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462 results for “capital gains”+ Section 142(1)(iii)clear

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Key Topics

Addition to Income59Section 143(3)57Section 143(2)53Section 26348Section 14844Section 153C40Section 142(1)38Section 14734Section 153A29

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)

capital gains, and under the Indian Income-tax Act, 1922 (pages 124, 125) : "From the charging provisions of the Act, it is discernible that the words 'income' or 'profits and gains' should be understood as including losses also, so that, in one sense 'profits and gains' represent 'plus income' whereas losses represent 'minus income'*. In * CIT v. Karamchand Premchand

ESSAR COMMUNICATIONS LIMITED,MAURITIUS vs. ACIT, CIRCLE-1 (2)(2), NEW DELHI

Showing 1–20 of 462 · Page 1 of 24

...
Capital Gains20
Disallowance17
Reassessment16
ITA 340/DEL/2022[2012-13]Status: DisposedITAT Delhi30 Jun 2025AY 2012-13

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

For Appellant: Shri Percy Pardiwala, Sr. AdvocateFor Respondent: Shri N. Venkatraman, ASG
Section 250Section 253Section 6(3)

iii) of proviso to section 245R(2).” iv. The AAR flagging the issues to the assessing and appellate authorities for examining the transaction to be one for tax avoidance: "189. We have held earlier that applications are not maintainable and liable to be dismissed and that applicants can pursue their cases in other proceeding in forum other than

MILAN SAINI,GURGAON vs. DCIT, CIRCLE- 2 , GURGAON

In the result, the appeal of the assessee is allowed

ITA 2335/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Oct 2025AY 2014-15

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2014-15 Milan Saini, Vs. Dcit, 37, Centrum Plaza, Dlf Golf Circle-2. Course Road, Sector 53, Gurgaon Gurgaon (Haryana) Pan: Braps1366P (Appellant) (Respondent)

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 17Section 250(6)Section 28

142(1) along with questionnaire was issued on 30.11.2016. In response to the notices, the counsel of assessee Shri Gaurav Singhal, Chartered Accountant attended the assessment proceedings and filed necessary information and details. On completion of assessment proceeding, Ld. AO passed the order dated 22.12.2016 making an addition of Rs.1,17,527/- being interest from S.B. Account jointly held

SANGEETA DEVI JHUNJHUNWALA,NEW DELHI vs. ITO, WARD-70(1), NEW DELHI

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

ITA 747/DEL/2022[2015-16]Status: DisposedITAT Delhi18 May 2023AY 2015-16

Bench: Dr. Brr Kumar & Ms. Astha Chandraasstt. Year: 2015-16

For Appellant: Shri Rajiv SaxenaFor Respondent: Shri Amit Shukla, Sr. DR
Section 10(38)Section 131Section 142(1)Section 143(1)Section 69C

142(1) of the Act which forms part of the assessment order at pages 10-16 containing therein inter alia information/details available in the public domain enclosing as Annexure A comparative profit and loss account and balance sheet of the company M/s. HPC Biosciences Limited for various years stating that even an investor with risk appetite on a higher side

ESSAR COM LIMITED,MAURITIUS vs. ACIT, CIRCLE 1(2)(2), NEW DELHI

ITA 339/DEL/2022[2012-13]Status: DisposedITAT Delhi30 Jun 2025AY 2012-13
For Appellant: Shri Percy Pardiwala, Sr. AdvocateFor Respondent: Shri N. Venkatraman, ASG
Section 253Section 6(3)

iii) of proviso to\nsection 245R(2).”\niv. The AAR flagging the issues to the assessing and appellate\nauthorities for examining the transaction to be one for tax\navoidance:\n3. Order of the Assessing Officer:\nAfter multiple hearings and analysis of facts, legal\nprovisions and judicial decisions, the AO finalized the assessment\nin detailed orders dated 13.04.2021. The AO denied

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

142(3);\nITAT orders vide ITA No.3523/Del/2013 dated 13.12.2013 in the case of\nM K Chabbra vs. ITO No.3523/Del/2013_and ITA No. 1026/Del/2016\ndated 06.02.2018 in the case of Kamla Devi Sharma v/s ITO Jaipur.\n6.1 Reliance was placed on ITAT's order in the case of ITO v/s Babita Gupta\nITA 5313/Del/2019 as under:\n\"In this case assessee purchased

DCIT, CIRCLE 22(2), NEW DELHI, NEW DELHI vs. SAHIL VACHANI, DELHI

Appeal of the Revenue stands dismissed

ITA 2604/DEL/2023[2016-17]Status: DisposedITAT Delhi23 Jun 2025AY 2016-17

Bench: Shri Mahavir Singh, Vice Presdient (), Shri Vikas Awasthy& Shriavdhesh Kumar Mishraआअसं.2604/िद"ी/2023(िन.व. 2016-17)

For Appellant: S/Shri Anuj Garg & Narpat Singh, Sr.DRFor Respondent: S/Shri Rohan Khare & Priyam
Section 271(1)(c)Section 54F

iii) to (v) as mentioned above and question referred by the Ld. Accountant Member are relating to issue of levy of penalty u/s. 271(1)(c) for non- compliance of provisions of Section 54F of the Act. These questions are being answered as under: 7.1 Admittedly the assessee’s case was selected for scrutiny assessment by issuing notice

ARUN DWIVEDI,NEW DELHI vs. ACIT, CIRCLE-9(2), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 6293/DEL/2018[2014-15]Status: DisposedITAT Delhi12 Jun 2025AY 2014-15
Section 142(1)Section 143(3)Section 54

142(1) of\nthe Act during the ongoing assessment proceedings. The assessee\nsubmitted that he had sold immovable property being House no.-D-4, 1st\nFloor, Vivekanandpuri, Lucknow, to Smt. Meena Agarwal and Shri Rajiv\nKumar Agarwal for a consideration of Rs.45,95,177/-. The 'Details\nInstrument in short' with respect to the sale of the said property has been

SACHIN KANODIA,NEW DELHI vs. ITO WARD - 42(2), NEW DELHI

Appeal are dismissed

ITA 9504/DEL/2019[2015-16]Status: DisposedITAT Delhi10 May 2024AY 2015-16

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 142(2)Section 143(2)Section 2Section 68Section 69C

iii) To hold section 68 etc does not apply to sale of shares and that too sans credit in books of account maintained by assessee; iv) To restore returned income v) Any other appropriate relief.” 3. When the Appeal is called neither the assessee nor the representative of the assessee appeared before the Bench to advanced 5 Sachin Kanodia

AZIZUL GHANI ,NEW DELHI vs. INCOME TAX OFFICER - ITO WARD 63(3) NEW DELHI, NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 2962/DEL/2025[2015-16]Status: DisposedITAT Delhi03 Feb 2026AY 2015-16

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarazizul Ghani Vs. Ito, Ward 63(3) 1407 Pan Mandi E-2, Block, Civic Centre, Sadar Bazar, New Delhi – 110002 Delhi – 110006 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aajpg7737K Appellant .. Respondent

For Appellant: Ms. Rano Jain, AdvFor Respondent: Sh. Om Prakash, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 250Section 54

142(1) were issued. On completion of proceedings ld. AO vide order dated 22.12.2017 held that an impugned of Rs.35,00,000/- qualifies for deduction u/s 54 of the Act and the amount of Rs.6,66,46,841/- did not qualify deduction and same was added back to the income of assessee under the head of long term capital gain

PRAGATI POWER CORPORATION LTD,NEW DELHI vs. ACIT, CIRCLE 20(1), NEW DELHI

In the result, the appeal filed by the assessee is partly allowed as indicated above

ITA 1617/DEL/2023[2018-19]Status: DisposedITAT Delhi14 Aug 2024AY 2018-19

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

Section 115JSection 145(2)Section 32Section 36Section 36(1)(iii)Section 37Section 43ASection 46ASection 80I

142(1) of the Act observed that the net loss on account of foreign exchange transaction and translation amounting to Rs.17,67,88,271/- is on account of capital assets acquired by the assessee from abroad and therefore, not liable as revenue expenditure u/s 37(1) r/w section 43A of the Act. Pragati Power Corporation vs. ACIT 31.1 In response

(Now known as Sony India Limited)

ITA/16/2014HC Delhi16 Mar 2015

capital, transportation, level of the market, i.e. retail or wholesale and so forth. The Rules and the analytical steps. 71. Sub-Sections (1) and (2) to Section 92C are applicable to the assessed, as well as the Assessing Officer invoking power under Sub-Section (3) to Section 92C of the Act. As noted above, sub-section (2) to Section

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)

142(1) dated\n02.12.2021 Reply filed on 23.03.2023 and copy is placed on P. No.\n98 to 108 & 128 to 135 of the Paper Book-2 filed on 09.01.2024.\n\n7.2.4 Details of these replies submitted before AO have been filed\nbefore me by appellant. However, AO has ignored them. In view of the\nfacts that these expenses are supported

SUDHAKAR ARORA,DELHI vs. ADIT, CPC, BENGALURU

In the result, the appeal of the assessee is dismissed

ITA 4584/DEL/2024[2018-19]Status: DisposedITAT Delhi08 Aug 2025AY 2018-19

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2018-19]

Section 143(1)Section 143(1)(a)Section 143(3)Section 36Section 36(1)(va)

142, such return shall be processed in the following manner, namely:— (a) the total income or loss shall be computed after making the following adjustments, namely:— (i) any arithmetical error in the return; (ii) an incorrect claim, if such incorrect claim is apparent from any information in the return; (iii) disallowance of loss claimed, if return of the previous year

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

142(1) of the Act were\nissued and served upon the assessee.\n\n3.\nThe assessee is a Director in M/s. KTV Projects Pvt. Ltd. and received\nsalary from the same. Further, the assessee declared income from capital gain and\nincome from other sources during the year under consideration. In response to\nthe above notices, Ld. AR of the assessee

CK INTERNATIONAL PVT LTD,DELHI vs. ITO,WARD-6(1), DELHI

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

ITA 677/DEL/2025[2019-20]Status: DisposedITAT Delhi07 Jan 2026AY 2019-20
For Appellant: \nDepartment by
Section 142Section 143(1)Section 143(1)(a)Section 250Section 50CSection 50C(1)Section 56(2)(vii)

capital gain has a beyond scope of section\n143(1) of the Act. Addition of Rs.3,46,97,520/- on account of\ncapital gain is contrary to section 50C of the Act. Reliance was\nplaced on order dated 17.05.2023 in ITA No,2200/Del/2022 in\nthe case of Shankar Dayal HUF VS. ADIT. Order dated\n12.03.2025 in ITA No.5292/Del/2025

BHUPINDER SINGH JULKA,NEW DELHI vs. ACIT, CIRCLE-INT. TAX. 2(1)(2), DELHI

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

ITA 1807/DEL/2022[2018-19]Status: DisposedITAT Delhi07 Aug 2023AY 2018-19

Bench: Shri Kul Bharat & Shri M. Balaganesh

For Appellant: Ms. Monika Agarwal, AdvFor Respondent: Shri Vizay B. Vasanta, CIT(DR)
Section 143(2)Section 143(3)Section 144CSection 234BSection 80T

142(1) of the Act were issued which were duly complied with. (Please refer page 34 of Paper book). 1.3 That on 28.09.2021 the learned Assessing Officer passed draft order u/s 144C of the Act wherein assessed income is proposed at Rs. 33,60,600/-, proposing following additions: Sr.No. Particulars Amount in Rs. i) Short Term Capital Gain: Being capital

MAHAVIR SINGH,NEW DELHI vs. ITO, WARD-8(2), NEW DELHI

ITA 8602/DEL/2019[2015-16]Status: DisposedITAT Delhi23 Jul 2024AY 2015-16

Bench: SHRI G.S. PANNU, HON'BLE (Vice President), SHRI ANUBHAV SHARMA (Judicial Member)

For Appellant: Shri R.R. Singhla, CAFor Respondent: Shri Anshul, Sr. DR
Section 10(38)Section 127Section 142(1)Section 143(2)Section 143(3)

capital gains from sale of listed shares on which STT was paid. The case was selected for scrutiny under CASS. Though the proceedings of assessment for the AY 2014-15 were going on with the Income Tax Officer, Ward 70(2), notice U/S 143(2) of the Income Tax Act, 1961 dated 19-09-2016 was received

DIRECTOR OF INCOME TAX (EXEMPTION) vs. CHARANJIV CHARITABLE TRUST

In the result both aspects of the first substantial question of law

ITA/321/2013HC Delhi18 Mar 2014

Bench: It, Two By The Assessee Relating To The Assessment Years 2006-07 & 2007-08 & One By The Revenue Relating To The Assessment Year 2006-07. In Other Words, In Respect Of The Assessment Year 2006-07, There Were Cross- 2014:Dhc:1467-Db

Section 11Section 12ASection 13(1)(c)Section 13(3)Section 143(1)Section 260A

142(1) and 143(2) were issued. A sum of Rs.8,60,1600/- was shown by the assessee as the proceeds of the sale of assets, being land. It appears that M/s. Ansal Properties and Industries Ltd. (APIL) owned certain plots of land earmarked for schools, dispensaries, etc. The assessee in furtherance of its objects to open a school, entered

SNEH GUPTA,NEW DELHI vs. ACIT, CIRCLE-32(1), DELHI, DELHI

In the result, the appeal filed by the assessee is allowed on both counts on merit as well as jurisdictional issue raised by the assessee in the additional ground of appeal

ITA 3928/DEL/2024[2016-17]Status: DisposedITAT Delhi22 Sept 2025AY 2016-17

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Manoj Kumar, CIT DR
Section 143(2)Section 54F

142(1) of the Income-tax Act, 1961 (for short ‘the Act’) along with questionnaire were issued and served on the assessee. In response, ld. AR of the assessee submitted the relevant information through ITBA Portal. Further AO observed that during the relevant assessment year, assessee has income from capital gain and income from other sources. 3. During assessment proceedings