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2,913 results for “capital gains”+ Section 17(5)(d)clear

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Key Topics

Addition to Income62Section 143(3)47Deduction25Section 6824Disallowance22Section 14720Section 14818Section 14A18Section 69A16Section 69C

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)

section 5 and the third proviso thereto: "5. This Act shall apply to every business of which any part of the profits made during the chargeable accounting period is Mr. Nikhil Sawhney chargeable to income-tax by virtue of the provisions of sub- clause (i) or sub-clause (ii) of clause (b) of sub-section (1) of section

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

In the result, appeal of the assessee is dismissed

Showing 1–20 of 2,913 · Page 1 of 146

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15
Long Term Capital Gains13
Section 143(2)12
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

d) Schrader Duncan Ltd. Vs Additional Commissioner of Income-tax, Spl. Rg. 10(300, 18 Taxmann.com287(Mumbai Tribunal)- As per provisions of section 10(33), source viz., transfer of capital asset being units of US 64 Scheme itself has been excluded and not capital gain arising on said transfer alone; as held by the ITAT in the above quoted decision

DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

ITA 2021/DEL/2017[2009-10]Status: DisposedITAT Delhi14 Jun 2019AY 2009-10

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

5. Facts for assessment year 2009 – 10 in case of Mrs. Radhika Roy shows that assessee is an individual who filed her return of income for Rs. 1,66,61,534/– on 31/7/2009 and it was processed on 22/2/2011 under section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income

DCIT, NEW DELHI vs. DR. PRANNOY ROY, NEW DELHI

ITA 2707/DEL/2017[2010-11]Status: DisposedITAT Delhi14 Jun 2019AY 2010-11

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

5. Facts for assessment year 2009 – 10 in case of Mrs. Radhika Roy shows that assessee is an individual who filed her return of income for Rs. 1,66,61,534/– on 31/7/2009 and it was processed on 22/2/2011 under section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

ITA 2019/DEL/2017[2009-10]Status: DisposedITAT Delhi14 Jun 2019AY 2009-10

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

5. Facts for assessment year 2009 – 10 in case of Mrs. Radhika Roy shows that assessee is an individual who filed her return of income for Rs. 1,66,61,534/– on 31/7/2009 and it was processed on 22/2/2011 under section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

ITA 2020/DEL/2017[2010-11]Status: DisposedITAT Delhi14 Jun 2019AY 2010-11

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

5. Facts for assessment year 2009 – 10 in case of Mrs. Radhika Roy shows that assessee is an individual who filed her return of income for Rs. 1,66,61,534/– on 31/7/2009 and it was processed on 22/2/2011 under section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income

DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

ITA 2022/DEL/2017[2010-11]Status: DisposedITAT Delhi14 Jun 2019AY 2010-11

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

5. Facts for assessment year 2009 – 10 in case of Mrs. Radhika Roy shows that assessee is an individual who filed her return of income for Rs. 1,66,61,534/– on 31/7/2009 and it was processed on 22/2/2011 under section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income

DCIT, NEW DELHI vs. MRS. RADHIKA ROY, NEW DELHI

ITA 2706/DEL/2017[2010-11]Status: DisposedITAT Delhi14 Jun 2019AY 2010-11

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

5. Facts for assessment year 2009 – 10 in case of Mrs. Radhika Roy shows that assessee is an individual who filed her return of income for Rs. 1,66,61,534/– on 31/7/2009 and it was processed on 22/2/2011 under section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income

ACIT, NEW DELHI vs. M/S. PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

ITA 5054/DEL/2015[2011-12]Status: DisposedITAT Delhi20 Aug 2018AY 2011-12

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

For Appellant: Ms. Paramita Tripathi, CIT-DRFor Respondent: Shri M.P. Rastogi, Adv
Section 10(38)Section 111ASection 143(3)Section 14A

D. Trivedi (HUF) (2017) 87 taxmann.com 137 which was precisely on this issue that if the intention of the assessee at the time of purchase is of investor and held as investment then any action arising out of transfer of shares should be treated as capital gains. This judgment of Hon'ble Gujarat High Court has now been affirmed

DCIT, NEW DELHI vs. M/S. PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

ITA 820/DEL/2013[2009-10]Status: DisposedITAT Delhi20 Aug 2018AY 2009-10

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

For Appellant: Ms. Paramita Tripathi, CIT-DRFor Respondent: Shri M.P. Rastogi, Adv
Section 10(38)Section 111ASection 143(3)Section 14A

D. Trivedi (HUF) (2017) 87 taxmann.com 137 which was precisely on this issue that if the intention of the assessee at the time of purchase is of investor and held as investment then any action arising out of transfer of shares should be treated as capital gains. This judgment of Hon'ble Gujarat High Court has now been affirmed

ACIT, NEW DELHI vs. M/S PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

ITA 3078/DEL/2011[2008-09]Status: DisposedITAT Delhi20 Aug 2018AY 2008-09

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

For Appellant: Ms. Paramita Tripathi, CIT-DRFor Respondent: Shri M.P. Rastogi, Adv
Section 10(38)Section 111ASection 143(3)Section 14A

D. Trivedi (HUF) (2017) 87 taxmann.com 137 which was precisely on this issue that if the intention of the assessee at the time of purchase is of investor and held as investment then any action arising out of transfer of shares should be treated as capital gains. This judgment of Hon'ble Gujarat High Court has now been affirmed

COMMISSIONER OF INCOME TAX vs. ECE INDUSTRIES LTD.

ITA/417/2007HC Delhi24 Dec 2010

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SURESH KUMAR KAIT

Section 50Section 50(2)

gain arising to a non-resident from the transfer of ITA Nos.417 of 2007 & 1069 of 2007 Page 14 of 22 shares in, or debentures of, an Indian company referred to in the first proviso, the provisions of Clause (ii) shall have effect as if for the words "cost of acquisition" and "cost of any improvement", the words "indexed cost

SUPERB MIND HOLDING LTD. ,NEW DELHI vs. ACIT CIRCLE INT TAX 3(1)(2), NEW DELHI

In the result, appeal of the assessee is allowed

ITA 1568/DEL/2022[2018-19]Status: DisposedITAT Delhi05 Mar 2024AY 2018-19

Bench: Shri G.S. Pannu, Hon’Ble & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.1568/Del/2022 िनधा"रणवष"/Assessment Year: 2018-19

Section 112Section 143(3)Section 144C(5)

D E R PER C.N. PRASAD, J.M. This appeal is filed by the assessee against the assessment order dated 17.05.2022 u/s 143(3) r.w.s. 144C(13) for the AY 2018-19 pursuant to the directions of the DRP order dated 25.04.2022 passed u/s 144C(5) of the Act. The assessee in its appeal raised the following grounds: - I.T.A.No.1568/Del/2022

NEELU ANALJIT SINGH,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE-9, NEW DELHI

In the result, appeal filed by the assessee is partly allowed with above directions

ITA 2172/DEL/2018[2014-15]Status: DisposedITAT Delhi19 Dec 2019AY 2014-15

Bench: Shri H. S. Sidhu & Shri Prashant Maharishimrs. Neelu Analjit Singh, Vs. The Addl. Commissioner Of 15, Dr. Apj Abdul Kalam Road, Income Tax , New Delhi Special Range-9, Pan: Aatps06882D New Delhi (Appellant) (Respondent)

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Mr. Zoheb Hussain, Senior
Section 2Section 45

17 (9,190) - 2 .2013 months Scorpio Beverages Pvt. 01.04.201 21.03 23 8251,259,702 Ltd. 2 .2014 months Capital Gain 825,12,22,94 Mrs. Neelu Analjit Singh, Vs The Additional CIT , New Delhi 2 The AO, required the assessee to explain as to why the sale of shares of SBPL should not be taxed as short term capital

Commissioner of Income Tax vs. ECE Industries Limited

ITA-417/2007HC Delhi24 Dec 2010
Section 50Section 50(2)

5,60,76,607/- Capital Gain: `36,89,23,393/-“ 9. Learned counsel for the Revenue submitted that whether it was a slump sale or not was of no consequence and therefore, various case laws cited by the assessee in support of this proposition were not applicable. The learned counsel referred to the judgment in the case of Commonwealth Trust

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

5: Compensation taxable as long-term capital gains is a capital receipt not liable to tax in the hands of the appellant. The amount of Rs.33.55 crores received as compensation could partake the character of long term capital gains since the compensation so received could at 14 best, be attributed to the right/ entitlement of the appellant to the carry

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

ITA/602/2011HC Delhi19 Apr 2012

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

Section 260ASection 50

D relating to profit and gains of business or profession. Reference was made to Section 32, which provides for deduction of depreciation in respect of block of assets at such percentage as is prescribed provided the asset is owned by the assessee and was used for the purpose of business. Section 50 of the Act was referred

CIT vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

ITA - 601 / 2011HC Delhi19 Apr 2012
Section 260ASection 50

D relating to profit and gains of business or profession. Reference was made to Section 32, which provides for deduction of depreciation in respect of block of assets at such percentage as is prescribed provided the asset is owned by the assessee and was used for the purpose of business. Section 50 of the Act was referred

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

ITA - 602 / 2011HC Delhi19 Apr 2012
Section 260ASection 50

D relating to profit and gains of business or profession. Reference was made to Section 32, which provides for deduction of depreciation in respect of block of assets at such percentage as is prescribed provided the asset is owned by the assessee and was used for the purpose of business. Section 50 of the Act was referred

ITA Nos. 601/2011 & 602/2011 vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD.

The appeals are disposed of

ITA/601/2011HC Delhi19 Apr 2012
Section 260ASection 50

D relating to profit and gains of business or profession. Reference was made to Section 32, which provides for deduction of depreciation in respect of block of assets at such percentage as is prescribed provided the asset is owned by the assessee and was used for the purpose of business. Section 50 of the Act was referred