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45 results for “capital gains”+ Section 194Cclear

Sorted by relevance

Mumbai72Delhi45Ahmedabad23Bangalore21Raipur19Jaipur11Indore8Cuttack7Hyderabad7Chennai4Kolkata4Rajkot3Surat2Nagpur2Pune2Cochin1Amritsar1Agra1

Key Topics

Section 143(3)29Addition to Income27Deduction24Disallowance18Section 14A12Section 4010Transfer Pricing10TDS7Section 1486Section 143(2)

MUKUL ROHATGI,NEW DELHI vs. ACIT CIRCLE 61(1), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 2427/DEL/2025[2020-21]Status: DisposedITAT Delhi16 Feb 2026AY 2020-21

Bench: Shri Mahavir Singh & Shri Manish Agarwal

For Respondent: Shri Sachit Jolly, Senior Advocate
Section 112ASection 143(3)Section 144BSection 14ASection 24Section 263

194C on payments aggregating to ₹9,20,765/-, but has not initiated penalty proceedings under Section 271C of the Act in the assessment order. Accordingly, the PCIT directed that the penalty under Section 271C of the Act has to be initiated which resulted in loss of revenue of *18,415/- rendering the assessment order erroneous insofar as is prejudicial

Showing 1–20 of 45 · Page 1 of 3

5
Section 142(1)5
Section 143(1)5

COMMISSIONER OF INCOME TAX vs. CAREER LAUNCHER INDIA LTD

In the result, the first three substantial questions of law in ITA

ITA/939/2010HC Delhi19 Apr 2012
Section 194CSection 260ASection 36(1)(ii)Section 36(1)(iii)Section 40

capital expenditure. It is part of the price paid for the Noida land; it is an adjunct to the price and hence part of it. It is therefore not allowable as a deduction under Section 37(1). 13. We accordingly answer the substantial questions of law No.2 for the assessment year 2004-05 and No.IV for the assessment year

ACIT, NEW DELHI vs. M/S. GUPTAJEE & COMPANY, DELHI

Accordingly, Cross Objection No. 7/Del/2016 and the Appeal in ITA No.\n4761/Del/2015 filed by the Assessee are dismissed

ITA 5168/DEL/2015[2011-12]Status: DisposedITAT Delhi23 Jan 2026AY 2011-12
Section 143(1)Section 143(3)Section 40Section 50C

194C", "Section 14A" ], "issues": "Whether the multiplicative factor of '1' applicable to agricultural/residential land should be applied for capital gains

BSC C&C JOINT VENTURE,NEW DELHI vs. DCIT, CIRCLE-61(1), NEW DELHI

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

ITA 2284/DEL/2022[2018-19]Status: DisposedITAT Delhi06 Feb 2024AY 2018-19

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

For Appellant: Sh. Tarandeep Singh, AdvFor Respondent: Sh. Vivek Kumar Upadhyay, Sr. DR
Section 143(3)Section 234BSection 40Section 801A(4)(i)Section 80I

gains derived from an undertaking shall not be admissible unless the accounts of the undertaking for the previous year relevant to the assessment year for which the deduction is claimed have been audited by an accountant, as defined in the Explanation below sub- section (2) of section 288, and the assessee furnishes, along with his return of income, the report

BSC C&C JOINT VENTURE,NEW DELHI vs. DCIT CIRCLE-61(1),, NEW DELHI

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

ITA 2283/DEL/2022[2017-18]Status: DisposedITAT Delhi03 Nov 2023AY 2017-18

Bench: Shri M Balaganesh & Ms. Astha Chandraasstt. Year: 2017-18

For Appellant: Shri Tarandeep Singh, CAFor Respondent: Shri Rajesh Kumar, CIT(DR)
Section 143(1)Section 143(3)Section 40Section 801A(4)(i)Section 80I

gains derived from an undertaking shall not be admissible unless the accounts of the undertaking for the previous year relevant to the assessment year for which the deduction is claimed have been audited by an accountant, as defined in the Explanation below sub- section (2) of section 288, and the assessee furnishes, along with his return of income, the report

ADDL. CIT, SPECIAL RANGE- 7, NEW DELHI vs. PTC INDIA FINANCIAL SERVICES LTD, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

ITA 7433/DEL/2017[2014-15]Status: DisposedITAT Delhi29 Nov 2023AY 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 234BSection 36(1)(viii)Section 37

capital and, hence, the gain or loss relating to its appreciation or depreciation is to be treated as on revenue account, ie, income or expenditure, as the case may be. The question is: Whether, for purposes of computing total income under the Income tax Act, such income or loss has to be allowed as deduction on year-to- year basis

ACIT, NEW DELHI vs. M/S. PTC INDIA FINANCIAL SERVICES LTD., NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

ITA 2175/DEL/2017[2013-14]Status: DisposedITAT Delhi29 Nov 2023AY 2013-14

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 234BSection 36(1)(viii)Section 37

capital and, hence, the gain or loss relating to its appreciation or depreciation is to be treated as on revenue account, ie, income or expenditure, as the case may be. The question is: Whether, for purposes of computing total income under the Income tax Act, such income or loss has to be allowed as deduction on year-to- year basis

PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, CIRCLE- 19(2), NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

ITA 7273/DEL/2017[2014-15]Status: DisposedITAT Delhi29 Nov 2023AY 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 234BSection 36(1)(viii)Section 37

capital and, hence, the gain or loss relating to its appreciation or depreciation is to be treated as on revenue account, ie, income or expenditure, as the case may be. The question is: Whether, for purposes of computing total income under the Income tax Act, such income or loss has to be allowed as deduction on year-to- year basis

M/S. PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

ITA 2162/DEL/2017[2013-14]Status: DisposedITAT Delhi29 Nov 2023AY 2013-14

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 234BSection 36(1)(viii)Section 37

capital and, hence, the gain or loss relating to its appreciation or depreciation is to be treated as on revenue account, ie, income or expenditure, as the case may be. The question is: Whether, for purposes of computing total income under the Income tax Act, such income or loss has to be allowed as deduction on year-to- year basis

M/S. GUPTAJEE & CO.,DELHI vs. JCIT, NEW DELHI

Accordingly, we\ndismiss the Appeal in ITA No. 5168/Del/2015 filed by the Revenue.\n13. Since, we have dismissed the appeal of the Revenue in ITA No

ITA 4761/DEL/2015[2011-12]Status: DisposedITAT Delhi23 Jan 2026AY 2011-12
Section 143(1)Section 143(3)Section 40Section 50C

capital gains. The Assessing Officer (AO) applied a multiplicative factor of '3' under Section 50C for commercial land valuation, making an addition of Rs. 21,13,44,015. The Commissioner of Income Tax (Appeals) deleted this addition, holding the multiplicative factor of '1' applicable for agricultural/residential property.", "held": "The Tribunal held that as long as the revenue records classify

SHRI MALKIAT SINGH,DELHI vs. CIT(APPEAL), DELHI

In the result, this appeal of assessee is allowed

ITA 4366/DEL/2025[2017-18]Status: DisposedITAT Delhi08 Oct 2025AY 2017-18

Bench: Shri Mahavir Singhshri Malkiat Singh, Vs.Ito, Ward 45(1), Wz 46/3B, Krishna Puri, New Delhi Gali No. 1, Tilak Nagar, Delhi – 110 018 (Pan:Bsrps2158H) (Appellant) (Respondent) Appellant By : Sh. P.K. Bansal, Adv. & Sh. Tarun Sharma, Ca Respondent By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 09.09.2025 Date Of Pronouncement 08.10.2025 Order

For Appellant: Sh. P.K. Bansal, Adv. & Sh. Tarun Sharma, CAFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 1Section 139(1)Section 147Section 148Section 148ASection 149Section 149(1)(a)Section 149(1)(b)Section 194C

capital gain. Originally notice under section 148A(b) dated 09.02.2024 was issued stating therein that the income had escaped the assessment as per the provisions of Section 147 of Income Tax Act, 1961 in respect of sale, purchase of properties and contractual receipts as under:- - Sale of immovable property Rs. 1,02,45,000/- - Purchase of immovable property

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

ITA 713/DEL/2024[2019-20]Status: DisposedITAT Delhi30 Oct 2025AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

gain as well on such project during this year itself. This appears to be in consonance with principle of matching cost and revenue as well. However, in the projected scenario of this case after taking stock of the entire situation, we are of the opinion that it is not necessary to conclusively answer the aforesaid questions formulated. It is because

DLF LIMITED,DELHI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, appeal of the Revenue is dismissed

ITA 676/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Oct 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

gain as well on such project during this year itself. This appears to be in consonance with principle of matching cost and revenue as well. However, in the projected scenario of this case after taking stock of the entire situation, we are of the opinion that it is not necessary to conclusively answer the aforesaid questions formulated. It is because

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

ITA 715/DEL/2024[2021-22]Status: DisposedITAT Delhi30 Oct 2025AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

gain as well on such project during this year itself. This appears to be in consonance with principle of matching cost and revenue as well. However, in the projected scenario of this case after taking stock of the entire situation, we are of the opinion that it is not necessary to conclusively answer the aforesaid questions formulated. It is because

DLF LIMITED,DELHI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, appeal of the Revenue is dismissed

ITA 677/DEL/2024[2021-22]Status: DisposedITAT Delhi30 Oct 2025AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

gain as well on such project during this year itself. This appears to be in consonance with principle of matching cost and revenue as well. However, in the projected scenario of this case after taking stock of the entire situation, we are of the opinion that it is not necessary to conclusively answer the aforesaid questions formulated. It is because

DCIT, CIRCLE-7(1), DELHI vs. DLF LIMITED, DELHI

In the result, appeal of the Revenue is dismissed

ITA 714/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Oct 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

gain as well on such project during this year itself. This appears to be in consonance with principle of matching cost and revenue as well. However, in the projected scenario of this case after taking stock of the entire situation, we are of the opinion that it is not necessary to conclusively answer the aforesaid questions formulated. It is because

DCIT, CIRCLE-19(2), NEW DELHI vs. PERSONIV CONTACT CENTRES INDIA PVT LTD ( FORMELY KNOWN AS JOHN KEELS BPO SOLUTIONS PVT. LTD.), GURGAON

In the result, the appeal of the Revenue stands dismissed

ITA 7295/DEL/2019[2016-17]Status: DisposedITAT Delhi22 Feb 2023AY 2016-17
For Appellant: Shri Pulkit Saini, AdvocateFor Respondent: Shri K.K. Mishra, Senior DR
Section 143(3)Section 40Section 9(1)(vii)

gainfully refer to the order of ld. 4 ITA No.7295/Del./2019 CIT(A) dated 12.07.2018 for AY 2013-14, reproduced by the ld. CIT(A) in his order, as under : "4.3. The main submission of the appellant was that the payment made is not subject to section 195 as it does not involve in income component arising

PTC INDIA FINANCIAL SERVICES LTD,NEW DELHI vs. DCIT, CIRCLE- 19(1) & (2), NEW DELHI

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

ITA 5051/DEL/2017[2012-13]Status: DisposedITAT Delhi09 May 2023AY 2012-13
For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri T. Kipgen, CIT DR
Section 143(1)Section 14A

194C @ 2%. 11. Before the ld. CIT (A), assessee stated that section 40(a)(i) is attracted where tax has not been deducted at soruce or after deduction the same has not been paid as per provisions of the subject section. Considering the above, ld. CIT (A) held that it is not the case of the AO that

M/S. PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

ITA 4985/DEL/2017[2012-13]Status: DisposedITAT Delhi09 May 2023AY 2012-13
For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri T. Kipgen, CIT DR
Section 143(1)Section 14A

194C @ 2%. 11. Before the ld. CIT (A), assessee stated that section 40(a)(i) is attracted where tax has not been deducted at soruce or after deduction the same has not been paid as per provisions of the subject section. Considering the above, ld. CIT (A) held that it is not the case of the AO that

INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 10(1), DELHI, DELHI

ITA 2569/DEL/2024[2013-14]Status: DisposedITAT Delhi31 Dec 2025AY 2013-14

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

For Appellant: Sh. Rohit Jain, AdvFor Respondent: Sh. Mukesh Kumar Jha, CIT, DR
Section 143(3)

gain settlement of such contracts is operating in nature and was rightly offered to tax as business income. 14.1 In fact, as a matter of practice, gain/loss on interest rate swap has always been considered by the assessee for the purpose of determination of P a g e | 24 ITA Nos. 2566 to 2573 & 2910 to 2917/Del/2024 Indian Renewable Energy