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26 results for “capital gains”+ Section 142Aclear

Sorted by relevance

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Key Topics

Section 153A53Section 153C38Addition to Income25Section 142A12Reassessment11Section 143(3)9Section 1489Section 143(1)8Long Term Capital Gains8Section 153D

SANGITA KSHETRY,NOIDA vs. ACIT,CIRCLE INT.TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

ITA 1876/DEL/2023[2016-17]Status: DisposedITAT Delhi19 May 2025AY 2016-17

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

Section 148

Section 142A is not applicable in the facts of the present case. Furthermore, admittedly till date there is no report submitted by the DVO and thus the proceedings are time barred. In any case, in the absence of the report of the DVO, the addition made in the assessment order and the proceedings are also illegal. On merits also

NINA KSHETRY,NOIDA vs. ACIT, CIRCLE INT.TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

ITA 1878/DEL/2023[2016-17]Status: DisposedITAT Delhi19 May 2025AY 2016-17

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

Showing 1–20 of 26 · Page 1 of 2

7
Section 1537
Penalty7
Section 148

Section 142A is not applicable in the facts of the present case. Furthermore, admittedly till date there is no report submitted by the DVO and thus the proceedings are time barred. In any case, in the absence of the report of the DVO, the addition made in the assessment order and the proceedings are also illegal. On merits also

HERSH VARDHAN KSHETRY,NOIDA vs. ACIT, CIRCLE INT. TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

ITA 1877/DEL/2023[2016-17]Status: DisposedITAT Delhi19 May 2025AY 2016-17

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

Section 148

Section 142A is not applicable in the facts of the present case. Furthermore, admittedly till date there is no report submitted by the DVO and thus the proceedings are time barred. In any case, in the absence of the report of the DVO, the addition made in the assessment order and the proceedings are also illegal. On merits also

RENU SINGH,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, DELHI, DELHI

In the result, the appeal of the assessee is allowed

ITA 2806/DEL/2024[2019-20]Status: DisposedITAT Delhi25 Nov 2024AY 2019-20

Bench: Shri Pradip Kumar Kedia & Shri Pradip Kumar Kedia & Shri Pradip Kumar Kedia & Shri Vimal Kumarshri Vimal Kumar

Section 1Section 153C

capital gains based on actual such sale consideration. The AO . The AO on the other hand, alleged that the difference , alleged that the difference between the sale consideration consideration mentioned in Agreement to Sale and Sale Deed mentioned in Agreement to Sale and Sale Deed is undisclosed part of the transaction. The basis of making additions is the he transaction

MADHURITTU PURI,UNITED KINGDOM vs. DCIT, CIRCLE INTERNATIONAL TAXATION 2(2)(2) , NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 3063/DEL/2022[2019-20]Status: DisposedITAT Delhi18 Jul 2023AY 2019-20

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year: 2019-20

For Appellant: Shri Sanjiv Sapra, FCAFor Respondent: Shri Vizay Vasanta, CIT- DR
Section 142ASection 143(3)Section 144Section 234DSection 270A(2)

capital gain of her 1/3rd share at Rs. 2,73,33,333/- (page 25 of the Paper Book) which she declared in her return of income filed electronically on 07.08.2019. It was not acceptable to the Ld. AO. In para 3 of the assessment order the Ld. AO observed that the value of the property as on 01.04.2001 which

DILIP KAPUR,UNITED STATES OF AMERICA vs. ACIT, CIRCLE 2(1)(2) INTERNATIONAL TAXATION, NEW DELHI

Appeal of the assessee is allowed

ITA 2059/DEL/2023[2020-21]Status: DisposedITAT Delhi30 May 2024AY 2020-21

Bench: Dr. Brr Kumarshri Sudhir Pareek

For Appellant: Shri Ved Jain, Adv. and Shri Aman Garg, CAFor Respondent: Shri Vijay B Vasanta, CIT- DR
Section 142ASection 143(3)Section 144CSection 234D

capital gain on the basis of report issued by DVO under Section 142A of the Income Tax Act 6. On the facts

BIMLA,DELHI vs. ITO WARD-38(5), NEW DELHI

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

ITA 7973/DEL/2019[2014-15]Status: DisposedITAT Delhi26 Nov 2024AY 2014-15

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareekbimla, Vs. Ito, Ward 38 (5), H.No.143, Village Hamidpur, New Delhi. Delhi – 110 036. (Pan : Bpdpb9344B) (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate Shri Ankit Kumar, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 18.09.2024 Date Of Order : 26.11.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals-13, New Delhi (Hereinafter Referred To ‘Ld. Cit (A)’) Dated 23.07.2019 For Assessment Year 2014-15. 2. Brief Facts Of The Case Are, Assessee Filed Return Of Income Declaring Total Income Of Rs.2,23,030/- On 14.08.2014. The Return Of Income Was Processed Under Section 143 (1) Of The Income-Tax Act, 1961 (For Short ‘The Act’). The Case Was Selected For Scrutiny Through Cass & Notices

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 131Section 143Section 143(2)Section 69

142A, it is clear that legislature referred to the provisions of Section 69, 69A and 69B but specifically excluded 69C. The principle of casus omissus becomes applicable in a situation like this. What is not included by legislature and rather specifically excluded, cannot be interpreted by the Court through the process of interpretation. The only remedy is to amend

DCIT, CIRCLE 4(2), NEW DELHI vs. BSL SCAFFOLDING LTD, NEW DELHI

In the result, the appeal of the revenue is dismissed

ITA 5635/DEL/2024[2019-20]Status: DisposedITAT Delhi30 Jul 2025AY 2019-20

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.Dcit, Vs. Bsl Scaffolding Ltd, Sr-1B, 4Th Floor 93, Circle-4(2), New Delhi Ashoka Bhawan, Nehru Place, New Delhi (Appellant) (Respondent) Pan:Aaacb3253B

For Appellant: Smt Ananya Kapoor, AdvFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 142ASection 143(1)Section 50CSection 50C(1)Section 50C(2)(a)

Section 142A of the Act could be invoked by the Central Processing Centre (CPC) BSL Scaffolding Ltd while processing the return u/s 143(1) of the Act on the ground that the property has been sold at a price less than circle rate. 3. We have heard the rival submissions and perused the material available on record. The assessee filed

VINOD ANAND,FARIDABAD vs. DCIT, CIRCLE-II,, FARIDABAD

The Appeal is dismissed ex parte

ITA 639/DEL/2020[2014-15]Status: DisposedITAT Delhi22 Jul 2022AY 2014-15

Bench: Dr. B.R.R.Kumar & Sh. Anubhav Sharmash. Vinod Anand Vs. Dcit, House No. 2288, Circle-Ii, Sector-9, Faridabad Faridabad, Haryana (Appellant) (Respondent)

Section 139(1)Section 143(3)

capital gain by giving the appellant benefit of cost of construction for Rs.1,46,000/- as on 07.08.2006 . Ground Nos. 3,4,6 and 6 of the appellant are Partly Allowed.” 4. The assessee has come in appeal raising following grounds :- “1) That the impugned order passed u/s 250 of the Income

MAHAVIR TRANSMISSION LTD,NEW DELHI vs. DCIT, CENTRAL CORCLE-25, NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 2633/DEL/2022[2018-19]Status: DisposedITAT Delhi02 Jul 2024AY 2018-19

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Subhra J. Chakraborty, CIT-DR
Section 153Section 153ASection 153D

142A of the Act, it is clear that the legislature referred to the provisions of Sec. 69, 69A and 69B of the Act but specifically excluded the provisions of Sec. 69C of the Act. In such a situation the well known principle of casus omissus becomes applicable. In my humble understanding what is not included by the legislature

MAHAVIR TRANSMISSION LTD,NEW DELHI vs. DCIT, CENTRAL CIRCLE-25, NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 2632/DEL/2022[2017-18]Status: DisposedITAT Delhi02 Jul 2024AY 2017-18

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Subhra J. Chakraborty, CIT-DR
Section 153Section 153ASection 153D

142A of the Act, it is clear that the legislature referred to the provisions of Sec. 69, 69A and 69B of the Act but specifically excluded the provisions of Sec. 69C of the Act. In such a situation the well known principle of casus omissus becomes applicable. In my humble understanding what is not included by the legislature

MAHAVIR TRANSMISSION LTD,NEW DELHI vs. DCIT, CENTRAL CIRCLE-25, NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 2634/DEL/2022[2019-20]Status: DisposedITAT Delhi02 Jul 2024AY 2019-20

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Subhra J. Chakraborty, CIT-DR
Section 153Section 153ASection 153D

142A of the Act, it is clear that the legislature referred to the provisions of Sec. 69, 69A and 69B of the Act but specifically excluded the provisions of Sec. 69C of the Act. In such a situation the well known principle of casus omissus becomes applicable. In my humble understanding what is not included by the legislature

MAHAVIR TRANSMISSIN LTD ,NEW DELHI vs. DCIT, CENTRAL CIRCLE-25 , NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 2635/DEL/2022[2020-21]Status: DisposedITAT Delhi02 Jul 2024AY 2020-21

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Subhra J. Chakraborty, CIT-DR
Section 153Section 153ASection 153D

142A of the Act, it is clear that the legislature referred to the provisions of Sec. 69, 69A and 69B of the Act but specifically excluded the provisions of Sec. 69C of the Act. In such a situation the well known principle of casus omissus becomes applicable. In my humble understanding what is not included by the legislature

DCIT, CENTRAL CIRCLE-25, NEW DELHI vs. MAHAVEER TRANSMISSION LTD, NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 2844/DEL/2022[2017-18]Status: DisposedITAT Delhi02 Jul 2024AY 2017-18

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Subhra J. Chakraborty, CIT-DR
Section 153Section 153ASection 153D

142A of the Act, it is clear that the legislature referred to the provisions of Sec. 69, 69A and 69B of the Act but specifically excluded the provisions of Sec. 69C of the Act. In such a situation the well known principle of casus omissus becomes applicable. In my humble understanding what is not included by the legislature

DCIT, CENTRAL CIRCLE-25, NEW DELHI vs. MAHAVEER TRANSMISSION LTD., NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 2845/DEL/2022[2018-19]Status: DisposedITAT Delhi02 Jul 2024AY 2018-19

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Subhra J. Chakraborty, CIT-DR
Section 153Section 153ASection 153D

142A of the Act, it is clear that the legislature referred to the provisions of Sec. 69, 69A and 69B of the Act but specifically excluded the provisions of Sec. 69C of the Act. In such a situation the well known principle of casus omissus becomes applicable. In my humble understanding what is not included by the legislature

DCIT, CENTRAL CIRCLE-25, NEW DELHI vs. MAHAVEER TRANSMISSION LTD, NEW DELHI

In the result, the all appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 2846/DEL/2022[2019-20]Status: DisposedITAT Delhi02 Jul 2024AY 2019-20

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Subhra J. Chakraborty, CIT-DR
Section 153Section 153ASection 153D

142A of the Act, it is clear that the legislature referred to the provisions of Sec. 69, 69A and 69B of the Act but specifically excluded the provisions of Sec. 69C of the Act. In such a situation the well known principle of casus omissus becomes applicable. In my humble understanding what is not included by the legislature

KALIDAS KHANNA,NOIDA vs. PR,CIT DELHI 10, NEW DELHI

In the result the appeal of the assessee is dismissed as withdrawn

ITA 707/DEL/2021[2016-17]Status: DisposedITAT Delhi12 Sept 2022AY 2016-17

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharmakalidas Khanna, Vs. Pr. Cit, D-239, Sector-47, Noida, Delhi-10, Uttar Pradesh New Delhi (Appellant) (Respondent) Pan: Anepk5626M

For Appellant: NoneFor Respondent: Shri Anuj Gupta, Sr. DR
Section 142ASection 143(2)Section 143(3)Section 263Section 50C

capital gains u/s 50C afresh correctly applying the provisions of section 50C of the Act on the proportionate share of property disposed off by the appellant during the FY 2015-16. The appellant challenged the order passed by the Ld. PCIT-10 on the grounds of jurisdiction before the tribunal. During the proceedings u/s 143(2) read with section

REVELATION UNIQUE RETAIL AND MARKETING PRIVATE LIMITED,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, DELHI, DELHI

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

ITA 466/DEL/2025[2019-20]Status: DisposedITAT Delhi26 Nov 2025AY 2019-20

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2019-20 Revelation Unique Retail & Vs. Assistant Commissioner Of Income Marketing Private Ltd., Tax, Central Circle-3, 5A/3A, Ansari Road, Daryaganj, Delhi New Delhi Pin: 1100 02 Pan :Aaicr9933L (Appellant) (Respondent)

Section 115BSection 127Section 132Section 142(1)Section 153CSection 234BSection 234CSection 250Section 272A(1)(d)Section 274

capital gains based on actual such sale consideration. The AO on the other hand, alleged that the difference between the sale consideration mentioned in Agreement to Sale and Sale Deed is undisclosed part of the transaction. The basis of making additions is the photocopy of the Agreement to Sale alone as stated to be found from the premises of searched

ANSHUL BANSAL,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 3 , DELHI

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

ITA 465/DEL/2025[2019-20]Status: DisposedITAT Delhi26 Nov 2025AY 2019-20

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2019-20 Ansul Bansal, Vs. Assistant Commissioner Of Income 5A/3A, Ansari Road, Daryaganj, Tax, Circle-3, New Delhi Delhi Pin: 1100 02 Pan :Auqpb8298M (Appellant) (Respondent)

Section 127Section 132Section 142(1)Section 143(2)Section 153CSection 250Section 272A(1)(d)Section 274Section 53CSection 69A

capital gains based on actual such sale consideration. The AO on the other hand, alleged that the difference between the sale consideration mentioned in Agreement to Sale and Sale Deed is undisclosed part of the transaction. The basis of making additions is the photocopy of the Agreement to Sale alone as stated to be found from the premises of searched

HARISH KUMAR AGRAWAL,UTTAR PRADESH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -3, NEW DELHI

Appeal is allowed in above terms

ITA 5652/DEL/2024[2020-21]Status: DisposedITAT Delhi03 Jun 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2020-21 Vs. Dcit, Sh. Harish Kumar Agrawal, 1080, Arya Nagar, Gali No. 3, Central Circle-3, Kosi Kalan, New Delhi Uttar Pradesh Pan: Aawpa1906F (Appellant) (Respondent) Assessee By Sh. M.M. Agrawal, Ca Department By Ms. Suman Malik, Cit(Dr)

Section 153ASection 153C

capital gains based on actual such sale consideration. The AO on the other hand, alleged that the difference between the sale consideration mentioned in Agreement to Sale and Sale Deed is undisclosed part of the transaction. The basis of making additions is the photocopy of the Agreement to Sale alone as stated to be found from the premises of searched