering the facts. The Ld. AR submitted that all the government securities are treated as stock in trade and relied on the order of the CIT(A) and Jurisdictional High Court and Tribunal orders. We heard the rival submissions, perused the material on record, judicial decisions. The Ld. DR has argued that

CITY UNION BANK LIMITED,KUMBAKONAM vs. JCIT, KUMBAKONAM

In the result, the appeals filed for the assessment year 2007-08 filed by

ITA 2034/CHNY/2014[2007-08]Status: DisposedITAT Chennai28 Dec 2016AY 2007-08

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri V. Vivekanandan, CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 194JSection 195JSection 40A

capital expenditure as revenue expenditure without considering the facts. The Ld. AR submitted that all the government securities are treated as stock in trade and relied on the order of the CIT(A) and Jurisdictional High Court and Tribunal orders. We heard the rival submissions, perused the material on record, judicial decisions. The Ld. DR has argued that

CITY UNION BANK LIMITED,KUMBAKONAM vs. JCIT, KUMBAKONAM

In the result, the appeals filed for the assessment year 2007-08 filed by

ITA 2035/CHNY/2014[2008-09]Status: DisposedITAT Chennai28 Dec 2016AY 2008-09

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri V. Vivekanandan, CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 194JSection 195JSection 40A

capital expenditure as revenue expenditure without considering the facts. The Ld. AR submitted that all the government securities are treated as stock in trade and relied on the order of the CIT(A) and Jurisdictional High Court and Tribunal orders. We heard the rival submissions, perused the material on record, judicial decisions. The Ld. DR has argued that