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8 results for “disallowance”+ Section 54F(1)clear

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Key Topics

Section 54F26Section 54F(1)9Deduction6Section 545Disallowance5Capital Gains3Long Term Capital Gains3Addition to Income3Set Off of Losses2Exemption

PRAFULLA KUMAR KHATEI,BHUBANESWAR vs. ITO, WARD-2(3), BHUBANESWAR

In the result, appeal filed by the assessee is allowed

ITA 143/CTK/2017[2012-13]Status: DisposedITAT Cuttack04 Aug 2017AY 2012-13

Bench: Shri N.S Sainiassessment Year :2012-13

For Appellant: Shri B.N.Mohapatra, ARFor Respondent: Shri D.K.Pradhan, DR
Section 54FSection 54F(1)

disallowed deduction u/s.54F of the Act for Rs.11,35,701/- being long term capital gain arising from sale of land on the ground that he was the owner of one residential building on the date of transfer of the original assets and, therefore, was not entitled to deduction as per proviso (a)(i) to Section 54F(1

KANAK BHANJ DEO,BHUBANESWAR vs. ITO, WARD-5(3), BHUBANESWAR

In the result, appeal of the assessee is dismissed

2
Natural Justice2
ITA 21/CTK/2024[2017-2018]Status: HeardITAT Cuttack10 Jul 2024AY 2017-2018

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.21/Ctk/2024 (ननधाारण वषा / Assessment Year : 2017-2018) Kanak Bhanj Deo, Vs Ito, Ward-5(3), Bhubaneswar Plot No.2093/3341, Lane-5, Jaydev Vihar, Bhubaneswar, Odisha-751013 Pan No. :Angpb 4721 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri N.R.Biswal, Ca राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 10/07/2024 घोषणा की तारीख/Date Of Pronouncement : 10/07/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 16.11.2023, In Din & Order No.Itba/Nfac/S/250/2023- 24/1058002817(1) For The Assessment Year 2017-2018. 2. Brief Facts Of The Case Are That The Assessee Has Entered Into Joint Development Agreement (Jda) With The Builder On 13.01.2012 & Further Executed A Distribution Agreement On 05.11.2014 According To Which The Land Of The Assessee Was Given To The Developer For Construction Of Multistoried Building & As Per Distribution Agreement, In Consideration The Assessee Is Entitled For 26% Area In The Constructed Building. During The Impugned Year The Assessee Has Got Four Flats Having Total Area Of 4220.23 Sq.Ft. (Including 92.85 Sq.Ft. Additional Area) As The Sale Consideration Being 26% Of The Newly Constructed Building. Out Of The Said

For Appellant: Shri N.R.Biswal, CAFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 54F

1) for the assessment year 2017-2018. 2. Brief facts of the case are that the assessee has entered into Joint Development Agreement (JDA) with the builder on 13.01.2012 and further executed a distribution agreement on 05.11.2014 according to which the land of the assessee was given to the developer for construction of multistoried building and as per distribution agreement

ITO, WARD-3(2), BHUBANESWAR, BHUBANESWAR vs. GAYA SANTARA, BHUBANESWAR

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

ITA 468/CTK/2014[2008-09]Status: DisposedITAT Cuttack28 Jul 2017AY 2008-09

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year :2008-09

For Appellant: Shri S.K.Agarwalla, ARFor Respondent: Shri Subhendu Dutta, DR
Section 148Section 54Section 54F

1. That, the Ld. Authorities below are wrong in interpreting the provisions of section 54F of the Act and wrong in holding the meaning assigning to word "a house" as "one house" and therefore the disallowance

SMT. SANJUKTA PRUSTY,BHUBANESWAR vs. ITO, WARD-3(5), BHUBANESWAR

In the result, appeal of the assessee is allowed

ITA 95/CTK/2017[2013-14]Status: DisposedITAT Cuttack16 Jan 2020AY 2013-14

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2013-14

For Appellant: Shri Niranjan Panda, ARFor Respondent: Shri Subhendu Dutta, DR
Section 131Section 143(3)Section 250

disallowance 1 Unexplained 62,05,000/- 1. Learned CIT (A) has rejected the investment appellant's claim basing on the statement U/s.69ofthel.T of Sri. Sarbeswar Sahu (M.D) of the Act 1961. Bhulaxmi Realcon Private Limited (Purchaser of land) who has categorically stated before the AO that he has not given any cash to the appellant. 2. Learned

SRI SATYABRATA PUJAPANDA,PURI vs. ITO, PURI WARD, PURI, PURI

In the result, appeal for the assessment year 2015-2016 in ITA

ITA 432/CTK/2018[2015-16]Status: DisposedITAT Cuttack30 Jan 2023AY 2015-16
For Appellant: Shri B.Panda, Senior Advocate with Shri B.R.Panda, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 54Section 54F

disallowance has rightly been made by the AO and upheld by the ld. CIT(A). 5. We have considered the rival submissions. A perusal of the paper book filed by the assessee clearly shows that the assessee has provided ledger extract of the expenses incurred towards the development of the land at pages 24 to 28 of the paper book

SRI SATYABRATA PUJAPANDA,PURI vs. ITO,PURI WARD, PURI, PURI

In the result, appeal for the assessment year 2015-2016 in ITA

ITA 433/CTK/2018[2016-17]Status: DisposedITAT Cuttack30 Jan 2023AY 2016-17
For Appellant: Shri B.Panda, Senior Advocate with Shri B.R.Panda, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 54Section 54F

disallowance has rightly been made by the AO and upheld by the ld. CIT(A). 5. We have considered the rival submissions. A perusal of the paper book filed by the assessee clearly shows that the assessee has provided ledger extract of the expenses incurred towards the development of the land at pages 24 to 28 of the paper book

LORAMITRA RATH,KAIRAPARI KOTSAHI, TANGI vs. DCIT (CIRCLE-1(1), CUTTACK

The appeal is allowed

ITA 314/CTK/2023[2015-16]Status: HeardITAT Cuttack05 Sept 2024AY 2015-16

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2015-16 Loramitra Loramitra Rath, Rath, Kairapari Kairapari Vs. Dcit, Circle Dcit, Circle-1(1), Kotsahi, Tangi, Cuttack Kotsahi, Tangi, Cuttack Cuttack Pan/Gir No. No.Aebpr 6065 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Purnendhu Bhusan Mohanty, Ca Purnendhu Bhusan Mohanty, Ca Revenue By : Shri S.C.Mohanty, Sr S.C.Mohanty, Sr Dr

For Appellant: Shri Purnendhu Bhusan Mohanty, CAFor Respondent: Shri S.C.Mohanty, Sr
Section 48

54F [, 54G and 54HJJJJJ, be chargeable to income-tax under the head "Capital gains", and shall be deemed to be the income of the previous year in which the transfer took place. ----------------------------------------------- ---------------------------- Mode of computation. 48. The income chargeable under the head "Capital gains" shall be computed, by deducting from the full value of the consideration received or accruing

LAXMINARAYAN DASH,BHUBANESWAR vs. INCOME TAX OFFICER, WARD-3(3), BHUBANESWAR, BHUBANESWAR

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 521/CTK/2024[2016-17]Status: DisposedITAT Cuttack30 Dec 2024AY 2016-17

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalita No.521 /Ctk/2024 Assessment Year : 2016-17 Laxminarayan Das Laxminarayan Das Vs. Income Tax Officer, Ward- Income Tax Officer, Ward Plot No.575-C, C, 3(3), Bhubaneswar Hubaneswar Behera Sahi Nayapali Bhubaneswar, 751012 , 751012 Pan/Gir No. No.Accpd 0726 E (Appellant (Appellant) .. ( Respondent Respondent) Assessee By Assessee By : S/Shri P.K.Misahra & B.N.Behera B.N.Behera, Adv Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 30/12/20 2024 Date Of Pronouncement : 30/12/20 024 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Of The Ld Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi Dated Cit(A), Nfac, Delhi Dated 22/03/2024 In Appeal No.Cit(A),Bhuban Cit(A),Bhubaneswar- 2/10236/2018-19 19 For The Assessment Year 2016-17. 2. Shri B.N.Behera B.N.Behera & P.K.Mishra, Ld Ars Appeared For Appeared For The Assessee & Shri S.C.Mohanty S.C.Mohanty, Sr. Dr Appeared For The Revenue.

For Appellant: S/Shri P.K.Misahra and B.N.BeheraFor Respondent: Shri S.C.Mohanty, Sr DR
Section 54F

1 For that, the learned CIT(A) has committed gross error of law as well as of fact, in dismissing the appeal of the appellant and in confirming the addition made by the learned A.O., without providing sufficient effective opportunity of being heard to the Appellant, as such, the appeal order, being passed on gross violation of principles of natural