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944 results for “capital gains”+ Section 133clear

Sorted by relevance

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Key Topics

Addition to Income72Section 143(3)68Section 6863Section 153A45Section 14734Section 133(6)28Section 26328Section 14827Disallowance27Long Term Capital Gains

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

In the result, the appeal filed by the revenue is partly allowed

ITA 938/DEL/2024[2004-05]Status: DisposedITAT Delhi06 Nov 2024AY 2004-05

Bench: Shri S.Rifaur Rahman & Shri Sudhir Kumaracit, Circle 17 (1) Vs. Vireet Investments Pvt. Ltd., Delhi. 21D, Friends Colony West, New Delhi – 110 065. (Pan : Aaacv2033M) (Appellant) (Respondent) Assessee By : Shri Manish Jain, Ca Revenue By : Ms. Sapna Bhatia, Cit Dr Date Of Hearing : 04.09.2024 Date Of Order : 06.11.2024 Order Per S.Rifaur Rahman,Am: 1. The Appeal Has Been Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Delhi/National Faceless Appeal Centre (Nfac) [“Ld. Cit(A)”, For Short] Dated 28.12.2023 For The Assessment Year 2004-05. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income For Assessment Year 2004-05 On 31.10.2004 Declaring Income Of Rs.34,80,69,911/-. The Same Was Processed Under Section 143 (1) Of The 2 Income-Tax Act, 1961 (For Short ‘The Act’) On 28.12.2004. The Case Was Selected For Scrutiny & Notices U/S 143(2) & 142(1) Of The Act Were Issued & Served On The Assessee. In Response, Ld. Ar For The Assessee Attended From Time To Time & Submitted Relevant Information As Called For. 3. The Assessee Was Incorporated On 03.10.1983 With The Main Objects, As Per Memorandum Of Association, To Acquire & Hold Shares, Stocks, Debentures, Debenture Stocks, Bonds, Obligations & Securities Issued Or Guaranteed By Any Company Constituted Or Carried On Business In The Republic Of India. After Considering The Submissions Of The Assessee, The Assessing Officer Proceeded To Make The Following Additions In The Assessment Completed U/S 143 (3) Of The Act :-

For Appellant: Shri Manish Jain, CAFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 143

Showing 1–20 of 944 · Page 1 of 48

...
25
Section 10(38)21
Deduction21
Section 143(2)
Section 14A
Section 48
Section 80G

section 48 of the Act. Therefore we are inclined to decide the issue of claim of administration expenses in favour of the revenue. Ultimately, the assessee may get the benefit of claim of these 12 expenses as business expenditure under the head business income. As such there is no impact for the same in this AY. 14. With regard

KAPIL KUMAR AGARWAL,GURGAON vs. DCIT, GURGAON

Appeal of the assessee is allowed

ITA 2630/DEL/2015[2011-12]Status: DisposedITAT Delhi30 Apr 2019AY 2011-12

Bench: Shri Amit Shukla & Shri Prashant Maharishikapil Kumar Agarwal, Vs. Dcit, C/O. Ipsaa House Anm & Circle-1(1), Associates, J021A, Mayfiled Gurgaoon Gardens, Sector-51, Gurgaon Pan: Aacpa2412L (Appellant) (Respondent)

For Appellant: Shri Piyush Kaushik, AdvFor Respondent: Smt Sugandha Sharma, Sr. DR
Section 143Section 54Section 54F

capital gain on sale of shares of Rs. 7985861/–. The assessee has claimed deduction under Section 54F stating that it has purchased an apartment by buyers agreement dated 20/3/2007 entered into with M/s Sweta estate private limited for purchase of residential apartment being flat number 3C Kapil Kumar Agarwal Vs DCIT in Belgravia Tower No. 12 in Central Park

SURESH KUMAR AGGARWAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE-25, NEW DELHI

In the result, appeal of the assessee is partly allowed

ITA 8703/DEL/2019[2011-12]Status: DisposedITAT Delhi29 Jun 2020AY 2011-12

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishia Y 2011-12 Appellant Respondent Shri Suresh Kumar Agarwal The Assistant Commissioner Of 154, Deepali Enclave Vs. Income Tax Pitampura Central Circle -25 New Delhi New Delhi Pan :- Abvpk1318H ( Appellant ) ( Respondent ) Date Of Hearing 17-06-2020 Date Of Order 29.06.2020 Present For Assessee Shri Gautam Jain , Advocate Present For Income Tax Department :- Shri Saras Kumar Senior Departmental Representative O R D E R

Section 143Section 148Section 68

sections 68 of the income tax act. To discharge the onus, the assessee has submitted i. details of the purchase of the shares showing the purchase bill from the broker of buying the shares at the market rate on the online trading platform of Bombay stock exchange and ii. making the payment of the shares by an account by cheque

GOPAL SARAN DARBARI,NEW DELHI vs. ITO, NEW DELHI

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

ITA 1248/DEL/2013[2007-08]Status: DisposedITAT Delhi25 Oct 2016AY 2007-08

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

For Appellant: Sh. Amit Goel, Sh. Saurabh Goel, CAsFor Respondent: Sh. Amrit Lal, Sr. DR
Section 143(3)Section 250(6)Section 54

section 133(6) to unearth the truth. Since, the assessee has willfully and deliberately utilized the amount deposited under capital gain

GOPAL SARAN DARBARI,NEW DELHI vs. ITO, NEW DELHI

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

ITA 1249/DEL/2013[2008-09]Status: DisposedITAT Delhi25 Oct 2016AY 2008-09

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

For Appellant: Sh. Amit Goel, Sh. Saurabh Goel, CAsFor Respondent: Sh. Amrit Lal, Sr. DR
Section 143(3)Section 250(6)Section 54

section 133(6) to unearth the truth. Since, the assessee has willfully and deliberately utilized the amount deposited under capital gain

PURAN ASSOCIATES PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE-20(1), NEW DELHI

In the result, the appeal of the assessee is allowed partly

ITA 2087/DEL/2018[2014-15]Status: DisposedITAT Delhi14 Oct 2021AY 2014-15

Bench: Shri Kul Bharat & Shri O.P. Kant[Through Video Conferencing] Assessment Year: 2014-15

Section 111ASection 143(3)Section 14A

capital gains as business income, without going into the facts of the relevant year and ignoring the CBDT’s circular. 3) That the CIT (Appeals)/AO has erred on facts and in law in increasing the disallowance u/s 14A by Rs 77,82,133, without factoring the assessee himself had disallowed Rs 24,38,508. 4) That both

NIKESH ARORA,GURGAON vs. DCIT, INTERNATIONAL TAXATION, GURGON

In the result, appeal is allowed in the terms indicated above

ITA 1008/DEL/2022[2017-18]Status: DisposedITAT Delhi18 Jul 2024AY 2017-18

Bench: We Proceed To Deal With The Substantive Issues Arising

Section 143(3)Section 144C(13)Section 2

section 133(6) of the Act, the Indian companies have confirmed that the assessee was not a registered shareholder during the period December, 2014 to May, 2015. He observed, no document evidencing transfer of shares w.e.f. 29.12.2014 has been produced by the assessee. Thus, ultimately the Assessing Officer concluded that the gain derived from sale of shares

PREM NATH,NEW DELHI vs. ITO, NEW DELHI

ITA 1659/DEL/2013[2009-10]Status: DisposedITAT Delhi20 Jul 2016AY 2009-10

Bench: Shri J.S. Reddy & Shri Kuldip Singh

For Appellant: Shri Anil Jain, CAFor Respondent: Shri Anil Kumar Sharma, Senior DR
Section 50CSection 50C(1)Section 54Section 54E

section 54EC.” 6. Without prejudice the merits of the case, we are of the considered view that additional grounds now sought to be raised by the assessee, which are legal grounds, are necessary for complete adjudication of the controversy at hand. So, we hereby allow the application moved under Rule 11 of Appellate Tribunal Rules, 1963 by the assessee

SH. RAKESH KUMAR GUPTA,NEW DELHI vs. ITO, NEW DELHI

In the result, the appeal is dismissed

ITA 5845/DEL/2014[2010-11]Status: DisposedITAT Delhi09 Oct 2017AY 2010-11

Bench: : Shri H.S. Sidhu & Shri L.P. Sahu

Section 133(6)

133(6) to the above two brokers for filing the account summary on daily basis which is as under : ITA No. 5845/Del./2014 4 On the basis of above details, the AO issued show cause notice to the assessee to explain why the trading in shares should not be assessed under the head “income from business and profession” as income

ACIT, NEW DELHI vs. M/S. SHRI HARI INVESTMENT, NEW DELHI

In the result appeal of the revenue for both the assessment years are dismissed

ITA 6062/DEL/2014[2010-11]Status: DisposedITAT Delhi02 Jan 2018AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: NoneFor Respondent: Shri SS Rana, CIT DR
Section 10

gain taxable at the rate of 30%, profit on sale of securities claimed exempt under section 10 (38) and loss on sale of securities shown as long term capital loss amounting in all to Rs. 119966924/- as income from business. Consequently, assessment order under section 143 (3 of the act was passed on 6/2/2013 determining the total taxable income

ACIT, NEW DELHI vs. M/S. SHRI HARI INVESTMENT, NEW DELHI

In the result appeal of the revenue for both the assessment years are dismissed

ITA 6063/DEL/2014[2011-12]Status: DisposedITAT Delhi02 Jan 2018AY 2011-12

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: NoneFor Respondent: Shri SS Rana, CIT DR
Section 10

gain taxable at the rate of 30%, profit on sale of securities claimed exempt under section 10 (38) and loss on sale of securities shown as long term capital loss amounting in all to Rs. 119966924/- as income from business. Consequently, assessment order under section 143 (3 of the act was passed on 6/2/2013 determining the total taxable income

ANALJIT SINGH,DELHI vs. DCIT, CIRCLE- 16(2), DELHI

In the result, the appeal of the assessee is partly allowed

ITA 4737/DEL/2017[2014-15]Status: DisposedITAT Delhi01 Dec 2017AY 2014-15

Bench: Shri Amit Shukla & Shri O.P.Kant

Section 143(3)Section 2Section 50D

Capital Company Ltd. (‘ KMCC’) to carry out an equity valuation of SBP as of February 28, 2014 (“Valuation Date”) and provide the price per share of SBP, in relation to the proposed acquisition of shares of SBP that CGP does not already own from the Sellers. SBP, through a series of companies in the HoldCo Chain, is an indirect shareholder

GAURAV AGGARWAL,DELHI vs. ITO WARD 60 (5 ), NEW DELHI

The appeal is dismissed

ITA 1234/DEL/2019[2015-16]Status: DisposedITAT Delhi27 Jan 2020AY 2015-16

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishishri Gaurav Aggarwal, Income Tax Officer, Flat No. 12, 2Nd Floor, Vs. Ward 60 (5) Sheel Tara House, New Delhi. 4866/24,Ansari Road, Daryaganj New Delhi – 110 002. Pan : Agepa3001F (Appellant) (Respondent)

For Appellant: N O N EFor Respondent: Shri Umesh Takyar, Sr. D. R
Section 10(38)Section 143(3)Section 68Section 69C

section 10(38) of I.T. Act, 1961. 8.1.1 I find that the appellant had made investment in shares of little known company(s). The Income Tax Investigation Authorities (and SEBI) have made detailed enquiries to establish that the persons connected with M/s HPC Biosciences Ltd., were systematically involved in the activity of converting unaccounted cash into long /short term capital

VANEET AGGARWAL,NEW DELHI vs. ACIT, CIRCLE-14(2), NEW DELHI

In the result, appeal filed by the assessee is allowed

ITA 2607/DEL/2019[2015-16]Status: DisposedITAT Delhi13 Mar 2026AY 2015-16
Section 10(38)Section 143(1)Section 143(2)Section 69ASection 69C

Capital Gain on sale of shares of M/s.\nHPC Biosciences Ltd. and claimed the exemption of Rs.41,80,283/-. By relying\nthe Investigation report of the Directorate of Investigation, Kolkata and the\nrelevant modus operandi adopted by various beneficiaries by opting exemption\nu/s 10(38) of the Act, the Ld. AO observed that his M/s. HPC Biosciences Ltd. is\nalso

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

133 of the Act. We are unable to see any other incriminating material or evidence which could establish the allegation of understatement of sale consideration and capital gain on other properties. Per contra, from the assessment order, we note that the AO took a favourable view to the revenue by placing Rs. 1 crore under the head of income from

MODI RUBBER LTD.,NEW DELHI vs. ACIT, CIRCLE- 17(1), NEW DELHI

In the result, Ground no.2 is partly allowed

ITA 6866/DEL/2018[2012-13]Status: DisposedITAT Delhi08 Feb 2024AY 2012-13

Bench: Shri Saktijit Dey- & Shri Pradip Kumar Kedia-

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Smita Singh, Sr.DR
Section 10(34)Section 139(1)Section 143(3)Section 14A

Section 264 did not restrict the scope of power of the Commissioner to restrict a relief to assessee only up to the returned income. Where the income can be said not to have resulted at all, there was obviously neither accrual nor receipt of income, even though an entry may have been made in the books and account. Therefore

BRIJ BHUSHAN SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

ITA 1412/DEL/2018[2010-11]Status: DisposedITAT Delhi31 Oct 2018AY 2010-11

Bench: Sh. N. K. Saini, Hon’Ble & Sh. K. N. Charyita No. 1412/Del/2018 : Asstt. Year : 2010-11 Ita No. 1413/Del/2018 : Asstt. Year : 2011-12 Ita No. 1414/Del/2018 : Asstt. Year : 2012-13 Sh. Brij Bhushan Singal, Vs Acit, W-29, Greater Kailash, Part-Ii, Central Circle-3, New Delhi-110048 New Delhi (Appellant) (Respondent) Pan No. Aefps6298M

For Appellant: Sh. S. K. Tulsiyan, AdvFor Respondent: Sh. S. S. Rana, CIT DR
Section 10(38)Section 153ASection 250Section 68

section 132(4) of the I.T. Act, 1961 during the search proceedings at D-45, back side ground floor, Saraswati Garden, New Delhi-110015. During his statement, he has stated that he is your employee since last 20 years and getting salary of Rs.25,000/- p.m. and brokerage and commission of Rs.25,000/- p.m. in cash. Please go through

BRIJ BHUSHAN SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

ITA 1414/DEL/2018[2012-13]Status: DisposedITAT Delhi31 Oct 2018AY 2012-13

Bench: Sh. N. K. Saini, Hon’Ble & Sh. K. N. Charyita No. 1412/Del/2018 : Asstt. Year : 2010-11 Ita No. 1413/Del/2018 : Asstt. Year : 2011-12 Ita No. 1414/Del/2018 : Asstt. Year : 2012-13 Sh. Brij Bhushan Singal, Vs Acit, W-29, Greater Kailash, Part-Ii, Central Circle-3, New Delhi-110048 New Delhi (Appellant) (Respondent) Pan No. Aefps6298M

For Appellant: Sh. S. K. Tulsiyan, AdvFor Respondent: Sh. S. S. Rana, CIT DR
Section 10(38)Section 153ASection 250Section 68

section 132(4) of the I.T. Act, 1961 during the search proceedings at D-45, back side ground floor, Saraswati Garden, New Delhi-110015. During his statement, he has stated that he is your employee since last 20 years and getting salary of Rs.25,000/- p.m. and brokerage and commission of Rs.25,000/- p.m. in cash. Please go through

NEERAJ SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

ITA 1485/DEL/2018[2010-11]Status: DisposedITAT Delhi31 Oct 2018AY 2010-11

Bench: Sh. N. K. Saini, Hon’Ble & Sh. K. N. Charyita No. 1412/Del/2018 : Asstt. Year : 2010-11 Ita No. 1413/Del/2018 : Asstt. Year : 2011-12 Ita No. 1414/Del/2018 : Asstt. Year : 2012-13 Sh. Brij Bhushan Singal, Vs Acit, W-29, Greater Kailash, Part-Ii, Central Circle-3, New Delhi-110048 New Delhi (Appellant) (Respondent) Pan No. Aefps6298M

For Appellant: Sh. S. K. Tulsiyan, AdvFor Respondent: Sh. S. S. Rana, CIT DR
Section 10(38)Section 153ASection 250Section 68

section 132(4) of the I.T. Act, 1961 during the search proceedings at D-45, back side ground floor, Saraswati Garden, New Delhi-110015. During his statement, he has stated that he is your employee since last 20 years and getting salary of Rs.25,000/- p.m. and brokerage and commission of Rs.25,000/- p.m. in cash. Please go through

BRIJ BHUSHAN SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

ITA 1413/DEL/2018[2011-12]Status: DisposedITAT Delhi31 Oct 2018AY 2011-12

Bench: Sh. N. K. Saini, Hon’Ble & Sh. K. N. Charyita No. 1412/Del/2018 : Asstt. Year : 2010-11 Ita No. 1413/Del/2018 : Asstt. Year : 2011-12 Ita No. 1414/Del/2018 : Asstt. Year : 2012-13 Sh. Brij Bhushan Singal, Vs Acit, W-29, Greater Kailash, Part-Ii, Central Circle-3, New Delhi-110048 New Delhi (Appellant) (Respondent) Pan No. Aefps6298M

For Appellant: Sh. S. K. Tulsiyan, AdvFor Respondent: Sh. S. S. Rana, CIT DR
Section 10(38)Section 153ASection 250Section 68

section 132(4) of the I.T. Act, 1961 during the search proceedings at D-45, back side ground floor, Saraswati Garden, New Delhi-110015. During his statement, he has stated that he is your employee since last 20 years and getting salary of Rs.25,000/- p.m. and brokerage and commission of Rs.25,000/- p.m. in cash. Please go through