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356 results for “capital gains”+ Condonation of Delayclear

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Key Topics

Addition to Income70Section 26354Section 14752Section 143(3)50Section 14843Section 153C33Condonation of Delay32Section 143(2)27Long Term Capital Gains25Section 142(1)

MR. NIKHIL SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, appeal of the assessee is dismissed

ITA 1249/DEL/2017[2013-14]Status: DisposedITAT Delhi10 Oct 2025AY 2013-14

Bench: Shri M. Balaganesh & Shri Vimal Kumarmr. Nikhil Sawhney, Vs. Dcit, 17, Sunder Nagar, Central Circle, New Delhi-11003 Noida (Appellant) (Respondent) Pan: Aaups0222Q

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Harpreet Kaur hansra, Sr. DR
Section 10(38)Section 143(3)

condone the delay and admit the appeal of the assessee for adjudication. Mr. Nikhil Sawhney 3. The only effective issue to be decided in this appeal is as to whether the assessee would be entitled to claim the long term capital loss on sale of shares through recognized stock exchange, where Securities Transaction Tax (STT) has been suffered and consequentially

MR. NIKHIL SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, appeal of the assessee is dismissed

Showing 1–20 of 356 · Page 1 of 18

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24
Capital Gains23
Section 10(38)20
ITA 1248/DEL/2017[2012-13]Status: DisposedITAT Delhi17 Aug 2020AY 2012-13

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimr. Nikhil Sawhney Acit, 17 – Sunder Nagar, Central Circle, Vs. New Delhi – 110 003. Noida. Pan: Aaups0222Q (Appellant) (Respondent)

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Rakhi Vimal, Sr. DR
Section 10(38)Section 143

condone the delay admitting the appeal of the assessee and proceed to decide the issue on merits. 08. Facts of case in a narrow compass shows that assessee filed his return of income on 31 August 2012 declaring total income of Rs. 167,09,146 which was subsequently revised on 25th of March 2014 declaring same

UDAY KUMAR VAISH,NEW DELHI vs. CIT, NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 5700/DEL/2014[2009-10]Status: DisposedITAT Delhi30 Nov 2016AY 2009-10

Bench: Sh. N. K. Saini, Am & Sh. Lalit Kumar, Jm Ita No. 5700/Del/2014 : Asstt. Years : 2009-10 Uday Kumar Vaish, Vs Commissioner Of Income Tax, 52/79, Ramjas Road, Karol Bagh, Central-Ii, New Delhi-110005 New Delhi (Appellant) (Respondent) Pan No. Aaipv1716G Assessee By : Dr. Rakesh Gupta & Somil Agarwal, Adv. Revenue By : Sh. Kartar Singh, Cit Dr Date Of Hearing : 29.11.2016 Date Of Pronouncement : 30.11.2016 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 06.03.2014 Of Ld. Cit, Central-Ii, New Delhi U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As The Act).

For Appellant: Dr. Rakesh Gupta & Somil Agarwal, AdvFor Respondent: Sh. Kartar Singh, CIT DR
Section 263

delay is condoned and the appeal is admitted. 7. The only grievance of the assessee in this appeal relates to the jurisdiction of the ld. CIT, Central-II, New Delhi assumed u/s 263 of the 7 Uday Kumar Vaish Act. During the course of hearing the ld. Counsel for the assessee at the very outset stated that the facts

MR. TARUN SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, both the appeals of the assessee are allowed

ITA 1212/DEL/2017[2012-13]Status: DisposedITAT Delhi28 Oct 2024AY 2012-13

Bench: Shri M. Balaganesh & Shri Sudhir Kumar

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri V. K. Dubey, Sr. DR
Section 10(38)Section 143(3)

delay in filing of appeals for both the years are hereby condoned and taken up for adjudication. 4. The only identical issue to be decided in this appeal is as to whether the ld CIT(A) was justified in confirming the action of the ld AO in not allowing the carry forward of Long Term Capital Loss (LTCL) arising

MR. TARUN SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, both the appeals of the assessee are allowed

ITA 1213/DEL/2017[2013-14]Status: DisposedITAT Delhi28 Oct 2024AY 2013-14

Bench: Shri M. Balaganesh & Shri Sudhir Kumar

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri V. K. Dubey, Sr. DR
Section 10(38)Section 143(3)

delay in filing of appeals for both the years are hereby condoned and taken up for adjudication. 4. The only identical issue to be decided in this appeal is as to whether the ld CIT(A) was justified in confirming the action of the ld AO in not allowing the carry forward of Long Term Capital Loss (LTCL) arising

DCIT, CIRCLE 52(1), NEW DELHI vs. BHUPINDER SINGH BHALLA, NEW DELHI

Appeal of the revenue is dismissed

ITA 2964/DEL/2023[2016-17]Status: DisposedITAT Delhi13 Feb 2026AY 2016-17
For Respondent: \nShri Jitender Singh, CIT-DR
Section 142(1)Section 142(3)Section 143(1)Section 143(2)Section 143(3)Section 250Section 54B

condone the delay\nin filing of appeal by the appellant. Accordingly, after hearing both the\nparties and in the interest of justice, the delay in filing of appeal was\ncondoned. Further the case was heard on merit. It was contended by\nthe Goan Sabha that there were two reports presented by the Halqa\nPatwari in Court of Revenue Assistant

INCOME TAX OFFICER, WARD-11(1), DELHI vs. HKT CORPORATION PVT LTD, DELHI

Appeal is dismissed

ITA 1036/DEL/2024[2020-21]Status: DisposedITAT Delhi09 Jul 2025AY 2020-21

Bench: SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER\nAND\nSHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER\n\nITA No.1036/Del/2024\nAssessment Year: 2020-21\n\nIncome Tax Officer,\nWard-11(1),\nDelhi\nVs.\nM/s. HKT Corporation Pvt.\nLtd.,\n7, South Patel Nagar,\nNew Delhi\nPAN: AACCH0308M\n\n(Appellant)\n\n(Respondent)\n\nAssessee by\nSh. Tarandeep Singh, Adv.\n\nDepartment by\nSh. Rajesh Kumar Dhanesta, Sr. DR\n\nDate of hearing\n23.06.2025\n\nDate of pronouncement\n09.07.2025\n\nORDER\n\nPER SATBEER SINGH

Section 143(3)

capital gains\".\n\n4. The assessment order does not mention the date on which\nthe shares in question were purchased. We also note that the\nassessment order records that the assessee had converted and\ntransferred the shares in question under the head \"investment\" on 1st\nApril, 2004. This factual position was not disputed or questioned. The\nshares in question were

ACIT, CIRCLE-24(1), NEW DELHI vs. SPRING INFRADEV LTD., NEW DELHI

ITA 611/DEL/2020[2016-17]Status: DisposedITAT Delhi23 May 2025AY 2016-17

Bench: Shri Yogesh Kumar Us & Shri Brajesh Kumar Singh[Assessment Year:2016-17]

Section 143(3)Section 45Section 47

delay of 1726 days in filing the cross objection is condoned. CO No.118/Del/2024 6. During the hearing before us, the assessee reiterated the above fact of inadvertently offering the above capital gains

DCIT, CIRCLE- 20(2), NEW DELHI vs. RADHARANI ORNAMENTS PVT. LTD., NEW DELHI

In the result the appeals of the assessee in ITA No

ITA 1166/DEL/2020[2015-16]Status: DisposedITAT Delhi25 Sept 2023AY 2015-16

Bench: Shri N.K. Billaiya & Ms Astha Chandra

For Appellant: Shri Gaurav Jain, AdvFor Respondent: Shri Vivek Vardhan, Sr. DR

capital gains was declared/ He observed that statute did not reject or frown upon conversion of stock-in-trade into investment and the said conversion was permissible. Commissioner (Appeals) referred to the Circular No. 4/2007 dated 15th June, 2007 issued by the Central Board of Direct Taxes, which stipulates that two portfolios one for stock- in-trade

ARUNIMA ADCON SERVICES PVT LTD,NEW DELHI vs. ACIT, CIRCLE- 20(2), NEW DELHI

In the result the appeals of the assessee in ITA No

ITA 1320/DEL/2020[2015-16]Status: DisposedITAT Delhi25 Sept 2023AY 2015-16

Bench: Shri N.K. Billaiya & Ms Astha Chandra

For Appellant: Shri Gaurav Jain, AdvFor Respondent: Shri Vivek Vardhan, Sr. DR

capital gains was declared/ He observed that statute did not reject or frown upon conversion of stock-in-trade into investment and the said conversion was permissible. Commissioner (Appeals) referred to the Circular No. 4/2007 dated 15th June, 2007 issued by the Central Board of Direct Taxes, which stipulates that two portfolios one for stock- in-trade

ASSISTANT COMMISSIONER OF INCOME TAX, DELHI vs. VIREET INVESTMENTS PRIVATE LIMITED, DELHI

In the result, the appeal of Revenue is partly allowed as boave for statistical purpose

ITA 3010/DEL/2024[2007-08]Status: DisposedITAT Delhi14 Nov 2025AY 2007-08

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishra

Section 10(38)Section 115J

Capital Gains (‘LTCG’) of Rs.50,44,027/- and the exempted LTCG of Rs.8,90,66,252/-. However, it offered a sum of Rs.8,21,45,406/- as income under section 115JB of the Income Tax Act, 1961 (‘the Act’). The case was picked up for scrutiny and consequential assessment was completed at income of Rs.11,75,90,926/- by making

ADDI CHARITABLE TRUST,NEW DELHI vs. CIT EXEMPTION, DELHI

In the result, the appeal of Revenue is partly allowed as boave for statistical purpose

ITA 3010/DEL/2023[2023-24]Status: DisposedITAT Delhi28 Jan 2025AY 2023-24

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishra

Section 10(38)Section 115J

Capital Gains (‘LTCG’) of Rs.50,44,027/- and the exempted LTCG of Rs.8,90,66,252/-. However, it offered a sum of Rs.8,21,45,406/- as income under section 115JB of the Income Tax Act, 1961 (‘the Act’). The case was picked up for scrutiny and consequential assessment was completed at income of Rs.11,75,90,926/- by making

THE COMMISSIONER OF INCOME TAX -INTERNATIONAL TAXATION-1 vs. REEMA CHAWLA

Appeals are dismissed

ITA - 168 / 2024HC Delhi11 Mar 2024
Section 54

delay of 42 days in re-filing the appeals is condoned. The applications shall stand disposed of. ITA 168/2024 ITA 169/2024 1. The Commissioner impugns the order of the Income Tax Appellate Tribunal [„ITAT‟] dated 11 August 2023 and has proposed the following questions for our consideration:- “2.1 Whether Ld. ITAT has erred in not considering the observation made

THE COMMISSIONER OF INCOME TAX -INTERNATIONAL TAXATION-1 vs. REEMA CHAWLA

Appeals are dismissed

ITA/168/2024HC Delhi11 Mar 2024

Bench: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV,HON'BLE MR. JUSTICE YASHWANT VARMA

Section 54

delay of 42 days in re-filing the appeals is condoned. The applications shall stand disposed of. ITA 168/2024 ITA 169/2024 1. The Commissioner impugns the order of the Income Tax Appellate Tribunal [„ITAT‟] dated 11 August 2023 and has proposed the following questions for our consideration:- “2.1 Whether Ld. ITAT has erred in not considering the observation made

ITO, WARD-5(4) vs. MODERN HOME CARE PRODUCTS LTD.,,

In the result, appeal of the revenue is dismissed

ITA 2595/DEL/2002[1998-1999]Status: DisposedITAT Delhi13 Nov 2018AY 1998-1999

Bench: Shri Amit Shukla & Shri Prashant Maharishiito, Vs. M/S. Modern Home Care Ward-5(4), Products Ltd, New Delhi 4, Community Centre, New Friends Colony, New Delhi (Appellant) (Respondent)

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Ms. Shefali Swaroop, CIT DR
Section 115JSection 55

condonation of delay. But certainly same cannot be agitated by the assessee before us in cross objection. 22. Even otherwise if the argument of the learned authorised representative is accepted it will make the provisions of section 263, 264 of the income tax act redundant if the assessment is subject matter of appeal. Clearly the provisions of section

ANIL BHARDWAJ,ZAMBIA vs. DCIT-ACIT-INT-TAX GURGAON, GURGAON

In the result, the Appeal filed by the Assessee is allowed

ITA 1250/DEL/2024[2020-21]Status: DisposedITAT Delhi29 Aug 2024AY 2020-21

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.I.T.A. No. 1250/Del/2024 (A.Y 2020-21) Anil Bhardwaj Dcit/Acit 5994, Benakale Road, P. O Vs. International Tax, Box No. 31776, Northmead, Office Of Acit-Dcit Int- Near Rhodes Park School, Tax, Gurgaon Lusaka-10101, Zambia, Ny (Respondent) Pan No. Anlpb2321F (Appellant)

For Appellant: Sh. Shailesh Kumar, CA
Section 143(3)Section 144C(13)Section 54Section 54F

delay in filing the present Appeal is hereby condoned. 6 Anil Bhardwaj Zambia 8. The Ground No. 1 is general in nature which requires no adjudication. 9. Ground No. 2 is regarding addition made on account of treating Rs. 20,10,008/- as short term capital gain

SURAT SINGH,PANIPAT vs. ITO, WARD- 4, PANIPAT

In the result, appeal of the assessee is partly allowed

ITA 8211/DEL/2018[2010-11]Status: DisposedITAT Delhi26 May 2020AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Prashant Maharishiassessment Year: 2010-11 Shri Surat Singh, The Income Tax Officer, Vpo Bhapra, Vs. Ward : 4, Samhalka, Panipat. Panipat – 132 103 [Haryana] Pan : Cqlps9692H Assessment Years : 2010-11 Shri Sultan Singh, The Income Tax Officer, Vpo Bhapra, Vs. Ward : 4, Samhalka, Panipat. Panipat – 132 101 [Haryana] Pan : Cpsps0826K (Appellants) (Respondent)

Section 147Section 148Section 54B

delay should be condoned and justice should be done. Therefore assessee is submitted that the previously mentioned grounds are permitted to be urged which have not been raised due to incorrect legal advice and documents. The learned authorised representative reiterated all these above arguments and pressed that the additional ground raised by the assessee should be admitted. 9. The learned

SULTAN SINGH,PANIPAT vs. ITO, WARD- 4, PANIPAT

In the result, appeal of the assessee is partly allowed

ITA 8212/DEL/2018[2010-11]Status: DisposedITAT Delhi26 May 2020AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Prashant Maharishiassessment Year: 2010-11 Shri Surat Singh, The Income Tax Officer, Vpo Bhapra, Vs. Ward : 4, Samhalka, Panipat. Panipat – 132 103 [Haryana] Pan : Cqlps9692H Assessment Years : 2010-11 Shri Sultan Singh, The Income Tax Officer, Vpo Bhapra, Vs. Ward : 4, Samhalka, Panipat. Panipat – 132 101 [Haryana] Pan : Cpsps0826K (Appellants) (Respondent)

Section 147Section 148Section 54B

delay should be condoned and justice should be done. Therefore assessee is submitted that the previously mentioned grounds are permitted to be urged which have not been raised due to incorrect legal advice and documents. The learned authorised representative reiterated all these above arguments and pressed that the additional ground raised by the assessee should be admitted. 9. The learned

DCIT, CIRCLE - 19(1), DELHI vs. PC JEWELLER LIMITED, DELHI

In the result appeals preferred by the revenue are dismissed and the\ncross objections preferred by the assessee are allowed\nOrder pronounced in open court on 06

ITA 3084/DEL/2024[2016-17]Status: DisposedITAT Delhi06 Jun 2025AY 2016-17
Section 115JSection 143(1)Section 35D

gain time, then the court should lean against\nacceptance of the explanation....\n2.7 The Hon'ble Supreme Court in B. Madhuri Goud v. B.\nDamodar Reddy (2012) 12 SCC 693, by referring various to earlier\ndecisions of Superior Courts and held the following principal must be\nkept in mind while considering the application for condonation of\ndelay,\n(i) There

DEPUTY COMMISSIONER OF INCOME TAX, CR BUILDING vs. PC JEWELLER LIMITED, DELHI

In the result appeals preferred by the revenue are dismissed and the\ncross objections preferred by the assessee are allowed\nOrder pronounced in open court on 06

ITA 2581/DEL/2024[2015-16]Status: DisposedITAT Delhi06 Jun 2025AY 2015-16
Section 115JSection 143(1)Section 35D

gain time, then the court should lean against\nacceptance of the explanation....\n2.7 The Hon'ble Supreme Court in B. Madhuri Goud v. B.\nDamodar Reddy (2012) 12 SCC 693, by referring various to earlier\ndecisions of Superior Courts and held the following principal must be\nkept in mind while considering the application for condonation of\ndelay,\n(i) There