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811 results for “capital gains”+ Section 151clear

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Key Topics

Section 14789Addition to Income62Section 14859Section 143(3)56Section 6836Section 15128Deduction20Disallowance20Section 26319Reassessment

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

In the result, appeal of the assessee is dismissed

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

section 45 prescribes that any profits/gains on transfer of a capital asset shall be chargeable to tax as capital gains. Income from transfer of shares, be it short-term or long-term, is, per se, liable for taxation. It is only exempt from tax if long term gain on equity shares is liable to STT and not otherwise. Even

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

Appeal of the revenue is dismissed

Showing 1–20 of 811 · Page 1 of 41

...
19
Capital Gains16
Reopening of Assessment15
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

capital gain arising from sale of agricultural land on ground\nthat purchaser of land was a builder and thus, sald piece of land was not\nagricultural land, since view taken by Assessing Officer while rejecting\nassessee's claim was not in consonance with requirements made under\nsection 54B, Impugned order passed by him was to be set aside.\"\nHence, once

DCIT, CIRCLE-2(2), NEW DELHI vs. ANANT RAJ LTD., NEW DELHI

The appeal is allowed partly as indicated above

ITA 5238/DEL/2017[2012-13]Status: DisposedITAT Delhi27 Nov 2020AY 2012-13

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Sanjay Goel, CIT-DRFor Respondent: Shri Vinod Kumar Bindal, CA; Ms
Section 143(3)Section 147Section 148Section 50

section 50 of Income-tax Act as per which excess between full value of consideration and WDV of the block of asset shall be deemed to be capital gain arising from the transfer of a short-term capital asset. The full value of consideration of asset sold was Rs. 151

DCIT, CIRCLE-2(2), NEW DELHI vs. ANANT RAJ LTD., NEW DELHI

The appeal is allowed partly as indicated above

ITA 5237/DEL/2017[2009-10]Status: DisposedITAT Delhi27 Nov 2020AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Sanjay Goel, CIT-DRFor Respondent: Shri Vinod Kumar Bindal, CA; Ms
Section 143(3)Section 147Section 148Section 50

section 50 of Income-tax Act as per which excess between full value of consideration and WDV of the block of asset shall be deemed to be capital gain arising from the transfer of a short-term capital asset. The full value of consideration of asset sold was Rs. 151

ANANT RAJ LTD.,NEW DELHI vs. DCIT, CIRCLE-2(2), NEW DELHI

The appeal is allowed partly as indicated above

ITA 4736/DEL/2017[2009-10]Status: DisposedITAT Delhi27 Nov 2020AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Sanjay Goel, CIT-DRFor Respondent: Shri Vinod Kumar Bindal, CA; Ms
Section 143(3)Section 147Section 148Section 50

section 50 of Income-tax Act as per which excess between full value of consideration and WDV of the block of asset shall be deemed to be capital gain arising from the transfer of a short-term capital asset. The full value of consideration of asset sold was Rs. 151

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

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

CAIRN UK HOLDING LTD.,AHMEDABAD vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result ground No. 5 of the appeal of the assessee is allowed

ITA 1669/DEL/2016[2007-08]Status: DisposedITAT Delhi09 Mar 2017AY 2007-08

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

For Appellant: Shri Percy Pardiwala Sr. AdvFor Respondent: Shri Sanjay Puri CIT
Section 143(3)Section 144

151 (2) of the Act; 2.4 On the facts and in the circumstances of the case, the learned AO has erred in completing reassessment proceedings under section 147 / 148 of the Act based on the issue of an invalid notice under section 143(2) of the Act which is the primary requirement for initiation of any assessment proceedings;” Below Ground

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

KRISHNA DEVI,NEW DELHI vs. ITO, WARD- 38(3), NEW DELHI

ITA 6356/DEL/2019[2014-15]Status: DisposedITAT Delhi04 Jan 2022AY 2014-15

Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 6356/Del/2019 : Asstt. Year : 2014-15 Krishna Devi, Vs Income Tax Officer, F-26/124, Sector-7, Rohini, Ward-38(3), New Delhi-110085 New Delhi-110002 (Appellant) (Respondent) Pan No. Abrpd0875E Assessee By : Sh. Kapil Goel, Adv. Revenue By : Sh. Umesh Takyar, Sr. Dr Date Of Hearing: 08.10.2021 Date Of Pronouncement: 04.01.2022

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. Umesh Takyar, Sr. DR
Section 115BSection 143(2)Section 147Section 148Section 68

capital gains declared by the assessee in detail so as to tax or exempt the same. The Assessing Officer has clearly mentioned that as reasons to believe that the income of the assessee has escaped assessment for the A.Y. 2014-15 within the meaning of Section 147 of the I.T. Act. The Assessing Officer is well aware of the time

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

Section 148

Section 151 is mechanical in law. c. Reassessment is in violation of Circular/Instruction dated 04.03.2021 as modified on 12.03.2021. 10. The ld AR elaborating on its argument that the reassessment is merely based on 'Change of Opinion', stated that the issue of sale of shares and capital gains

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 151 is mechanical in law. c. Reassessment is in violation of Circular/Instruction dated 04.03.2021 as modified on 12.03.2021. 10. The ld AR elaborating on its argument that the reassessment is merely based on 'Change of Opinion', stated that the issue of sale of shares and capital gains

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 151 is mechanical in law. c. Reassessment is in violation of Circular/Instruction dated 04.03.2021 as modified on 12.03.2021. 10. The ld AR elaborating on its argument that the reassessment is merely based on 'Change of Opinion', stated that the issue of sale of shares and capital gains

UMA SINGAL,NEW DELHI vs. ACIT, CENTRL CIRCLE-3, NEW DELHI

ITA 1484/DEL/2018[2014-15]Status: DisposedITAT Delhi07 Dec 2018AY 2014-15

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri S. K. Tulsiyan, AdvFor Respondent: Shri S S Rana CIT DR
Section 10(38)Section 143Section 153ASection 250Section 68

gain in various companies. Accordingly, he dismissed the appeals of the assessee. The appeal with respect to the appellant are dealt with at page number 458- 477 of the appellate order vide para number 148 – 165 of the order. Therefore, assessee aggrieved with the order of the learned CIT- A has preferred an appeal before us. 10. Before commencing

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

ITA 1481/DEL/2018[2015-16]Status: DisposedITAT Delhi07 Dec 2018AY 2015-16

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri S. K. Tulsiyan, AdvFor Respondent: Shri S S Rana CIT DR
Section 10(38)Section 143Section 153ASection 250Section 68

gain in various companies. Accordingly, he dismissed the appeals of the assessee. The appeal with respect to the appellant are dealt with at page number 458- 477 of the appellate order vide para number 148 – 165 of the order. Therefore, assessee aggrieved with the order of the learned CIT- A has preferred an appeal before us. 10. Before commencing

SMT. RANJANA GARG,NEW DELHI vs. DCIT, NEW DELHI

In the result, the CO of the assessee is allowed and

ITA 2083/DEL/2012[2004-05]Status: DisposedITAT Delhi19 Oct 2016AY 2004-05

Bench: Shri G.D. Agrawal & Shri Sudhanshu Srivastavaranjana Garg, Vs Dcit 141, Sunder Nagar, Central Circle 12, New Delhi. Jhandewalan Aanpg3625Q Extn., New Delhi. Ranjana Garg, Vs Dcit 141, Sunder Nagar, Central Circle 12, New Delhi. Jhandewalan Aanpg3625Q Extn., New Delhi. Acit Vs Amita Garg, Central Circle 12, G-15, Maharani Bagh, New Delhi. New Delhi. Aadpg0990L Acit Vs Amita Garg, Central Circle 12, G-15, Maharani Bagh, New Delhi. New Delhi. Aadpg0990L

Section 153A

section 153A of the I.T. Act. Perusal of the assessment order as quoted above very unambiguously evidences that the additions made by the AO were not based on any incriminating documents. The additions made therefore, were indisputably outside the scope of assessments u/s 153A of the I.T. Act and deserves to be deleted. The Ld. CIT (A) has also

ACIT, NEW DELHI vs. SMT. SEEMA SOBTI, NEW DELHI

In the result, the appeal filed by the Revenue stand dismissed

ITA 5899/DEL/2015[2012-13]Status: DisposedITAT Delhi15 May 2019AY 2012-13

Bench: Sh. H.S. Sidhu & Shri Prashant Maharishiassessment Year: 2012-13

Section 142(1)Section 143(2)Section 143(3)Section 24Section 54Section 54E

capital gains were declared at Rs. 1,09,98,256/-, out of which a sum of Rs. 1 Crore was claimed as a deduction under section 54EC of the Act, by purchase of REC bonds worth Rs. 50 Lakhs each on 31.03.2009 and 30.04.2009. While dismissing the appeal of the Revenue, the High Court affirmed its earlier above-cited decision

ACIT, NEW DELHI vs. SHRI PRADEEP SOBTI, NEW DELHI

In the result, both the 02 appeals filed by the Revenue stand

ITA 5901/DEL/2015[2012-13]Status: DisposedITAT Delhi10 May 2019AY 2012-13

Bench: Sh. H.S. Sidhu & Shri Prashant Maharishiassessment Year: 2012-13

Section 142(1)Section 143(2)Section 143(3)Section 54Section 54E

capital gains were declared at Rs. 1,09,98,256/-, out of which a sum of Rs. 1 Crore was claimed as a deduction under section 54EC of the Act, by purchase of REC bonds worth Rs. 50 Lakhs each on 31.03.2009 and 30.04.2009. While dismissing the appeal of the Revenue, the High Court affirmed its earlier above-cited decision

ACIT, NEW DELHI vs. SHRI AKSHAY SOBTI, NEW DELHI

In the result, both the 02 appeals filed by the Revenue stand

ITA 5900/DEL/2015[2012-13]Status: DisposedITAT Delhi10 May 2019AY 2012-13

Bench: Sh. H.S. Sidhu & Shri Prashant Maharishiassessment Year: 2012-13

Section 142(1)Section 143(2)Section 143(3)Section 54Section 54E

capital gains were declared at Rs. 1,09,98,256/-, out of which a sum of Rs. 1 Crore was claimed as a deduction under section 54EC of the Act, by purchase of REC bonds worth Rs. 50 Lakhs each on 31.03.2009 and 30.04.2009. While dismissing the appeal of the Revenue, the High Court affirmed its earlier above-cited decision

ANU GERA,NEW DELHI vs. ITO, NEW DELHI

Accordingly Ground No. 3 of the Assessee is allowed

ITA 2626/DEL/2017[2009-10]Status: DisposedITAT Delhi05 Apr 2023AY 2009-10

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar Us

For Appellant: Ms. Rano Jain, Advocate &For Respondent: Shri Kanv Bali, Sr. D. R
Section 143(1)Section 45Section 54

Section 54(1) of the Act in the facts of the case does not deserve acceptance." 12. In the case of Tilokchand & Sons vs. ITO (2019) reported in 105 taxman.com 151 (Madras), the Hon'ble Madras High Court has held that where the assessee HUF sold its residential house and invested capital gain