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

Sorted by relevance

Mumbai194Delhi89Ahmedabad64Jaipur56Chennai46Chandigarh44Bangalore37Pune31Nagpur30Raipur28Hyderabad23Kolkata22Indore16Cochin11Surat6Jabalpur6Visakhapatnam4Guwahati4Lucknow4Ranchi3Amritsar3Jodhpur2Patna2Rajkot2Panaji2Dehradun1

Key Topics

Addition to Income36Section 14A28Section 143(3)28Deduction26Section 14724Section 153C22Section 20117Section 14814Disallowance14Section 80J

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)

b) there has been no amendment in law, i.e., post section 10(38), according exemption to income arising on transfer of long-term capital assets (LTCAs), being equity shares, etc., on or after October 1, 2004, on which securities transaction tax is chargeable in law, either under section 70 or under any other section. That is, the exemption provided

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

Showing 1–20 of 89 · Page 1 of 5

12
Capital Gains11
Section 249(4)(b)8

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

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

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)

B-III -Analysis of Board minutes and various tables 13 (I) ECL- Mauritius; persons authorised as per Board minutes along 120-125 with purpose of authorisation; 14 (II) ECOM- Mauritius; persons authorised as per Board minutes 126-133 along with purpose of authorisation 15 (III) ECML- Mauritius; persons authorised as per Board minutes 134-136 along with purpose of authorisation

RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

In the result, the appeal of the Assessee is allowed

ITA 4779/DEL/2025[2024-25]Status: DisposedITAT Delhi11 Mar 2026AY 2024-25
For Respondent: \nShri Gaurav Jain, Adv
Section 12ASection 132Section 143(3)Section 2(15)

capital of that concern, the exemption under section\n11 or section 12 shall not be denied in relation to any income other than the income\narising to the trust or the institution from such investment, by reason only that the\nfunds of the trust or the institution have been invested in a concern in which such\nperson has a substantial

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

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

b) of Explanation 1 to section 2(42A) of the Act. Such complete period will be taken into account for the purpose of calculating the indexed cost of acquisition [Refer Arun Shungloo Trust v. CIT: 249 CTR 294 (Del.)]. 35. Therefore, applying the aforesaid provisions to the facts of the present case, it is submitted that the assessee company

MADHULIKA MISHRA,MUMBAI vs. ITO WARD 5(1)(5), NOIDA

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

ITA 1113/DEL/2024[2017-18]Status: DisposedITAT Delhi01 Aug 2024AY 2017-18

Bench: Pradip Kumar Kedia & Shri Yogesh Kumar Usvs. Ito Madhulika Mishra B-1501, Tower-4, Enchante, Ward – 5(1)(5) Lodha New Cuffe Parade, Noida Wadala East, Mumbai-400 022 Pan No. Asppm 9325 H (Appellant) (Respondent) Assessee By Shri Ganesh Raj Gopalen, C.A. & Shri Kirit Vasan. R. C.A. Revenue By Shri Jatender Kumar Kale, Sr. D.R. Date Of Hearing: 01.08.2024 Date Of Pronouncement: 01.08.2024 Order Per Pradip Kumar Kedia, Am :

Section 144Section 147Section 148Section 246ASection 249Section 249(4)Section 249(4)(b)

249(4) of the Act, if applicable. 3. On the facts and circumstances of the case and in law, the CIT(A)/ NFAC ought to have appreciated that the Assessing Officer had erred in reopening the assessment under section 147 and completing the same without duly serving the notice under section 148 as required under the law, and further, even

M/S. RJ CORP LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

ITA 4971/DEL/2015[2011-12]Status: DisposedITAT Delhi25 Aug 2022AY 2011-12

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Rajat Jain, CA&For Respondent: Sh. T. Kipgen, CIT DR
Section 14ASection 45(2)

B. R. R. Kumar, Accountant Member: The cross appeals filed by the assessee and the Revenue are directed against the orders of ld. CIT(A)-24 dated 08.06.2015. ITA Nos. 4971, 4972, 5310 & 5311/Del/2015 2 RJ Corp Ltd. ITA No. 5310/Del/2015 : A.Y. 2011-12 (Revenue Appeal) Revised grounds filed on 26.07.2022 “2. On the facts and circumstances of the case

DCIT, NEW DELHI vs. M/S. R.J. CORP LTD., NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

ITA 5310/DEL/2015[2011-12]Status: DisposedITAT Delhi25 Aug 2022AY 2011-12

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Rajat Jain, CA&For Respondent: Sh. T. Kipgen, CIT DR
Section 14ASection 45(2)

B. R. R. Kumar, Accountant Member: The cross appeals filed by the assessee and the Revenue are directed against the orders of ld. CIT(A)-24 dated 08.06.2015. ITA Nos. 4971, 4972, 5310 & 5311/Del/2015 2 RJ Corp Ltd. ITA No. 5310/Del/2015 : A.Y. 2011-12 (Revenue Appeal) Revised grounds filed on 26.07.2022 “2. On the facts and circumstances of the case

DCIT, NEW DELHI vs. M/S. R.J. CORP LTD., NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

ITA 5311/DEL/2015[2012-13]Status: DisposedITAT Delhi25 Aug 2022AY 2012-13

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Rajat Jain, CA&For Respondent: Sh. T. Kipgen, CIT DR
Section 14ASection 45(2)

B. R. R. Kumar, Accountant Member: The cross appeals filed by the assessee and the Revenue are directed against the orders of ld. CIT(A)-24 dated 08.06.2015. ITA Nos. 4971, 4972, 5310 & 5311/Del/2015 2 RJ Corp Ltd. ITA No. 5310/Del/2015 : A.Y. 2011-12 (Revenue Appeal) Revised grounds filed on 26.07.2022 “2. On the facts and circumstances of the case

M/S. RJ CORP LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee on this ground is allowed

ITA 4972/DEL/2015[2012-13]Status: DisposedITAT Delhi25 Aug 2022AY 2012-13

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Rajat Jain, CA&For Respondent: Sh. T. Kipgen, CIT DR
Section 14ASection 45(2)

B. R. R. Kumar, Accountant Member: The cross appeals filed by the assessee and the Revenue are directed against the orders of ld. CIT(A)-24 dated 08.06.2015. ITA Nos. 4971, 4972, 5310 & 5311/Del/2015 2 RJ Corp Ltd. ITA No. 5310/Del/2015 : A.Y. 2011-12 (Revenue Appeal) Revised grounds filed on 26.07.2022 “2. On the facts and circumstances of the case

DIRECTOR OF INCOME TAX vs. INFRASOFT LTD

ITA/1034/2009HC Delhi22 Nov 2013
Section 143(3)Section 260ASection 4Section 9(1)(vi)

gain in another country the said individual or entity may be obliged by the domestic laws to pay tax on the income locally as well as in the country in which the income was so earned. The result of such a situation is that an individual or entity may become liable to double taxation, one in the resident country

PRADEEP WIG,NEW DELHI vs. ACIT CENTRAL CIRCLE-5, NEW DELHI

The appeals of the Revenue are dismissed

ITA 406/DEL/2021[2012-13]Status: DisposedITAT Delhi29 Apr 2025AY 2012-13

Bench: Shri M. Balaganesh & Shri Anubhav Sharma

249-333) where the flats were acquired from the declared sources admittedly by the Revenue, as no addition has been made in respect thereof under any of the respective two Acts. 22. Thus as for the purpose of the Explanation 4 u/s 139(1) of the Act, the ‘beneficial owner’ in respect of ‘an asset

SHISH PALI,NOIDA vs. ITO WARD 3(4), NOIDA

In the result, appeal is allowed for statistical purposes

ITA 3399/DEL/2019[2009-10]Status: DisposedITAT Delhi10 Jul 2024AY 2009-10

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

Section 133(6)Section 144Section 147Section 148Section 249(4)(b)Section 271(1)(c)

section 249(4)(b) of the Act, learned first appellate authority dismissed the appeal in limine without deciding it on merits. 3 | P a g e ITA No.3399 & 3400/Del/2019 AY: 2009-10 5. Before us, learned counsel appearing for the assessee submitted that the reopening of assessment has been made on unsubstantiated reasons to belief. Drawing our attention

SHISH PALI,NOIDA vs. ITO WARD 3(4), NOIDA

In the result, appeal is allowed for statistical purposes

ITA 3400/DEL/2019[2009-10]Status: DisposedITAT Delhi10 Jul 2024AY 2009-10

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

Section 133(6)Section 144Section 147Section 148Section 249(4)(b)Section 271(1)(c)

section 249(4)(b) of the Act, learned first appellate authority dismissed the appeal in limine without deciding it on merits. 3 | P a g e ITA No.3399 & 3400/Del/2019 AY: 2009-10 5. Before us, learned counsel appearing for the assessee submitted that the reopening of assessment has been made on unsubstantiated reasons to belief. Drawing our attention

INCOME TAX OFFICER, DELHI vs. MEGHA GARG, DELHI

In the result, the appeal filed by the assessee is allowed

ITA 3488/DEL/2025[2013-14]Status: DisposedITAT Delhi27 Oct 2025AY 2013-14

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2013-14] Income Tax Officer, Megha Garg, 1707 E-2 Block Civic Centre, 160 Saraswati Vihar Vaishali, New Delhi-110002 Vs Pitampura, Delhi-110034 Pan-Aecpg7098C Appellant Respondent

Section 10(38)Section 147Section 68Section 69A

249 (SC), dismissed the SLP filed by revenue filed against the Hon'ble high court where adjudicating the matter on Section 69A, read with section 10(38), of the Income-tax Act, 1961 - Unexplained moneys (Share dealings) - High Court by impugned order held that where Assessing Officer disallowed exemption claimed by assessee under section 10(38) and made additions, alleging

VIKASH CHAUDHARY,GHAZIABAD vs. ITO WARD - 2(5), NOIDA

In the result, appeal filed by the assessee is allowed for statistical purpose

ITA 1821/DEL/2020[2010-11]Status: DisposedITAT Delhi06 Apr 2023AY 2010-11

Bench: Anil Kumar Chaturvedi & Sh. Yogesh Kumar U.S.

Section 147Section 148Section 249Section 249(1)Section 249(1)(a)Section 69

Section 249(1] (a) and 249 (4) (b) of the Income Tax Act, 1961. 3 VIKASH CHAUDHARY VS. ITO 7. That the assessee reserves it's right to add, amend/ modify the grounds of appeal.” 3. Brief facts of the case are that, the assessee filed return of income for the Assessment Year 2010-11 at Rs.3

SANGEETA KATHURIA,GURGAON vs. INCOME-TAX OFFICER, WARD 49(1), DELHI, DELHI

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

ITA 5888/DEL/2024[2015-16]Status: DisposedITAT Delhi15 May 2025AY 2015-16

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.Sangeet Kathuria, Vs. Ito, D-49, 2Nd Floor, Suncity Ward-49(1), Sector-54, Chakarpur Delhi (Appellant) (Respondent) Pan: Bjnpk2905B

For Appellant: Shri Karanjot Singh, AdvFor Respondent: Shri Sahil Kumar Bansal, Sr. DR
Section 139Section 144Section 147Section 148Section 249(4)(b)

capital gains tax as it was agricultural land. The assessee further pleaded that she had no taxable income which warranted her to file any income tax return or comply with advance tax provisions. In this circumstance, the assessee could only say in form No. 35 in response to Column 9 as „not applicable‟. The ld NFAC observed that assessee

REPRO AUTO PVT. LTD,NEW DELHI vs. ITO WARD 21(2), NEW DELHI

ITA 2041/DEL/2019[2010-11]Status: DisposedITAT Delhi29 Sept 2023AY 2010-11

Bench: Shri C. M. Garg & Shri M. Balaganeshrepro Auto Pvt. Ltd, Vs. Ito, 177, W-7 Lane, Sainik Farms, Ward-21(2), New Delhi New Delhi (Appellant) (Respondent) Pan: Aaccr6510R Assessee By : Sh. Ashok Kumar, Ca Revenue By: Sh. Vivek Vardhan, Sr. Dr Date Of Hearing 06/09/2023 Date Of Pronouncement 29/09/2023

For Appellant: Sh. Ashok Kumar, CAFor Respondent: Sh. Vivek Vardhan, Sr. DR
Section 143(3)Section 147Section 48Section 50

b) in not considering and deciding upon the plea that the written down value of the block of assets in respect of buildings at the beginning of the previous year as provided in section 50 (1) (ii) of the Act has to be considered as the asset under consideration was a depreciable asset, and (c) in not considering and deciding