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9 results for “capital gains”+ Section 50C(1)clear

Sorted by relevance

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Key Topics

Section 50C9Section 2638Section 53A8Long Term Capital Gains6Section 43C5Section 143(3)5Section 2(47)5Capital Gains5Addition to Income5

REENAZ PROPERTIES P. LTD,EDAPALLY, KOCHI vs. THE PR CIT, KOCHI

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

ITA 137/COCH/2019[2014-15]Status: DisposedITAT Cochin16 Oct 2019AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.R.KrishnanFor Respondent: Sri.Sudhanshu Shekar Jha
Section 143(3)Section 263Section 43CSection 50C

gains for the reason that the assessee was trying to avoid provisions of section 50C of the I.T.Act. Provisions section 50C of the I.T.Act applies with regard to the transfer of long term capital asset, whereas section 43CA of the I.T.Act applies to transfer of asset (other than capital asset). Therefore, if the transfer of asset is to be assessed

Section 55A4
Exemption2
Survey u/s 133A2

SILLS KARINGATTIL JOSE,NEDUMKANDOM vs. ITO WARD 2, THODUPUZHA

Appeal is partly allowed for statistical purpose

ITA 132/COCH/2023[2016-17]Status: DisposedITAT Cochin19 Nov 2024AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhsils Karingattil Jose Income Tax Officer Np 3/406, Karingattil Ward - 2, House, Munnar Road Thodupuzha Vs. Nedumkandom P.O. [Pan: Afopj8789C] (Appellant) (Respondent)

For Appellant: Shri P. M. Veeramani, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 2(47)Section 2(47)(V)Section 250Section 50CSection 53ASection 56(2)(vii)

1. The learned Commissioner of Income tax (Appeals)-12, Bengaluru has grossly erred in sustaining the addition in part, for the assessment year 2010-11, on the finding that 2 Sils Karingattil Jose the alleged agreement executed by the appellant will result into "transfer" of property as defined under section 2(47) of the Income tax Act read with section

K P MUHAMMED ALI,CALICUT vs. ITO ( INTERNATIONAL TAXATION), KOZHIKODE

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

ITA 1008/COCH/2022[2012-13]Status: DisposedITAT Cochin12 Jan 2024AY 2012-13

Bench: Shri Sanjay Arora & Manomohan Dask.P. Muhammed Ali Income Tax Officer K.P. House: 19/1866 (International Taxation) Chalappuram Vs. Kozhikode Calicut 673002 [Pan:Agnpm9397F] (Appellant) (Respondent)

For Appellant: Shri Raghunathan Palakkal, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 2(47)Section 2(47)(vi)Section 53A

capital gain liable to be taxed for the current year. No dispute in this regard stands raised before us and, accordingly, not responded to by the other side. So, however, the assessee having raised a specific ground in this respect, which was not specifically stated as not pressed, we consider it incumbent on us to opine there-upon

THOMAS CHERIAN,THANE vs. DCIT CIRCLE INTL. TXN, DCIT CIRCLE INTL. TXN

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

ITA 776/COCH/2023[2021-22]Status: DisposedITAT Cochin31 Jul 2025AY 2021-22

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2021-22 Thomas Cherian .......... Appellant A-2, Happy House, Sector A9, Navi Mumbai Vashi, Thane 400703 [Pan: Apjpc6676G] Vs. Dcit (International Taxation) .......... Respondent Thiruvananthapuram Appellant By: Shri Vardhaman Jain, Ca Respondent By: Smt. Veni Raj, Cit-Dr Date Of Hearing: 12.06.2025 Date Of Pronouncement: 31.07.2025

For Appellant: Shri Vardhaman Jain, CAFor Respondent: Smt. Veni Raj, CIT-DR
Section 143(3)Section 147Section 2(14)(iii)Section 50CSection 53C

section 50C of the Act rejecting the contention of the appellant that it is agricultural land for want of proof of agricultural activities by the appellant. On receipt of the draft assessment order, objections were filed before the DRP contending that the property sold is agricultural land which is situated in rural area and earmarked as Jirayt land since

SARAMMA MATHEW , ERNAKULAM ( PRESENTLY STAYING AT USA) vs. DCIT, CIRCLE INTERNATIONAL TAXATION, KOCHI, KOCHI

Appeal is allowed for statistical purposes

ITA 669/COCH/2022[2018-2019]Status: DisposedITAT Cochin25 Sept 2024AY 2018-2019

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhassessment Year: 2018-19 Smt. Saramma Mathew The Deputy Commissioner Of 5235 Margaret’S Place V. Income-Tax Brent Wood 370270 Usa (International Taxation) Pan :Domps1759R. Kochi. (Appellant) (Respondent) Appellant By: Shri Rajakannan, Advocate Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 12.08.2024 Date Of Pronouncement: 25.08.2024

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 2Section 50CSection 50C(2)(b)Section 55A

1) dated 31.03.2022 in proceedings u/s. 143(3) r.w.s. 144(C) of the Income Tax Act, 1961 (the Act). Heard both the parties. Case file perused. 2. It emerges at the outset that both the lower authorities have added the long terms capital gain amounting to Rs,128,67,944/- in assessee’s hands, vide assessment herein dated 31.03.2022 framed

SUJA MARIAMMA GEORGE ,THIRUVANANTHAPURAM vs. DCIT, CIRCLE INTL.TXN, THIRUVANANTHAPURAM

In the result, the appeals filed by the assessee are allowed for statistical purposes and the stay applications are dismissed

ITA 123/COCH/2025[2022-23]Status: DisposedITAT Cochin21 May 2025AY 2022-23

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: --- None ---For Respondent: Smt.Veni Raj, CIT-DR

capital gains by adopting the value of the land as applicable for stamp duty purposes. In support of the contention, the assessee has also filed valuation report of the Registered Valuer. However, the DRP could not find any force in the arguments of the assessee and affirmed the draft order. Thereafter the AO passed the final assessment year. 5. Aggrieved

THOMAS GEORGE,THIRUVANANTHAPURAM vs. DCIT, CIRCLE INTL.TXN, THIRUVANANTHAPURAM

In the result, the appeals filed by the assessee are allowed for statistical purposes and the stay applications are dismissed

ITA 124/COCH/2025[2022-23]Status: DisposedITAT Cochin21 May 2025AY 2022-23

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: --- None ---For Respondent: Smt.Veni Raj, CIT-DR

capital gains by adopting the value of the land as applicable for stamp duty purposes. In support of the contention, the assessee has also filed valuation report of the Registered Valuer. However, the DRP could not find any force in the arguments of the assessee and affirmed the draft order. Thereafter the AO passed the final assessment year. 5. Aggrieved

CLINT MARTEL WILFRED,ERNAKULAM vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE, KOCHI, KOCHI

In the result, the appeal of the assessee is allowed

ITA 206/COCH/2021[2016-2017]Status: DisposedITAT Cochin19 Dec 2022AY 2016-2017

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.Assessment Year : 2016-17

For Appellant: Shri Saroj Kumar Parida, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 143(2)Section 154Section 50C

capital gain taking the sale consideration as per the Deed i.e., Rs.1,01,40,000. The assessee contended before the AO that difference of Rs.21,54,000 cannot be brought under the tax net as the property was sold to Corporation of Cochin and there is no scope of unaccounted money. The assessee further submitted that the provisions of section

THE DCIT, TRIVANDRUM vs. LATE SRI.C.P. VASUDEVAN NAIR REP BY POA HOLDER MS.DEEPA NAIR, TRIVANDRUM

ITA 365/COCH/2015[2007-08]Status: DisposedITAT Cochin05 Oct 2017AY 2007-08

Bench: Shri P. K. Bansal & Shri George George K.

Section 153ASection 50C(2)Section 54C

1. The order of the Commissioner of Income Tax (Appeals)-IV, Kochi is opposed to law, weight of evidence and facts of the case. 2. In view of the facts & circumstances of the case, the learned CIT(A) erred in directing the assessing officer to refer the sale of property for valuation u/ s 50C(2) as the assessee