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385 results for “capital gains”+ Section 249(4)clear

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Key Topics

Addition to Income52Section 143(3)45Section 14735Disallowance30Section 14A28Section 143(2)27Section 80I27Deduction26Section 14822Section 92C

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)

capital gains, and under the Indian Income-tax Act, 1922 (pages 124, 125) : "From the charging provisions of the Act, it is discernible that the words 'income' or 'profits and gains' should be understood as including losses also, so that, in one sense 'profits and gains' represent 'plus income' whereas losses represent 'minus income'*. In * CIT v. Karamchand Premchand

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

Showing 1–20 of 385 · Page 1 of 20

...
20
Section 153C20
Depreciation17

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

capital asset, being an equity share in a company or a unit of an equity oriented fund where— (a) the transaction of sale of such equity share or unit is entered into on or after the date on which Chapter VII of the Finance (No. 2) Act, 2004 comes into force3; and (b) such transaction is chargeable to securities transaction

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

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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)

4( 1) of the Indo Mauritius Treaty read with Section 6(3) of the IT Act India read with Article 4(3) of the Treaty 26 (II) Judicial Dicta on tests for “control and management of affairs 223-239 situated wholly in India” 27 (III) Case of Dual Residence under the Treaty-Applicability of 235-239 Article 4

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

4 acknowledged by the Cinepolis group vide e-mail dated 08.10.2007 (page 163 of the paperbook). 6.1 Considering the aforesaid, CIPL was incorporated under the Companies Act, 1956 on 06.11.2007 and as agreed the appellant and Mr. Deepak Marda were appointed as Joint Managing Directors of CIPL. Also, Mr. Deepak Marda was allotted 10,000 equity shares and the remaining

VIKRAM SINGH,GAUTAM BUDH NAGAR vs. ITO WARD - 2(5), NOIDA

The appeal is allowed for statistical purposes

ITA 6559/DEL/2019[2010-11]Status: DisposedITAT Delhi21 Feb 2023AY 2010-11

Bench: Shri G.S. Pannu, Hon‟Ble & Shri Anubhav Sharmavikram Singh, Vs. Ito, C/O. Chaman Singh, B-6 Ward-2(5), (Basement) Js Arcade, Near Noida Bikanerwala, Opp. Metro Pillar No. 65, Sector-18, Noida, Gautam Budh Nagar, Up (Appellant) (Respondent) Pan: Jmlps3035M

For Appellant: Shri Rajat Garg, CAFor Respondent: Shri Mrinal Kumar Dass, Sr. DR
Section 133(6)Section 142(1)Section 144Section 147Section 148Section 2(14)Section 207Section 249(4)Section 249(4)(b)Section 250

capital gain of Rs. 1,31,17,537/- was added to the income of the Assessee. As it was challenged in appeal before the ld CIT(A), the ld First Appellate Authority did not decide the appeal on merits but passed the impugned order by dismissing the appeal for non compliance of mandatory provision of section 249(4

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

4,100 Original Shares and 15,67,64,689 Rights Shares) was Rs.997,92,44,200and the long term capital gains on sale of SBPL shares amounting to Rs.7,82,92,66,249 was offered to tax under section

RAJ KUMAR,NEW DELHI vs. ITO,WARD-58(4), DELHI

In the result, the appeal of the assessee is allowed

ITA 3092/DEL/2024[2017-18]Status: DisposedITAT Delhi11 Jun 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amitabh Shukla

For Appellant: Shri Sandeep Sapra, Advocate
Section 143(3)Section 46ASection 48Section 54

249 (1st Floor), Preet Vihar, Delhi purchased vide registered sale deed dated 13/10/2017 against sale of old residential house B – 131, sector – 5, Noida on 06/02/2017 for Rs.1,60,00,000/-. The Ld. Counsel invited reference to para 6 of the assessment order are reproduced below: “As evident from above, assessee’s share in the property purchased on 13/10/2017 comes

GYANENDRA BANSAL vs. UOI & ORS.

The appeals are allowed but in the circumstances with order as to costs

ITA/138/2004HC Delhi28 Apr 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

Section 260A

4 of 23 vii) Immediately after handing over the possession of the plot to the appellants the respondent Nos. 2 and 5, namely, Girish Bansal & Gyanendra Bansal are permitted to withdraw the amount of Rs.20 lakhs deposited in the Registry of this Court. There is no order as to costs. The appeal is disposed of accordingly.” 5. Consequent upon

GIRISH BANSAL vs. UOI & ORS.

The appeals are allowed but in the circumstances with order as to costs

ITA/136/2004HC Delhi28 Apr 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

Section 260A

4 of 23 vii) Immediately after handing over the possession of the plot to the appellants the respondent Nos. 2 and 5, namely, Girish Bansal & Gyanendra Bansal are permitted to withdraw the amount of Rs.20 lakhs deposited in the Registry of this Court. There is no order as to costs. The appeal is disposed of accordingly.” 5. Consequent upon

COMMISSIONER OF INCOME TAX DELHI vs. MS SUMAN DHAMIJA

ITA/21/2003HC Delhi08 Dec 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

gains in regard to enhancement of compensation received in respect of land that has been acquired, the following conditions must be fulfilled: (i) There must be a transfer of a capital asset (ii) the compensation or consideration for such transfer has to be enhanced by a court, Tribunal or other authority 42. Two questions that have arisen in the past

COMMISSIONER OF INCOME TAX DELHI vs. MS. SUMAN DHAMIJA

ITA/20/2003HC Delhi08 Dec 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

gains in regard to enhancement of compensation received in respect of land that has been acquired, the following conditions must be fulfilled: (i) There must be a transfer of a capital asset (ii) the compensation or consideration for such transfer has to be enhanced by a court, Tribunal or other authority 42. Two questions that have arisen in the past

COMMISSIONER OF INCOME TAX DELHI vs. MS. SUMAN DHAMIJA

ITA - 20 / 2003HC Delhi08 Dec 2015

gains in regard to enhancement of compensation received in respect of land that has been acquired, the following conditions must be fulfilled: (i) There must be a transfer of a capital asset (ii) the compensation or consideration for such transfer has to be enhanced by a court, Tribunal or other authority 42. Two questions that have arisen in the past

COMMISSIONER OF INCOME TAX DELHI vs. MS SUMAN DHAMIJA

ITA - 21 / 2003HC Delhi08 Dec 2015

gains in regard to enhancement of compensation received in respect of land that has been acquired, the following conditions must be fulfilled: (i) There must be a transfer of a capital asset (ii) the compensation or consideration for such transfer has to be enhanced by a court, Tribunal or other authority 42. Two questions that have arisen in the past

ACIT, NEW DELHI vs. M/S. KCT PAPERS LTD., NEW DELHI

In the result, grounds raised by the revenue are dismissed

ITA 3380/DEL/2014[2008-09]Status: DisposedITAT Delhi05 Dec 2025AY 2008-09

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharmaacit, Circle 5 (1) Vs. M/S. Kct Papers Limited, New Delhi. Thapar House, 124, Janpath, New Delhi – 110 001. (Pan : Aacck4937D) (Appellant) (Respondent) Assessee By : Shri Rohit Jain, Advocate Shri Deepesh Jain, Advocate Shri Tavish Verma, Advocate Revenue By : Shri Kailash Dan Ratnoo, Cit Dr Date Of Hearing : 10.09.2025 Date Of Order : 05.12.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-Viii, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 21.03.2014For Assessment Year 2008-09. 2. Brief Facts Of The Case Are, The Assessee Company Belongs To The Thapar Group Established By Late Lala Karam Chand Thapar. There Was A Family Settlement Between The Various Constituents Of The Karam Chand Thapar Family As A Result Of Which Revenue-Organization/Restructuring Of The Group Dated 27Th April, 2001. The Re April, 2001. The Re-Organization Of The Group Companies & Trusts Organization Of The Group Companies & Trusts Was Made Into Four Groups, As Under, Each Headed By The Sons Of Late Lala Was Made Into Four Groups, As Under, Each Headed By The Sons Of Late Lala Was Made Into Four Groups, As Under, Each Headed By The Sons Of Late Lala K.C. Thapar. The Family Tree Of Karam Chand T K.C. Thapar. The Family Tree Of Karam Chand Thapar Family Is Explained As Hapar Family Is Explained As Under In The Form Of A Diagrammatic Chart: Under In The Form Of A Diagrammatic Chart:

For Appellant: Shri Rohit Jain, AdvocateFor Respondent: Shri Kailash Dan Ratnoo, CIT DR
Section 391

4,94,06,840 shares, the assessee, during the assessment year 2008-09, sold 1,97,62,592 shares of BIL under buy-back scheme, for a total consideration of Rs.49,40,64,800. 20. In the return of income filed for the assessment year 2008-09, the assessee returned long-term capital loss of Rs.23,38,58,071,after