BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

101 results for “capital gains”+ Section 37(1)clear

Sorted by relevance

Mumbai3,508Delhi2,849Bangalore1,150Chennai944Ahmedabad744Kolkata743Jaipur551Hyderabad381Chandigarh349Surat339Pune322Karnataka250Indore247Cochin228Raipur140Cuttack101Nagpur97Visakhapatnam93Rajkot85Guwahati75Amritsar70Calcutta64SC55Lucknow50Panaji45Telangana43Dehradun28Agra26Ranchi21Jabalpur19Varanasi16Patna15Jodhpur14Allahabad11Kerala10Rajasthan5Punjab & Haryana4A.K. SIKRI ROHINTON FALI NARIMAN2Orissa2MADAN B. LOKUR S.A. BOBDE1Gauhati1D.K. JAIN JAGDISH SINGH KHEHAR1Andhra Pradesh1

Key Topics

Section 801A63Addition to Income57Disallowance53Section 26344Deduction39Section 153A38Section 271(1)(c)30Section 14A26Exemption23Section 143(3)

LALIT KUMAR JALAN,JALAN PHARMACEUTICALS vs. ITO WARD-1(1), CUTTACK

In the result, appeal of the assessee is allowed with the directions

ITA 335/CTK/2024[2018-19]Status: HeardITAT Cuttack17 Oct 2024AY 2018-19
Section 142(1)Section 50C

37 of the Wealth Tax Act, 1957, shall, with necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the Assessing Officer under sub-section (1) of section 16A of that Act. 9. Section 16A(1) of the Wealth Tax Act provides for making reference to the Valuation Officer. Sub-sections

ITO, BHADRAK WARD, BHADRAK vs. DEEPANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 42/CTK/2020[2014-15]Status: DisposedITAT Cuttack21 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

Showing 1–20 of 101 · Page 1 of 6

21
Section 10(38)18
Section 3718
For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD, BHADRAK vs. ANUPAMA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 41/CTK/2020[2015-16]Status: DisposedITAT Cuttack21 Dec 2021AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD, BHADRAK vs. HIMANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 45/CTK/2020[2015-16]Status: DisposedITAT Cuttack21 Dec 2021AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD, BHADRAK vs. SITANSU SEKHAR MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 38/CTK/2020[2014-15]Status: DisposedITAT Cuttack21 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD, BHADRAK vs. HIMANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 44/CTK/2020[2014-15]Status: DisposedITAT Cuttack21 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD, BHADRAK vs. DEEPANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 43/CTK/2020[2015-16]Status: DisposedITAT Cuttack21 Dec 2021AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD, BHADRAK vs. ANUPAMA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 40/CTK/2020[2014-15]Status: DisposedITAT Cuttack21 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD, BHADRAK vs. MAMATA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 47/CTK/2020[2014-15]Status: DisposedITAT Cuttack17 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD , BHADRAK vs. PARBATI MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 49/CTK/2020[2014-15]Status: DisposedITAT Cuttack17 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD, BHADRAK vs. SMT. KUNTALA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 50/CTK/2020[2014-15]Status: DisposedITAT Cuttack17 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD, BHADRAK vs. KISHORE KUMAR MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 48/CTK/2020[2014-15]Status: DisposedITAT Cuttack17 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

ITO, BHADRAK WARD, BHADRAK vs. AMRUTA PREETAM MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 46/CTK/2020[2014-15]Status: DisposedITAT Cuttack17 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

section 139(5), namely, 31/03/2015. Now, in the original return for AY.- 2014-15, the assessee had made a claim u/s. 10(38) on the long term capital gains earned on the sale of shares. The AO rejected this claim by holding that these receipts constituted accommodation entries taken by the assessee from certain Kolkata based companies. However, on perusal

DCIT, CORPORATE CIRCLE-1(2), BHUBANESWAR vs. M/S. NATIONAL ALUMINIUM COMPANY LIMITED, BHUBANESWAR

In the result, appeal of the assessee i

ITA 339/CTK/2016[2010-11]Status: DisposedITAT Cuttack27 Apr 2018AY 2010-11

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अऩीऱ सं./Ita No.339 & 340/Ctk/2016 Dcit, Corporate Circle1(2)/ Vs. National Aluminium Company Acit, Circle-2(2), Limited, Bhubaneswar Nalco Bhavan, P/1, Nayapalli, Bhubaneswar स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No. : Aaacn 7449 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अऩीऱ सं./Ita No.352 & 353/Ctk/2016 & Ita No.374/Ctk/2014 (नििाारण वषा / Assessment Year :2010-11, 2012-13 & 2011-12) National Aluminium Company Vs. Jcit Range-2/ Limited, Acit, Corporate Circle-1(2) Nalco Bhavan, P/1, Nayapalli, Bhubaneswar Bhubaneswar स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No. : Aaacn 7449 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & Cross Objection No.01/Ctk/2015 & 25/Ctk/2016 (Arising Out Of Ita Nos.376/Ctk/14 & Ita No.340/Ctk/2016) (नििाारण वषा / Assessment Year :2011-2012 & 2012-2013) National Aluminium Company Vs. Acit, Circle-2(2)/ Limited, Dcit, Corporate Circle- Nalco Bhavan, P/1, Nayapalli, 1(2), Bhubaneswar Bhubaneswar स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No. : Aaacn 7449 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri Ved Jain/B.K.Mahapatra, ARsFor Respondent: Shri Saad Kidwai, CIT DR
Section 14A

37. Aggrieved by the order of the CIT(A), assessee is in further appeal before us and the ld. AR submitted as under :- ―During the year under consideration, assessee company has earned long-term capital gain amounting to Rs.63,57,13,500/- and short-term capital gain amounting to Rs.1,89,869/-. The said amounts of capital gain income have

DEPUTY COMMISSIONER OF INCOME TAX, CENTAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

ITA 179/CTK/2020[2009-10]Status: DisposedITAT Cuttack11 Dec 2025AY 2009-10
Section 143(2)Section 147Section 148Section 271(1)(c)Section 37

37(1): Any expenditure (not being expenditure of the nature\ndescribed in sections 30 to 36 and not being in the nature of capital\nexpenditure or personal expenses of the assessee) lead out or\nexpended wholly and exclusively for the purpose of the business or\nprofession shall be allowed in computing the income chargeable under\nthe head \"Profit and gains

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

ITA 182/CTK/2020[2010-11]Status: DisposedITAT Cuttack11 Dec 2025AY 2010-11
Section 143(2)Section 147Section 148Section 271(1)(c)Section 37

37(1): Any expenditure (not being expenditure of the nature\ndescribed in sections 30 to 36 and not being in the nature of capital\nexpenditure or personal expenses of the assessee) lead out or\nexpended wholly and exclusively for the purpose of the business or\nprofession shall be allowed in computing the income chargeable under\nthe head \"Profit and gains

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

ITA 181/CTK/2020[2010-11]Status: DisposedITAT Cuttack11 Dec 2025AY 2010-11
Section 143(2)Section 147Section 148Section 271(1)(c)Section 37

37(1): Any expenditure (not being expenditure of the nature\ndescribed in sections 30 to 36 and not being in the nature of capital\nexpenditure or personal expenses of the assessee) lead out or\nexpended wholly and exclusively for the purpose of the business or\nprofession shall be allowed in computing the income chargeable under\nthe head \"Profit and gains

DEPUTY COMMISSIONER OF INCOME TAX, CENTAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

ITA 180/CTK/2020[209-10]Status: DisposedITAT Cuttack11 Dec 2025
Section 143(2)Section 147Section 148Section 271(1)(c)Section 37

37(1): Any expenditure (not being expenditure of the nature\ndescribed in sections 30 to 36 and not being in the nature of capital\nexpenditure or personal expenses of the assessee) lead out or\nexpended wholly and exclusively for the purpose of the business or\nprofession shall be allowed in computing the income chargeable under\nthe head \"Profit and gains

DCIT, CIRCLE-1(1), BHUBANESWAR, BHUBANESWAR vs. M/S. PARADEEP PHOSPHATES LIMITED, BHUBANESWAR

In the result, appeal filed by the revenue is dismissed and that of

ITA 289/CTK/2014[2010-11]Status: DisposedITAT Cuttack04 Aug 2017AY 2010-11

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2010-2011

For Appellant: Shri B.K.MohapatraFor Respondent: Shri Kunal Singh, CIT DR
Section 195Section 195(1)Section 195(2)Section 197Section 263Section 40Section 92

gains of business or profession",— (a) in the case of any assessee— (i) any interest (not being interest on a loan issued for public subscription before the 1st day of April, 1938), royalty, fees for technical services or other sum chargeable under this Act, which is payable,— (A) outside India; or (B)(in India to a non-resident, not being

M/S. SEAMARK BIO ORGANIC PVT. LTD.,BHUBANESWAR vs. ACIT, CIRCLE-1(1), CUTTACK

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

ITA 252/CTK/2016[2012-13]Status: DisposedITAT Cuttack25 Apr 2017AY 2012-13

Bench: S/Shri N.S Saini & Kuldip Singh

For Appellant: Shri P.K.MishraFor Respondent: Shri A.Tigga, DR
Section 37Section 37(1)

37(1) reads as under: “(1) Any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under