BharatTax.net
SearchITATHigh CourtsSupreme CourtAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

820 results for “capital gains”+ Section 75clear

Sorted by relevance

Mumbai1,206Delhi820Chennai260Ahmedabad238Bangalore237Jaipur216Hyderabad162Kolkata130Chandigarh127Cochin107Raipur80Indore77Pune67Nagpur60Surat47Lucknow38Amritsar35Rajkot33Guwahati27Visakhapatnam26Cuttack14Dehradun12Jodhpur11Agra7Allahabad7Ranchi7Patna5Panaji3Jabalpur2

Key Topics

Addition to Income51Section 143(3)33Section 14730Deduction24Section 14821Section 143(2)18Section 26318Disallowance15Section 115J13Section 36(1)(viia)

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)

section 6(3) of the Act, what is required to be seen is de facto control, i.e., where the control and management is actually exercised. In the instant case, it is very clear that the control and management was exercised by the board of directors in Mauritius since all the 11 meeting during the previous year relevant

ADDL. CIT, SPECIAL RANGE-7, NEW DELHI vs. PURAN ASSOCIATES PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is partly allowed

Showing 1–20 of 820 · Page 1 of 41

...
12
Reassessment12
Section 142(1)11
ITA 5656/DEL/2019[2015-16]Status: DisposedITAT Delhi25 Nov 2022AY 2015-16

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri M.P. Rastogi, CAFor Respondent: Shri S.M. Singh, Sr.DR
Section 111ASection 143(3)Section 14A

capital gains tax. It is an undisputed position that respondent Appellant is an investment company and had invested by purchasing a substantial number of shares and thereby securing right to management. Possibility of sale of shares by private placement etc. cannot be ruled out and is not an improbability. The, above ruling of Hon' Delhi High Court is a land

SANGEETA DEVI JHUNJHUNWALA,NEW DELHI vs. ITO, WARD-70(1), NEW DELHI

In the result, the appeal of the assessee is partly allowed

ITA 747/DEL/2022[2015-16]Status: DisposedITAT Delhi18 May 2023AY 2015-16

Bench: Dr. Brr Kumar & Ms. Astha Chandraasstt. Year: 2015-16

For Appellant: Shri Rajiv SaxenaFor Respondent: Shri Amit Shukla, Sr. DR
Section 10(38)Section 131Section 142(1)Section 143(1)Section 69C

section 68 and in making the impugned addition. 25.4 Sannat Kumar vs. ACIT (2020) 122 taxmann.com 75 (Delhi- Trib): in this case the assessee purchased shares of CSL @ Rs. 10/- per share and 23 after one year sold the same at Rs. 476/- to Rs. 503/- per share. The AO found that CSL had been duly investigated by the Department

INCOME TAX OFFICER, WARD-11(1), DELHI vs. HKT CORPORATION PVT LTD, DELHI

Appeal is dismissed

ITA 1036/DEL/2024[2020-21]Status: DisposedITAT Delhi09 Jul 2025AY 2020-21

Bench: SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER\nAND\nSHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER\n\nITA No.1036/Del/2024\nAssessment Year: 2020-21\n\nIncome Tax Officer,\nWard-11(1),\nDelhi\nVs.\nM/s. HKT Corporation Pvt.\nLtd.,\n7, South Patel Nagar,\nNew Delhi\nPAN: AACCH0308M\n\n(Appellant)\n\n(Respondent)\n\nAssessee by\nSh. Tarandeep Singh, Adv.\n\nDepartment by\nSh. Rajesh Kumar Dhanesta, Sr. DR\n\nDate of hearing\n23.06.2025\n\nDate of pronouncement\n09.07.2025\n\nORDER\n\nPER SATBEER SINGH

Section 143(3)

75,791/- under the head income from business. Further,\nappellant has shown short term capital loss of Rs. (-)1,69,14,140/-\nby way of selling property at DLF Gurgaon. In its ROI, appellant has also\nshown LTCG of Rs.4,95,89,657/- by way of sale of property being\nPlot No. 20 Jhandewalan Extension, New Delhi

COMMISSIONER OF INCOME TAX-IV vs. M/S. I. K. INTERNATIONAL PVT. LTD

ITA/791/2011HC Delhi29 Mar 2012
Section 143(3)Section 45Section 50(2)Section 54E

75,00,000/- under the bifurcation Land ` 4,72,00,000/- and Building ` 1,03,00,000/-. The capital Gain raised from sale of assets was invested in the Bonds ‘Rural Electrification Corporation Limited’ under section

AZIZUL GHANI ,NEW DELHI vs. INCOME TAX OFFICER - ITO WARD 63(3) NEW DELHI, NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 2962/DEL/2025[2015-16]Status: DisposedITAT Delhi03 Feb 2026AY 2015-16

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarazizul Ghani Vs. Ito, Ward 63(3) 1407 Pan Mandi E-2, Block, Civic Centre, Sadar Bazar, New Delhi – 110002 Delhi – 110006 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aajpg7737K Appellant .. Respondent

For Appellant: Ms. Rano Jain, AdvFor Respondent: Sh. Om Prakash, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 250Section 54

Capital Gain = 6,47,06,548 (against the assessed figure of 7,01,46,841 or the incorrect revised figure of 5,95,05,940) 5. That the Ld. CIT(A) erred in law and on facts in not appreciating that the proof of construction of the new property was duly submitted during the appellate proceedings in the form

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

ITA 901/DEL/2017[2012-13]Status: DisposedITAT Delhi08 Oct 2025AY 2012-13

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri G.C. Srivastava, Spl. Counsel for the Department
Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 14ASection 32Section 35Section 43B

Capital Gain/Short Term Capital Loss or any other sham transactions. " Similarly, the clarification for unlisted shares states: "It is, however, clarified that the above would not be necessarily applied in the situation where: (i) the genuineness of the transaction in unlisted shares itself is questionable; or (ii) the transfer of unlisted shares is related to an issue pertaining to lifting

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

ITA 1024/DEL/2016[2011-12]Status: DisposedITAT Delhi08 Oct 2025AY 2011-12

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri G.C. Srivastava, Spl. Counsel for the Department
Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 14ASection 32Section 35Section 43B

Capital Gain/Short Term Capital Loss or any other sham transactions. " Similarly, the clarification for unlisted shares states: "It is, however, clarified that the above would not be necessarily applied in the situation where: (i) the genuineness of the transaction in unlisted shares itself is questionable; or (ii) the transfer of unlisted shares is related to an issue pertaining to lifting

ARUN DWIVEDI,NEW DELHI vs. ACIT, CIRCLE-9(2), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 6293/DEL/2018[2014-15]Status: DisposedITAT Delhi12 Jun 2025AY 2014-15
Section 142(1)Section 143(3)Section 54

Capital Gain of Rs.17,13,015/- u/s\n54 of the Act and therefore the addition of Rs.17,13,015/- made by the\nAO and confirmed by the Ld. CIT(A) is deleted. Accordingly, grounds no.1\nand 2 of the appeal is allowed.\n10. The Assessing Officer further noted that the assessee had\npurchased a property at N-1 Kailash Colony

ACIT, CIRCLE- 26(2), DELHI vs. VIC ENTERPRISES PVT. LTD., NEW DELHI

In the result, appeal of the Revenue is dismissed

ITA 7103/DEL/2018[2014-15]Status: DisposedITAT Delhi30 Jan 2023AY 2014-15

Bench: N.K. Billaiya & Ms. Astha Chandraasstt. Year: 2014-15

For Appellant: Shri M.P. Rastogi, CAFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 10(38)Section 143(1)Section 143(3)Section 2(14)

section 143(3) of the Act. 5. Aggrieved thereby, the assessee filed appeal before the Ld. CIT(A). During appellate proceedings also, the assessee filed written submission which has been incorporated by the Ld. CIT(A) in para 5.1 of his order. On consideration thereof, the Ld. CIT(A) held that the impugned income shown

MODI RUBBER LTD.,NEW DELHI vs. ACIT, CIRCLE- 17(1), NEW DELHI

In the result, Ground no.2 is partly allowed

ITA 6866/DEL/2018[2012-13]Status: DisposedITAT Delhi08 Feb 2024AY 2012-13

Bench: Shri Saktijit Dey- & Shri Pradip Kumar Kedia-

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Smita Singh, Sr.DR
Section 10(34)Section 139(1)Section 143(3)Section 14A

Capital Gain (LTCG) on sale of 100% equity of Modi Tyres Ltd. determined at ₹38,55,75,851/- based on gross sale consideration of ₹117.61 crore was thus sought to be revised and reduced to ₹13,07,59,361/- by way of a revised computation. The Assessing Officer however found the revised claim of lower LTCG to be untenable

ITO,WARD-30(1), NEW DELHI vs. VINOD GUGNANI, NEW DELHI

In the result, grounds of Appeal of the Revenue fails, consequently the Appeal filed by the Revenue is dismissed

ITA 607/DEL/2020[2016-17]Status: DisposedITAT Delhi02 Nov 2022AY 2016-17

Bench: Shri B. R. R. Kumar & Sh. Yogesh Kumar U.S.

Section 139Section 139(1)Section 139(4)Section 54Section 54(1)Section 54(2)

75,00,000/-. The assessee has earned Long Term Capital Gain of Rs. 6,20,94,441/- as calculated in the assessment order. The assessee claimed deduction under section

ASSISTANT COMMISSIONER OF INCOME TAX, DELHI vs. VIREET INVESTMENTS PRIVATE LIMITED, DELHI

In the result, the appeal of Revenue is partly allowed as boave for statistical purpose

ITA 3010/DEL/2024[2007-08]Status: DisposedITAT Delhi14 Nov 2025AY 2007-08

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishra

Section 10(38)Section 115J

Capital Gains (‘LTCG’) of Rs.50,44,027/- and the exempted LTCG of Rs.8,90,66,252/-. However, it offered a sum of Rs.8,21,45,406/- as income under section 115JB of the Income Tax Act, 1961 (‘the Act’). The case was picked up for scrutiny and consequential assessment was completed at income of Rs.11,75

ADDI CHARITABLE TRUST,NEW DELHI vs. CIT EXEMPTION, DELHI

In the result, the appeal of Revenue is partly allowed as boave for statistical purpose

ITA 3010/DEL/2023[2023-24]Status: DisposedITAT Delhi28 Jan 2025AY 2023-24

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishra

Section 10(38)Section 115J

Capital Gains (‘LTCG’) of Rs.50,44,027/- and the exempted LTCG of Rs.8,90,66,252/-. However, it offered a sum of Rs.8,21,45,406/- as income under section 115JB of the Income Tax Act, 1961 (‘the Act’). The case was picked up for scrutiny and consequential assessment was completed at income of Rs.11,75

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

capital gains tax by taking CII for financial year 1981-82. 47. To the similar effect are the following judgements: (a) Arun Shungloo Trust v. CIT: 205 Taxman 456 (Del.) (b) CIT vs. Raman Kumar Suri: 255 CTR 257 (Bombay) (c) CIT vs. Smt. Nita Kamlesh Tanna: 220 Taxman 165 (Mag) (Bombay) (d) CIT v. Gautam Manubhai Amin: 218 Taxman

ANU GERA,NEW DELHI vs. ITO, NEW DELHI

Accordingly Ground No. 3 of the Assessee is allowed

ITA 2626/DEL/2017[2009-10]Status: DisposedITAT Delhi05 Apr 2023AY 2009-10

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar Us

For Appellant: Ms. Rano Jain, Advocate &For Respondent: Shri Kanv Bali, Sr. D. R
Section 143(1)Section 45Section 54

75,000 (25.07.2008) Indexed Cost of 7,84,587 2,41,231 Acquisition (As per Agreement (As per Power to sell of attorney Capital Gain 16,90,413 22,33,769 Exemption u/s 54 16,90,413 20,00,000 Long Term Capital Nil 2,33,769 Gain 9. After considering the various facts, the AO recomputed the long term

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

capital gains.” 11.6.1 The relevant part of the circular no. 672 is reproduced as under: “Attention is invited to Board's Circular No. 471, dated 15th October, 1986 (F. No. 207/27/85-ITA.II) [published in (1987) 59 CTR (St) 19]. It was clarified therein that cases of allotment of flats under the self financing scheme of the Delhi Development Authority (DDA) should

COMMISSIONER OF INCOME TAX

ITA/713/2008HC Delhi31 Aug 2012
Section 132Section 260A

75,000/- `2,38,25,000/-” 14. The undisclosed capital gain on the sale of KG Farm was taken at `47,86,893/- this was computed as follows: - “Actual Sale Consideration received `3,10,00,000/- Less: 1. Actual cost of acquisition ` 2,49,00,000/- Add : Others expenses Like Stamp paper, repair & renovation

INCOME TAX vs. LIMITED

The appeal is dismissed

ITA/895/2007HC Delhi16 Sept 2008
For Appellant: Ms Prem Lata BansalFor Respondent: Mr Ajay Vohra with Ms Kavita Jha
Section 260ASection 50Section 50(2)

Section 50 (2) of the Act, the entire surplus amount received by the Assessee on the sale of the aforesaid office premises would be liable to „short term capital gains‟. Accordingly, capital gain was calculated by the Assessing Officer by deducting the written down value of the „block of assets‟ as on 01.04.1997 which appeared in the books

THE COMMISSIONER OF INCOME TAX vs. HCL INFOSYSTEMS LTD

ITA/167/2003HC Delhi21 Dec 2015
Section 260A

gains arising from the transfer of a right to carry on business or any negative 'non- compete' right also could not be brought to tax. In terms of the decisions in CIT v. B.C. Srinivasa Setty (supra) and PNB Finance Limited v. CIT, New Delhi (2008) 307 ITR 75 the settled legal position is that in the absence