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446 results for “capital gains”+ Section 183clear

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Key Topics

Section 14751Section 143(3)40Addition to Income29Section 115J20Section 14817Disallowance17Section 80I15Section 26315Section 15111Depreciation

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

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)

capital gains on the shares which were acquired in 2008 and sold in 2011, which is much before 1 April 2017, is unsustainable and bad in law. V. The Assessee is not a resident of India as its control & management is not situated wholly in India: a. Residential status of an assessee is required to be determined every year

EMERGING INDIA FOCUS FUNDS,MAURITIUS vs. ACIT, CIRCLE INT. TAXATION 1(2)(2), DELHI

ITA 1963/DEL/2025[2022-23]Status: Disposed

Showing 1–20 of 446 · Page 1 of 23

...
11
Section 6810
Deduction10
ITAT Delhi
25 Jun 2025
AY 2022-23

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri Abhishek Sharma, CIT-DR
Section 143(2)Section 143(3)

capital gains on redemption of mutual fund units acquired on or after 1 April 2017 i.e. INR 183,74,01,322 (65% of INR 282,67,71,265) shall be considered long-term in nature and taxable at 10% plus applicable surcharge and cess as per section

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

ITA 901/DEL/2017[2012-13]Status: DisposedITAT Delhi08 Oct 2025AY 2012-13

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri G.C. Srivastava, Spl. Counsel for the Department
Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 14ASection 32Section 35Section 43B

Capital Gain/Short Term Capital Loss or any other sham transactions. " Similarly, the clarification for unlisted shares states: "It is, however, clarified that the above would not be necessarily applied in the situation where: (i) the genuineness of the transaction in unlisted shares itself is questionable; or (ii) the transfer of unlisted shares is related to an issue pertaining to lifting

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

ITA 1024/DEL/2016[2011-12]Status: DisposedITAT Delhi08 Oct 2025AY 2011-12

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri G.C. Srivastava, Spl. Counsel for the Department
Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 14ASection 32Section 35Section 43B

Capital Gain/Short Term Capital Loss or any other sham transactions. " Similarly, the clarification for unlisted shares states: "It is, however, clarified that the above would not be necessarily applied in the situation where: (i) the genuineness of the transaction in unlisted shares itself is questionable; or (ii) the transfer of unlisted shares is related to an issue pertaining to lifting

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

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahman

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

capital gains on the shares which were acquired in 2008 and sold in 2011, which is much before 1 April 2017, is unsustainable and bad in law. V. The Assessee is not a resident of India as its control & management is not situated wholly in India: a. Residential status of an assessee is required to be determined every year

SAKET KANOI,GURGAON vs. DCIT INTL. TAXATION, GURGAON

In the result, the appeal of the assessee is allowed

ITA 3243/DEL/2023[2021-22]Status: DisposedITAT Delhi23 Oct 2024AY 2021-22

Bench: Dr. B. R. R. Kumar, Sh. Yogesh Kumar Us

For Appellant: Sh. Sunny Jain, CAFor Respondent: Sh. Vizay B. Vasanta, CIT-DR
Section 143(3)

gains from alienation of movable or immovable property as well as on capital appreciation. 2. The existing taxes to which the Agreement shall apply are; (a) In United Arab Emirates: (i) Income tax; (ii) Corporation tax; (iii) Wealth-tax (hereinafter referred to as “U.A.E. tax”) 3. This Agreement shall also apply to any identical or substantially similar taxes on income

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

section 54F of the Act. Further, Ld. CIT(A) confirmed the addition in impugned order dated 09.08.2024. Hence the present appeal. The case of the assessee is that she sold shares on 20.12.2012 and deposited capital gain in bank account under capital gain scheme and further she started construction of a residential property. For this purpose, she purchased a residential

CONTINENTAL CONSTRUCTION LTD.,NEW DELHI vs. ACIT, NEW DELHI

Appeal is dismissed

ITA 4710/DEL/2010[1995-96]Status: DisposedITAT Delhi23 Sept 2020AY 1995-96

Bench: Ms Suchitra Kamble & Shri P. Maharishi & Vs Continental Construction Acit, Ltd, 28, Nehru Place, Circle – 3(1), New Delhi – 110019. Room No.390, C.R. Building, (Pan: Aaacc 2309 R) Indraprastha Estate, New Delhi (Appellant) (Respondent) & Vs Acit, Continental Construction Ltd, Circle – 3(1), 28, Nehru Place, New Delhi – 110019. Room No.390, C.R. (Pan: Aaacc 2309 R) Building, Indraprastha Estate, New Delhi (Appellant) (Respondent) Appellant By Shri Subodh Gupta, Fca Respondent By Ms. Nidhi Srivastava, Cit-D.R. Date Of Hearing 14.08.2020 Date Of Pronouncement 23.09.2020

183,894/- 8. On facts & circumstances of the case and in law, lower authorities have erred in disallowing the transit and mess expenses merely on the basis of its accounting head as ‘Guest House Expenses’ on the basis of Tax Audit Report, in total disregard to the submissions of the assessee. General: 9. The lower authorities have acted arbitrarily

SAHIWAL INVESTMENT & TRADING CO.,NEW DELHI vs. ITO, NEW DELHI

Appeal is allowed

ITA 4913/DEL/2015[2006-07]Status: DisposedITAT Delhi18 Jul 2018AY 2006-07

Bench: Shri R.K. Panda & Ms. Suchitra Kamblesahiwal Investment & Trading Vs Ito Co., Ward 22(2) 4Th Floor, Punjabi Bhawan, New Delhi. 10, Rouse Avenue, New Delhi. Pan No. Aaacs0017J Appellant Respondent

Section 143(3)Section 271Section 271(1)Section 271(1)(c)Section 275(1)(a)Section 32Section 50

capital gain, in respect of building in view of the provision of Section 50 of the Act as directed by the ITAT. In other words, the very foundation based on which the proceeding u/s 271(1)(c) of the Act was initiated at the time of original assessment in his order dated 6 27.11.2008, has been totally substituted

ACIT, JAMMU vs. SH M.K. AJAT SHATRU, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 263/ASR/2003[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

capital gain and the 64 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, value of an assets which is to be estimated u/s 7 of the Wealth Tax Act; (f) That fair market value has not been defined under the Wealth Tax Act, whereas the same has been define

ACIT, JAMMU vs. DR KARAN SINGH, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 267/ASR/2007[1998-99\u005cu005cu005cu005cu005cu005cu005cu005c]Status: DisposedITAT Delhi24 Jan 2022

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

capital gain and the 64 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, value of an assets which is to be estimated u/s 7 of the Wealth Tax Act; (f) That fair market value has not been defined under the Wealth Tax Act, whereas the same has been define

ACIT, JAMMU vs. SH VIKRAMADITYA SINGH, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 269/ASR/2007[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

capital gain and the 64 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, value of an assets which is to be estimated u/s 7 of the Wealth Tax Act; (f) That fair market value has not been defined under the Wealth Tax Act, whereas the same has been define

ACIT, CIR-II, JAMMU vs. SMT. YASHORAJYA LAXMI, JAMMU

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 268/ASR/2007[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

capital gain and the 64 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, value of an assets which is to be estimated u/s 7 of the Wealth Tax Act; (f) That fair market value has not been defined under the Wealth Tax Act, whereas the same has been define

M/S. HERO MOTOCORP LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 6282/DEL/2015[2005-06]Status: DisposedITAT Delhi13 Apr 2021AY 2005-06

Bench: Shri Sudhanshu Srivastava & Shri O.P. Kantassessment Year: 2005-06

Section 14ASection 32(1)(iia)Section 80I

capital management, financial risk management and funds deployment (investments). Investment is only one of the functions performed by them. The Ld. AR submitted that the aforesaid investments did not involve any expenditure on account of administrative or other managerial expenses and that any portion of such expenses, if at all, Hero Motorcorp Ltd. vs. ACIT & DCIT is to be attributed

DCIT, NEW DELHI vs. M/S. HERO HONDA MOTORS LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 6302/DEL/2015[2005-06]Status: DisposedITAT Delhi13 Apr 2021AY 2005-06

Bench: Shri Sudhanshu Srivastava & Shri O.P. Kantassessment Year: 2005-06

Section 14ASection 32(1)(iia)Section 80I

capital management, financial risk management and funds deployment (investments). Investment is only one of the functions performed by them. The Ld. AR submitted that the aforesaid investments did not involve any expenditure on account of administrative or other managerial expenses and that any portion of such expenses, if at all, Hero Motorcorp Ltd. vs. ACIT & DCIT is to be attributed

MUKESH MITTAL,NEW DELHI vs. ITO, WARD-41(1), NEW DELHI

ITA 761/DEL/2020[2014-15]Status: DisposedITAT Delhi26 Mar 2021AY 2014-15
Section 10(38)Section 11(1)Section 11(4)Section 11BSection 133(6)Section 143(1)Section 19

183 Limited (Claimed exempt u/s 10(38) ii) 2014-15 SBI Magna 10.5.2013 45,06,452 2.5.2013 45,00,000 6,452 (other Insta Cash (Short term capital than gain) script SBI Premier 4.7.2013 2,30,79,18 -- 2,30,00,00 791,88 under Liquid Fund 8 0 (Short term capital considerat gain) ion) V&K Software

SUNIL BEDI,NEW DELHI vs. CIT, GURGAON

In the result, all the 03 appeals filed by the Assessee

ITA 2871/DEL/2013[2006-07]Status: DisposedITAT Delhi27 Oct 2017AY 2006-07

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

For Appellant: Sh. Rajan Bhatia, Adv. & Sh. S.S. Kalra, CAFor Respondent: Sh. S.S. Rana, CIT(DR)
Section 10Section 263Section 68

183/-. However, the assessment record of Sh. Sunil Bedi showed the following:- Capital gains Long Term Capital Gain Sale of land Sale consideration 2,500,050.00 Less: Indexed Cost of Acquisition (1558033.00) 942,017.00 14.1 The AO observed that indexed cost has been worked out by adopting value of Rs. 9,90,000/- as price and applying index

PINKI BEDI,NEW DELHI vs. DCIT, FARIDABAD

In the result, all the 03 appeals filed by the Assessee

ITA 2872/DEL/2013[2005-06]Status: DisposedITAT Delhi27 Oct 2017AY 2005-06

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

For Appellant: Sh. Rajan Bhatia, Adv. & Sh. S.S. Kalra, CAFor Respondent: Sh. S.S. Rana, CIT(DR)
Section 10Section 263Section 68

183/-. However, the assessment record of Sh. Sunil Bedi showed the following:- Capital gains Long Term Capital Gain Sale of land Sale consideration 2,500,050.00 Less: Indexed Cost of Acquisition (1558033.00) 942,017.00 14.1 The AO observed that indexed cost has been worked out by adopting value of Rs. 9,90,000/- as price and applying index

SUNIL BEDI,NEW DELHI vs. CIT, GURGAON

In the result, all the 03 appeals filed by the Assessee

ITA 2873/DEL/2013[2005-06]Status: DisposedITAT Delhi27 Oct 2017AY 2005-06

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

For Appellant: Sh. Rajan Bhatia, Adv. & Sh. S.S. Kalra, CAFor Respondent: Sh. S.S. Rana, CIT(DR)
Section 10Section 263Section 68

183/-. However, the assessment record of Sh. Sunil Bedi showed the following:- Capital gains Long Term Capital Gain Sale of land Sale consideration 2,500,050.00 Less: Indexed Cost of Acquisition (1558033.00) 942,017.00 14.1 The AO observed that indexed cost has been worked out by adopting value of Rs. 9,90,000/- as price and applying index

HERO MOTOCORP LTD (AS SUCCESSOR OF HERO INVESTMENT P.LTD),NEW DELHI vs. DCIT, CIRCLE 11(1), NEW DELHI

The appeal is allowed

ITA 1053/DEL/2023[2011-12]Status: DisposedITAT Delhi24 Jul 2024AY 2011-12

Bench: Shri G.S. Pannu & Shri Anubhav Sharmaassessment Year: 2011-12

Section 143(3)

gains computed as aforesaid. Though the question before AAR was only with regard to rate of tax applicable, the larger issue was certainly if the stock was valued appropriately. Thus to our mind the 16 quoted price of shares Rs.1439 of the JV company was not comparable with the price paid to Honda for acquisition of shares