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26 results for “capital gains”+ Section 43Cclear

Sorted by relevance

Karnataka51Mumbai51Ahmedabad37Delhi26Bangalore15Hyderabad8Chennai7Kolkata6Cochin4SC4Jaipur3Cuttack2Visakhapatnam2Surat2Pune2Jodhpur1Indore1Patna1Rajkot1Telangana1

Key Topics

Section 1140Addition to Income18Section 2(15)15Section 12A15Exemption15Deduction14Disallowance13Depreciation12Section 4010Section 11(1)

ACIT (LTU), NEW DELHI vs. MAX NEW YORK LIFE INSURANCE COMPANY LTD., NEW DELHI

In the result, the appeal is allowed for statistical purposes

ITA 1768/DEL/2011[2002-03]Status: DisposedITAT Delhi17 Oct 2017AY 2002-03

Bench: Shri R.S. Syal & Shri Sudhanshu Srivastavaassessment Year : 2002-03

For Appellant: Shri M.S. Syali, Sr. Advocate &For Respondent: Shri Amrendra Kumar, CIT, DR

43C; while drafting section 44A, it saved the prescription of this section alone and made futile all provisions of the Act; and while drafting section 44, it rendered useless only the provisions relating to the computation of income chargeable under the head "Interest on securities", "Income from house property", "Capital gains

ACIT, NEW DELHI vs. M/S. NIIT TECHNOLOGIES LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed and cross objection of the assessee is allowed for statistical purposes

ITA 3076/DEL/2012[2006-07]Status: Disposed

Showing 1–20 of 26 · Page 1 of 2

9
Section 143(3)8
Section 36(1)(iii)8
ITAT Delhi
27 Feb 2019
AY 2006-07

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2006-07

Section 10BSection 29Section 32Section 32(2)Section 43A

Capital Gain 64,46,187 Income from Other Sources 1,68,98,037 50,90,742 Less : Brought forward unabsorbed depreciation 14,22,71,036 Gross Total Loss (13,71,80,294) From the above table, the Assessing Officer observed that the assessee has claimed deduction u/s. 10B without considering the brought forward unabsorbed depreciation and that the assessee

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

43C or section 57 to section 59 or section 92C of the said Act shall not be included in the total undisclosed foreign income. (3) The income included in the total undisclosed foreign income and asset under this Act shall not form part of the total income under the Income-tax Act. 32. Thus, the income from the overseas sources

DCIT CIRCLE 12 (1) vs. G.E. CAPITAL SERVICES INDIA,

In the result, the appeals of the assessee and Revenue are partly allowed for

ITA 2808/DEL/2007[2001-2002]Status: DisposedITAT Delhi06 Jun 2016AY 2001-2002

Bench: Smt Diva Singh & Sh.L.P.Sahu

Section 14ASection 234DSection 45J

43C, as meaning actually paid or incurred according to the method of accounting upon the basis on which profits or gains are computed under section 28/29. That is why in deciding the question as to whether the word "expenditure" in section. 37(1) includes the word "loss" one has to read section 37(1) with section 28, section 29 Page

GE CAPITAL SERVICES INDIA vs. ADDL CIT RANGE 2,

In the result, the appeals of the assessee and Revenue are partly allowed for

ITA 2898/DEL/2007[2000-2001]Status: DisposedITAT Delhi06 Jun 2016AY 2000-2001

Bench: Smt Diva Singh & Sh.L.P.Sahu

Section 14ASection 234DSection 45J

43C, as meaning actually paid or incurred according to the method of accounting upon the basis on which profits or gains are computed under section 28/29. That is why in deciding the question as to whether the word "expenditure" in section. 37(1) includes the word "loss" one has to read section 37(1) with section 28, section 29 Page

DCIT (EXEMPTION), NEW DELHI vs. M/S. NAV NIRMAN SEWA SAMITI, DELHI

In the result, the appeal filed by the Revenue is dismissed

ITA 645/DEL/2017[2012-13]Status: DisposedITAT Delhi11 May 2021AY 2012-13

Bench: Shri O.P. Kant & Shri Kuldip Singh[Through Video Conferencing]

Section 11Section 12ASection 143(3)Section 70

gains of business shall be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

DCIT(E), NEW DELHI vs. DR. R.L. KHERA CHARITABLE TRUST, NEW DELHI

In the result, the appeal of the Revenue in ITA No

ITA 4132/DEL/2015[2011-12]Status: DisposedITAT Delhi20 Sept 2018AY 2011-12

Bench: Shri N.K. Billaiya & Shri N.K. Choudhary[Assessment Year: 2011-12] The Dy.C.I.T Vs. Dr. R.L. Khera Charitable Trust Circle 1(1) Pandav Nagar, Naraina Road New Delhi Near Shadipur Depot, New Delhi Pan : Aaatd 8903 D [Appellant] [Respondent]

For Appellant: Shri Hiren Mehta, CAFor Respondent: Ms. Asima Neb, Sr. DR
Section 11Section 11(1)Section 28Section 29Section 30Section 32Section 32(1)Section 34Section 43C

capital asset is treated as application of income u/s 11(1) of the Act and full deduction of the entire amount is allowed vide the order of the Assessing Officer. 4. The first appellate authority, drawing support from the decision of the Hon'ble High Court in the case of DIT Vs. Indraprastha Cancer Society

ITO (EXEMPTIONS), NEW DELHI vs. M/S. INDIAN HOCKEY FEDERATION, NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 3638/DEL/2015[2010-11]Status: DisposedITAT Delhi28 Feb 2019AY 2010-11

Bench: Shri Amit Shukla & Shri O.P. Kantasstt. Year: 2010-11 Ito (Exemptions) India Hockey Ward-1(2), Room No. 2417, Federation 30/7, 24Th Floor, E-2-Block, West Patel Nagar Pratyaksh Kar Bhawan, New Delhi Vs. Dr. Shyama Prasad Pan Aaaji0054N Mukherjee Civic Centre, Jawahar Lal Nehru Marg New Delhi – 110 002 (Appellant) (Respondent)

For Appellant: NoneFor Respondent: Shri Praveen Kumar, Sr. DR
Section 11(1)Section 12ASection 143(2)Section 2(15)

gains of business shall be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

DCIT(E), NEW DELHI vs. GOODEARTH FOUNDATION, NEW DELHI

In the result, the grounds of appeal Nos

ITA 3524/DEL/2015[2010-11]Status: DisposedITAT Delhi29 Jan 2019AY 2010-11

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2010-11 Dcit(E), Vs. Goodearth Foundation, Circle-1(1), Eicher House, Civic Centre, 12, Commercial Complex, New Delhi. Greater Kailash-Ii, New Delhi. Pan: Aaatg5663R

For Appellant: Shri Gaurav Jain, Advocate &For Respondent: Ms Ashima Neb, Sr. DR
Section 11(1)Section 11(1)(a)Section 12ASection 32Section 80G

gains of business ahll be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

ITA 168/DEL/2018[2012-13]Status: DisposedITAT Delhi06 Oct 2021AY 2012-13

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

gains of business shall be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

VOCATIONAL EDUCATION FOUNDATION,NEW DELHI vs. JCIT, EXEMPTION RANGE, GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

ITA 6051/DEL/2017[2013-14]Status: DisposedITAT Delhi06 Oct 2021AY 2013-14

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

gains of business shall be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

ITA 165/DEL/2018[2007-08]Status: DisposedITAT Delhi06 Oct 2021AY 2007-08

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

gains of business shall be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

ITA 166/DEL/2018[2009-10]Status: DisposedITAT Delhi06 Oct 2021AY 2009-10

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

gains of business shall be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

ITA 167/DEL/2018[2011-12]Status: DisposedITAT Delhi06 Oct 2021AY 2011-12

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

gains of business shall be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

HARISH CHAND RAM KALI CHARITABLE TRUST,GHAZIABAD vs. ADDL. CIT, GHAZIABAD

In the result, we allow appeal of the assessee partly

ITA 4240/DEL/2015[2011-12]Status: DisposedITAT Delhi27 May 2020AY 2011-12

Bench: Ms. Sushma Chowla & Shri Prashant Maharishiharish Chand Ram Kali Vs. The Addl Commissioner Of Charitable Trust Income Tax Kf-91, Kavi Nagar Range-1 Ghaziabad Ghaziabad Up Up Pan: Aath3018B (Appellant) (Respondent)

For Appellant: NoneFor Respondent: Shri James Singdon Sr DR
Section 11Section 12Section 143Section 147Section 2

capital expenditure is treated as application of income for charitable purposes, the assessees had virtually enjoyed a 100 per cent write off of the cost of assets and, therefore, the grant of depreciation would amount to giving double benefit to the assessee. Though it appears that in most of these cases, the CIT (Appeals) had affirmed the view

ITO (EXEMPTIONS), NEW DELHI vs. M/S. S.S. MOTA SINGH (NILA) CHARITABLE TRUST, NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 3639/DEL/2015[2007-08]Status: DisposedITAT Delhi28 Jan 2019AY 2007-08

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2007-08 Ito(Exemptions), Vs. S.S. Mota Singh(Nila) Ward-2(1),New Delhi Charitable Trust, C-103, 10Th Floor, Himalaya House, K.G. Marg, New Delhi Pan :Aaats3761J (Appellant) (Respondent) Appellant By Shri Praveen Kumar, Sr.Dr Respondent By None Present

Section 11(1)Section 143(3)Section 32Section 32(1)

gains of business shall be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

M/S FCML PROJECTS,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 2522/DEL/2013[2010-11]Status: DisposedITAT Delhi23 Dec 2016AY 2010-11

Bench: Shri S.V. Mehrotra & Shri Rajpal Yadavassessment Year : 2009-10 Fcml Projects, Acit, Circle- 28(1), A-217, Vs. New Delhi. Okhla Indl. Area, Phase-1, New Delhi. Pan : Aaaff 1343 H (Appellant) (Respondent) Assessment Year : 2010-11 Fcml Projects, Acit, Circle- 28(1), A-217, Vs. New Delhi. Okhla Indl. Area, Phase-1, New Delhi. Pan : Aaaff 1343 H (Appellant) (Respondent)

For Appellant: Shri Pradeep Dinodia, CA &For Respondent: Shri Anil Kumar Sharma, Sr.DR
Section 143(3)Section 28Section 30Section 36(1)(iii)Section 40

capitalization of goodwill. The submission of ld. counsel is that the interest paid is within the limit as prescribed u/s 40(b)(iv) and is in terms of the partnership deed, therefore, no disallowance could be made. Ld. counsel also submitted that the assessee’s claim is allowable u/s 37 and not u/s 36(1)(iii). Section 40 deals with

M/S. FCML PROJECTS,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 2959/DEL/2012[2009-10]Status: DisposedITAT Delhi23 Dec 2016AY 2009-10

Bench: Shri S.V. Mehrotra & Shri Rajpal Yadavassessment Year : 2009-10 Fcml Projects, Acit, Circle- 28(1), A-217, Vs. New Delhi. Okhla Indl. Area, Phase-1, New Delhi. Pan : Aaaff 1343 H (Appellant) (Respondent) Assessment Year : 2010-11 Fcml Projects, Acit, Circle- 28(1), A-217, Vs. New Delhi. Okhla Indl. Area, Phase-1, New Delhi. Pan : Aaaff 1343 H (Appellant) (Respondent)

For Appellant: Shri Pradeep Dinodia, CA &For Respondent: Shri Anil Kumar Sharma, Sr.DR
Section 143(3)Section 28Section 30Section 36(1)(iii)Section 40

capitalization of goodwill. The submission of ld. counsel is that the interest paid is within the limit as prescribed u/s 40(b)(iv) and is in terms of the partnership deed, therefore, no disallowance could be made. Ld. counsel also submitted that the assessee’s claim is allowable u/s 37 and not u/s 36(1)(iii). Section 40 deals with

DCIT (EXEMPTION), GHAZIABAD vs. RAM NATH MEMORIAL TRUST SOCIETY, MEERUT

In the result appeal filed by the revenue is dismissed

ITA 2557/DEL/2018[2014-15]Status: DisposedITAT Delhi19 Aug 2021AY 2014-15

Bench: Shri N.K. Billaiya & Shri Pawan Singhasstt. Year: 2014-15

For Appellant: Shri Rohit Agarwal, AdvocateFor Respondent: Ms. Mrinalini Sapra, Sr. DR
Section 12ASection 68

gains of business ahll be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

ITO (E), DELHI vs. M/S. ALLIANCE FRANCAISE DE DELHI, NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 217/DEL/2017[2012-13]Status: DisposedITAT Delhi03 Sept 2019AY 2012-13

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2012-13 Ito(E), Vs. M/S. Alliance Francaise De Trust Ward-1(1), Delhi, Delhi 72, Lodhi Road, Lodhi Estate, New Delhi Pan :Aabta3939P (Appellant) (Respondent) Appellant By Shri Manoj Kumar Mahar, Sr.Dr Respondent By Shri Sandeep Sapra

Section 11Section 11(1)Section 12ASection 2(15)Section 32(1)

capital assets, whether amounted to a double deduction, is settled in favour of the assessee by the decision of the Hon’ble Supreme Court in the case of Rajasthan and Gujarati charitable foundation reported in 402 ITR 441(SC). 3. The Ld. DR though relied on the order of the Assessing Officer, could not controvert the statement made