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2,324 results for “capital gains”+ Section 43clear

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Key Topics

Addition to Income65Section 143(3)41Disallowance29Section 14827Section 14A22Section 69A19Deduction19Section 143(2)18Section 115J13Long Term Capital Gains

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 asset would not be available for set off The Tribunal rightly relied on the decision in the case of Harprasad & Co. (P.) Ltd. (supra) to come to a conclusion that the term "income" under section 10(38) of the Act would also include the loss. In the said decision, the apex court observed that the concept of carry forward

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

In the result, appeal of the assessee is dismissed

Showing 1–20 of 2,324 · Page 1 of 117

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13
Section 6811
Capital Gains11
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

section 45 prescribes that any profits/gains on transfer of a capital asset shall be chargeable to tax as capital gains. Income from transfer of shares, be it short-term or long-term, is, per se, liable for taxation. It is only exempt from tax if long term gain on equity shares is liable to STT and not otherwise. Even

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 10 (38) of the act. He further referred to page number 10 of PB, where the calculation of the capital gain for assessment year 2009 – 10 was given where under the heading ‘B’ the assessee has disclosed sale consideration of 625000 shares sold on 19/6/2008 holding that same is a long-term capital gain and therefore exempt. He further

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 10 (38) of the act. He further referred to page number 10 of PB, where the calculation of the capital gain for assessment year 2009 – 10 was given where under the heading ‘B’ the assessee has disclosed sale consideration of 625000 shares sold on 19/6/2008 holding that same is a long-term capital gain and therefore exempt. He further

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 10 (38) of the act. He further referred to page number 10 of PB, where the calculation of the capital gain for assessment year 2009 – 10 was given where under the heading ‘B’ the assessee has disclosed sale consideration of 625000 shares sold on 19/6/2008 holding that same is a long-term capital gain and therefore exempt. He further

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 10 (38) of the act. He further referred to page number 10 of PB, where the calculation of the capital gain for assessment year 2009 – 10 was given where under the heading ‘B’ the assessee has disclosed sale consideration of 625000 shares sold on 19/6/2008 holding that same is a long-term capital gain and therefore exempt. He further

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 10 (38) of the act. He further referred to page number 10 of PB, where the calculation of the capital gain for assessment year 2009 – 10 was given where under the heading ‘B’ the assessee has disclosed sale consideration of 625000 shares sold on 19/6/2008 holding that same is a long-term capital gain and therefore exempt. He further

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 10 (38) of the act. He further referred to page number 10 of PB, where the calculation of the capital gain for assessment year 2009 – 10 was given where under the heading ‘B’ the assessee has disclosed sale consideration of 625000 shares sold on 19/6/2008 holding that same is a long-term capital gain and therefore exempt. He further

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

43,971 78,813 67,802 Shares Percentage to 97.48% 03.8% 0.74% 0.32% 0.57% 0.49% Total quantity Gain or loss 1,19,85,50,369 86,05,051 20,57,841 21,45,605 22,70,962 19,21,580 21 I.T.A. No.3078/Del/2011, 820/Del/2013 & 5054/Del/2015 Percentage of Capital gain to Total capital gain 98.34% 0.70% 0.16% 0.17% 0.18% 0.15% *inclusive

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

43,971 78,813 67,802 Shares Percentage to 97.48% 03.8% 0.74% 0.32% 0.57% 0.49% Total quantity Gain or loss 1,19,85,50,369 86,05,051 20,57,841 21,45,605 22,70,962 19,21,580 21 I.T.A. No.3078/Del/2011, 820/Del/2013 & 5054/Del/2015 Percentage of Capital gain to Total capital gain 98.34% 0.70% 0.16% 0.17% 0.18% 0.15% *inclusive

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

43,971 78,813 67,802 Shares Percentage to 97.48% 03.8% 0.74% 0.32% 0.57% 0.49% Total quantity Gain or loss 1,19,85,50,369 86,05,051 20,57,841 21,45,605 22,70,962 19,21,580 21 I.T.A. No.3078/Del/2011, 820/Del/2013 & 5054/Del/2015 Percentage of Capital gain to Total capital gain 98.34% 0.70% 0.16% 0.17% 0.18% 0.15% *inclusive

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

section 2 (42A) of the act. Therefore, AO treated shares of Scorpio beverages P Ltd as short-term capital asset and computed the short-term capital gain accordingly. Assessee submitted before the assessing officer that she has borrowed loan for making investment in the shares of Scorpio beverages private limited. Interest of INR 37317628/– has been incurred as expenses during

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)

capital gains tax liability in India. This circular was a clear enunciation of the provisions contained in the DTAC, which would have overriding effect over the provisions of sections 4 and 5 of the Income- tax Act, 1961 by virtue of section 90(1) of the Act. If, in the teeth of this clarification, the assessing officers chose to ignore

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

capital gains. A bare reading of the provision of sub-section (2) of Section 50 of the Act would show that, the very fact that, there is a reference to, in arriving at the cost of acquisition, to the written down value of the „block of assets at the beginning of the previous year as increased by actual cost

CIT vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

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

capital gains. A bare reading of the provision of sub-section (2) of Section 50 of the Act would show that, the very fact that, there is a reference to, in arriving at the cost of acquisition, to the written down value of the „block of assets at the beginning of the previous year as increased by actual cost

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

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

capital gains. A bare reading of the provision of sub-section (2) of Section 50 of the Act would show that, the very fact that, there is a reference to, in arriving at the cost of acquisition, to the written down value of the „block of assets at the beginning of the previous year as increased by actual cost

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

capital gains. A bare reading of the provision of sub-section (2) of Section 50 of the Act would show that, the very fact that, there is a reference to, in arriving at the cost of acquisition, to the written down value of the „block of assets at the beginning of the previous year as increased by actual cost

CIT vs. DHARAMPAL SATYAPAL

ITA/1003/2011HC Delhi06 Jan 2016

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

For Appellant: Mr Raghvendra Kumar Singh, Junior StandingFor Respondent: Mr Ajay Vohra, Senior Advocate with Ms Kavita Jha
Section 260ASection 43Section 43(6)(c)Section 50B

capital gains arising out of the slump sale under Section 50B of the Act at Rs.2,26,89,866/-. 4. Aggrieved by the order, the Assessee preferred an appeal before the CIT(A). The CIT(A) concurred with the AO and held that the language of sub- clause (b) of Clause C [Section 43

M/S. GURU KRIPA AGRO FOODS,HARYANA vs. ITO, KARNAL

In the result, the appeal of the assessee stands partly

ITA 2188/DEL/2013[2009-10]Status: DisposedITAT Delhi29 Aug 2016AY 2009-10

Bench: Shri S.V. Mehrotra & Shri Chandra Mohan Garg

For Appellant: Shri Girish Aneja, CAFor Respondent: Shri Amrit Lal, Sr. DR
Section 142ASection 45(4)Section 55A

43(4) of the Act in A.Y 2008-09 and thus we cannot uphold the action of the AO as well as the impugned order. We are thus unable to see any valid reason to interfere with the assessment order wherein it has been held that capital gains accrued to the firm on transfer of capital gains assets

KAPIL KUMAR AGARWAL,GURGAON vs. DCIT, GURGAON

Appeal of the assessee is allowed

ITA 2630/DEL/2015[2011-12]Status: DisposedITAT Delhi30 Apr 2019AY 2011-12

Bench: Shri Amit Shukla & Shri Prashant Maharishikapil Kumar Agarwal, Vs. Dcit, C/O. Ipsaa House Anm & Circle-1(1), Associates, J021A, Mayfiled Gurgaoon Gardens, Sector-51, Gurgaon Pan: Aacpa2412L (Appellant) (Respondent)

For Appellant: Shri Piyush Kaushik, AdvFor Respondent: Smt Sugandha Sharma, Sr. DR
Section 143Section 54Section 54F

section 54F of INR 7985761/–. 2. The brief facts of the case shows that assessee is an individual who filed his return of income on 29.07.2011 declaring income of INR 1,43,82,590/–. In the return of income the assessee has shown capital gain