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52 results for “capital gains”+ Section 253(5)clear

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Key Topics

Section 153C44Section 14842Addition to Income34Section 143(3)33Section 36(1)(vii)21Section 14A17Section 14717Section 6816Exemption15

JASPER AUTO SERVICES PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HYDERABAD

In the result, appeal of the assessee is partly allowed for statistical purposes, in above terms

ITA 705/HYD/2020[2014-15]Status: DisposedITAT Hyderabad28 Oct 2021AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahuassessment Year: 2014-15 Jasper Auto Services Pvt. Vs. Dy. Commissioner Of Ltd., Hyderabad. Income-Tax, Circle – 2(1), Hyderabad. Pan – Aaccb 0196P (Appellant) (Respondent)

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Smt. N. Swapna
Section 115JSection 143(3)Section 2Section 50BSection 5O

section contains special provision for computation of capital gains in case of slump sale. Respectfully following the above judgement of the Hon’ble Supreme Court, we set aside the order of the CIT(A) and direct the AO to delete the addition of Rs. 3,68,33,000/- made by the AO treating the same as long term capital gains

Showing 1–20 of 52 · Page 1 of 3

Section 36(1)(viia)14
Deduction9
Capital Gains8

REVANTH REDDY ANUMALA,BANJARA HILLS vs. A.C.I.T CENTRAL CIRCLE-1(2), HYDERABAD

ITA 650/HYD/2023[2017-2018]Status: DisposedITAT Hyderabad28 Jan 2026AY 2017-2018
For Appellant: CA K C DevdasFor Respondent: Dr. Narendra Kumar Naik, CIT-DR

253 contemplates that the Tribunal may admit an appeal or permit filing of memorandum of cross- objections after expiry of relevant period, if it is satisfied that there was a sufficient cause for not presenting it within that period. This expression sufficient cause employed in the section has also been used identically in sub- section 3 of section

KAKINADA INFRASTRUCTURE HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-2(1), HYDERABAD

ITA 1053/HYD/2025[2021-2022]Status: DisposedITAT Hyderabad21 Jan 2026AY 2021-2022
For Appellant: \nShri Naresh Jain, AdvocateFor Respondent: MS Reema Yadav, Sr. AR
Section 270A

253(5) of\nthe Act, we hereby condone the delay of 583 days in filing the\npresent appeals as we are satisfied that there was sufficient cause\nfor not presenting the appeals within the prescribed time and the\nappeals are hereby admitted for adjudication on merits.”\n4.2.\nTherefore, the Tribunal has considered the\nexplanation of the assessee as 'sufficient cause

KRISHNA KISHORE REDDY MANYAM ,HYDERABAD vs. INCOME TAX OFFICER, WARD-6(4) , HYDERABAD

In the result, the appeal filed by the assessee is partly allowed\nfor statistical purposes in terms of our aforesaid observations

ITA 58/HYD/2020[2008-09]Status: DisposedITAT Hyderabad02 Jun 2025AY 2008-09
Section 143(2)Section 143(3)Section 2(14)Section 548Section 54BSection 54F

Gain\n(LTCG). Elaborating on his contention, the Ld. AR submitted that\nas Village: Manchirevula falls within Rajendranagar Revenue\nMandal, therefore, it could not have been taken as a part and\nparcel of Hyderabad Municipal Corporation. The Ld. AR submitted\nthat \"Rajendranagar” is also one of the Municipal Corporation.\nElaborating further on his contention, the Ld. AR submitted that

GAJANAN FINANCIAL SERVICES PRIVATE LIMITED, HYDERABAD,HYDERABAD vs. ACIT, CIRCLE-2(3), HYDERABAD, HYDERABAD

ITA 255/HYD/2017[2005-06]Status: DisposedITAT Hyderabad18 Aug 2021AY 2005-06

Bench: Shri S.S. Godara & Shri L. P. Sahu(Through Virtual Hearing)

For Appellant: Shri P. Murali Mohana RaoFor Respondent: Shri Y.V.S.T. Sai. (D.R.)
Section 143(2)Section 143(3)Section 147Section 148Section 70(3)

5. Learned counsel’s only argument in view of the foregoing factual background is that the Assessing Officer had issued notice(s) under section 143(2) / 142(1) dt.10.07.2007 and 7.5.2017 in first round. And that he had already examined the issue of set off of loss and therefore, his action under challenge invoking 148/147 mechanism of CIT Vs. Kelvinator

SRUJITHA ANNAPAREDDY,SECUNDERABAD vs. INCOME TAX OFFICER, WARD-12(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

ITA 253/HYD/2024[2016-17]Status: DisposedITAT Hyderabad22 May 2024AY 2016-17

Bench: Shri Manjunatha, G.आ.अपी.सं /Ita No.253/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2016-17) Smt. Surjitha Annapareddy Vs. Income Tax Officer Secunderabad Ward 12(1) Pan:Bnwpa6703L Hydrabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri A.V. Raghuram, Advocate राज" व "ारा/Revenue By:: Shri Y Srikanth Reddy, Dr सुनवाई की तारीख/Date Of Hearing: 22/05/2024 घोषणा की तारीख/Pronouncement: 22/05/2024

For Appellant: Shri A.V. Raghuram, AdvocateFor Respondent: : Shri Y Srikanth Reddy, DR
Section 10(38)Section 143(1)Section 147Section 148Section 68

5 of 10 ITA No 253 of 2024 Surjitha Annapareddy of shares. The assessee has disclosed Long-Term Capital Gain derived from sale of shares and claimed exemption u/s 10(38) of the I.T. Act, 1961. The assessee had also reported Long-Term Capital Gain derived from sale of shares in ITR filed for the impugned A.Y in Schedule

ACIT, CENTRAL CIRCLE-2(2), HYDERABAD vs. KAVYA KAZA, HYDERABAD

ITA 434/HYD/2022[2016-17]Status: DisposedITAT Hyderabad08 Nov 2023AY 2016-17

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri Ravi Bharadawaj, C.AFor Respondent: Ms. Vijaya Lakshmi, CIT-DR
Section 132Section 143(2)Section 153ASection 2(47)(v)

5) transferee has performed or is willing to perform his part of the contract - yes (e ) There is no stipulation in the above provisions of section 53A of the Transfer of Property Act that the possession to the transferee should be directly from the land owner.” 13. In support of his case, the learned DR relied on the following decisions

ACIT, CENTRAL CIRCLE-2(2) , HYDERABAD vs. LAKSHMI NARAYANA KAZA, , PEDAGONNURU

ITA 440/HYD/2022[2016-17]Status: DisposedITAT Hyderabad08 Nov 2023AY 2016-17

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri Ravi Bharadawaj, C.AFor Respondent: Ms. Vijaya Lakshmi, CIT-DR
Section 132Section 143(2)Section 153ASection 2(47)(v)

5) transferee has performed or is willing to perform his part of the contract - yes (e ) There is no stipulation in the above provisions of section 53A of the Transfer of Property Act that the possession to the transferee should be directly from the land owner.” 13. In support of his case, the learned DR relied on the following decisions

PANDA SRINIVAS,HYDERABAD vs. ADIT (INT TAXN)-2, HYDERABAD

ITA 682/HYD/2025[2018-19]Status: DisposedITAT Hyderabad26 Aug 2025AY 2018-19

Bench: Us:

Section 143(2)Section 144C(1)Section 144C(5)Section 147Section 148Section 148ASection 54F

Capital Gains” (“LTCG") on the sale of the subject property at Rs.2,66,74,645/-. 4. Apart from that, the A.O. made an addition of Rs.1,75,947/- based on the information gathered by him from Insight Portal as the income of the assessee from “Other Sources”. Accordingly, the A.O. vide his draft assessment order u/s 144C

ACIT, CIRCLE-5(1), HYDERABAD vs. USHODAYA ENTERPRISES PRIVATE LIMITED, HYDERABAD

ITA 1782/HYD/2025[2018-19]Status: DisposedITAT Hyderabad13 Mar 2026AY 2018-19
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 14A(2)

capital gains tax: It is an undisputed position that respondent assessee 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 all improbability. Dividend may or may not be declared. Dividend is declared

ACIT, CIRCLE-5(1), HYDERABAD vs. USHODAYA ENTERPRISES PRIVATE LIMITED, HYDERABAD

ITA 1781/HYD/2025[2017-18]Status: DisposedITAT Hyderabad13 Mar 2026AY 2017-18
Section 143(1)Section 143(2)Section 143(3)Section 14A

capital gains tax: It\nis an undisputed position that respondent assessee is an investment company\nand had invested by purchasing a substantial number of shares and thereby\nsecuring right to management. Possibility of sale of shares by private\nplacement etc. cannot be ruled out and is not all improbability. Dividend may or\nmay not be declared. Dividend is declared

PAYAL JINDAL ,HYDERABAD vs. INCOME TAX OFFICER, WARD-7(2), HYDERABAD

In the result, the appeals of both the assessees are allowed

ITA 57/HYD/2019[2010-11]Status: DisposedITAT Hyderabad03 Jul 2019AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

For Appellant: Shri Siddharth Toshniwala, ARFor Respondent: Smt. V. Aparna, DR
Section 143(3)Section 148Section 292BSection 50C

Capital Gain was offered in Return of Income ignoring the fact that the property was sold for the same price for which it was purchased and as result no gain or loss arose. 7) That the learned CIT(Appeals) erred in confirming the action of Assessing Officer of taking value fixed by Registration Authority for Stamp Duty as full value

RAJKUMAR JINDAL,HYDERABAD vs. INCOME TAX OFFICER, WARD-7(2), HYDERABAD

In the result, the appeals of both the assessees are allowed

ITA 56/HYD/2019[2010-11]Status: DisposedITAT Hyderabad03 Jul 2019AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

For Appellant: Shri Siddharth Toshniwala, ARFor Respondent: Smt. V. Aparna, DR
Section 143(3)Section 148Section 292BSection 50C

Capital Gain was offered in Return of Income ignoring the fact that the property was sold for the same price for which it was purchased and as result no gain or loss arose. 7) That the learned CIT(Appeals) erred in confirming the action of Assessing Officer of taking value fixed by Registration Authority for Stamp Duty as full value

SWASTIK VEGETABLE OIL PRODUCTS PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE - 2(1), HYDERABAD

In the result, the appeals of the assessee company in ITA Nos

ITA 1101/HYD/2025[2012-13]Status: DisposedITAT Hyderabad21 Jan 2026AY 2012-13

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1101, 1102, 1103, 1104 & 1105/Hyd/2025 (िनधा"रण वष"/Assessment Years: 2012-13 To 2016-17) Swastik Vegetable Oil Vs. Assistant Commissioner Products Private Limited, Of Income Tax, Hyderabad. Central Circle-2(1), Pan: Aadcs2224G Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Siddharth Toshnival, Advocate राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 13/11/2025 घोषणा की तारीख/Date Of 21/01/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Captioned Appeals Filed By The Assessee Company Are Directed Against The Respective Orders Passed By The Cit(Appeals), Dated 19.03.2025, Which In Turn Arises From The Orders Passed By The Ao Under Section 143(3) R.W. Section 153C Of The Income- Tax Act, 1961, Dated 31.05.2021, For The Assessment Years 2012-13 To 2016-17. As Certain Common Issues Are Involved In The Present Appeals, Therefore, The Same Are Being Taken Up & Disposed Of Vide A Private Limited Vs. Acit

For Appellant: Shri Siddharth ToshnivalFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 132Section 143(3)Section 153CSection 153D

capital gains arising from the sale of plots out of the same land in its return of income for the relevant assessment year by invoking the deeming provisions of section 50C of the Act. We, thus, in the backdrop of the aforesaid facts, are of a firm conviction that the nexus between the seized material and the assessee’s land

SWASTIK VEGETABLE OIL PRODUCTS PRIVATE LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE - 2(1), HYDERABAD

In the result, the appeals of the assessee company in ITA Nos

ITA 1102/HYD/2025[2013-14]Status: DisposedITAT Hyderabad21 Jan 2026AY 2013-14

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1101, 1102, 1103, 1104 & 1105/Hyd/2025 (िनधा"रण वष"/Assessment Years: 2012-13 To 2016-17) Swastik Vegetable Oil Vs. Assistant Commissioner Products Private Limited, Of Income Tax, Hyderabad. Central Circle-2(1), Pan: Aadcs2224G Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Siddharth Toshnival, Advocate राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 13/11/2025 घोषणा की तारीख/Date Of 21/01/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Captioned Appeals Filed By The Assessee Company Are Directed Against The Respective Orders Passed By The Cit(Appeals), Dated 19.03.2025, Which In Turn Arises From The Orders Passed By The Ao Under Section 143(3) R.W. Section 153C Of The Income- Tax Act, 1961, Dated 31.05.2021, For The Assessment Years 2012-13 To 2016-17. As Certain Common Issues Are Involved In The Present Appeals, Therefore, The Same Are Being Taken Up & Disposed Of Vide A Private Limited Vs. Acit

For Appellant: Shri Siddharth ToshnivalFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 132Section 143(3)Section 153CSection 153D

capital gains arising from the sale of plots out of the same land in its return of income for the relevant assessment year by invoking the deeming provisions of section 50C of the Act. We, thus, in the backdrop of the aforesaid facts, are of a firm conviction that the nexus between the seized material and the assessee’s land

SWASTIK VEGETABLE OIL PRODUCTS PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE - 2(1), HYDERABAD

In the result, the appeals of the assessee company in ITA Nos

ITA 1104/HYD/2025[2015-16]Status: DisposedITAT Hyderabad21 Jan 2026AY 2015-16

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1101, 1102, 1103, 1104 & 1105/Hyd/2025 (िनधा"रण वष"/Assessment Years: 2012-13 To 2016-17) Swastik Vegetable Oil Vs. Assistant Commissioner Products Private Limited, Of Income Tax, Hyderabad. Central Circle-2(1), Pan: Aadcs2224G Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Siddharth Toshnival, Advocate राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 13/11/2025 घोषणा की तारीख/Date Of 21/01/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Captioned Appeals Filed By The Assessee Company Are Directed Against The Respective Orders Passed By The Cit(Appeals), Dated 19.03.2025, Which In Turn Arises From The Orders Passed By The Ao Under Section 143(3) R.W. Section 153C Of The Income- Tax Act, 1961, Dated 31.05.2021, For The Assessment Years 2012-13 To 2016-17. As Certain Common Issues Are Involved In The Present Appeals, Therefore, The Same Are Being Taken Up & Disposed Of Vide A Private Limited Vs. Acit

For Appellant: Shri Siddharth ToshnivalFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 132Section 143(3)Section 153CSection 153D

capital gains arising from the sale of plots out of the same land in its return of income for the relevant assessment year by invoking the deeming provisions of section 50C of the Act. We, thus, in the backdrop of the aforesaid facts, are of a firm conviction that the nexus between the seized material and the assessee’s land

SWASTIK VEGETABLE OIL PRODUCTS PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE - 2(1), HYDERABAD

In the result, the appeals of the assessee company in ITA Nos

ITA 1103/HYD/2025[2014-15]Status: DisposedITAT Hyderabad21 Jan 2026AY 2014-15

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1101, 1102, 1103, 1104 & 1105/Hyd/2025 (िनधा"रण वष"/Assessment Years: 2012-13 To 2016-17) Swastik Vegetable Oil Vs. Assistant Commissioner Products Private Limited, Of Income Tax, Hyderabad. Central Circle-2(1), Pan: Aadcs2224G Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Siddharth Toshnival, Advocate राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 13/11/2025 घोषणा की तारीख/Date Of 21/01/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Captioned Appeals Filed By The Assessee Company Are Directed Against The Respective Orders Passed By The Cit(Appeals), Dated 19.03.2025, Which In Turn Arises From The Orders Passed By The Ao Under Section 143(3) R.W. Section 153C Of The Income- Tax Act, 1961, Dated 31.05.2021, For The Assessment Years 2012-13 To 2016-17. As Certain Common Issues Are Involved In The Present Appeals, Therefore, The Same Are Being Taken Up & Disposed Of Vide A Private Limited Vs. Acit

For Appellant: Shri Siddharth ToshnivalFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 132Section 143(3)Section 153CSection 153D

capital gains arising from the sale of plots out of the same land in its return of income for the relevant assessment year by invoking the deeming provisions of section 50C of the Act. We, thus, in the backdrop of the aforesaid facts, are of a firm conviction that the nexus between the seized material and the assessee’s land

JT. COMMISSIONER OF INCOME TAX(OSD), CENTRAL CIRLCE-1(4), HYDERABAD vs. MEDHA SERVO DRIVES PRIVATE LIMITED, HYDERABAD

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

ITA 654/HYD/2018[2013-14]Status: DisposedITAT Hyderabad24 Aug 2021AY 2013-14

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri V. Shiva KumarFor Respondent: Shri Sunil Kumar Pandey, DR
Section 143(3)Section 14A

section 41 (1) of the Income-tax Act, 1961 ('the Act') either. Thereupon the revenue asked for and obtained the reference of the following question : CO No. 23/H/2018 Medha Servo Drives Pvt. Ltd.,, Hyd. "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the amount

JT. COMMISSIONER OF INCOME TAX(OSD), CENTRAL CIRLCE-1(4), HYDERABAD vs. MEDHA SERVO DRIVES PRIVATE LIMITED, HYDERABAD

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

ITA 655/HYD/2018[2014-15]Status: DisposedITAT Hyderabad24 Aug 2021AY 2014-15

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri V. Shiva KumarFor Respondent: Shri Sunil Kumar Pandey, DR
Section 143(3)Section 14A

section 41 (1) of the Income-tax Act, 1961 ('the Act') either. Thereupon the revenue asked for and obtained the reference of the following question : CO No. 23/H/2018 Medha Servo Drives Pvt. Ltd.,, Hyd. "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the amount

SHIV KUMAR MITTAL,HYDERABAD vs. INCOME TAX OFFICER, WARD-8(2), HYDERABAD

In the result, the appeals of both the assessees are allowed

ITA 633/HYD/2018[2009-10]Status: DisposedITAT Hyderabad30 Aug 2019AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamonyassessment Year: 2009-10 Shiv Kumar Mittal, Vs. Income-Tax Officer, Hyderabad. Ward – 8(2), Hyderabad. Pan – Acipm 3813 D Appellant Respondent Assessee By: Shri Vikash Modi Revenue By: Smt. V. Aparna Date Of Hearing: 04/06/2019 Date Of Pronouncement: 30/08/2019 O R D E R Per Smt. P. Madhavi Devi, J.M. This Is An Appeal Of The Assessee For The Ay 2009-10 Against The Order Of Cit(A) – 8, Hyderabad, Dated, 16/02/2018. 2. Brief Facts Of The Case Are That The Assessee, An Individual, Had Sold A Property Situated At Kondapur Grampanchayat, Serilingampally Mandal, Rr District Vide Sale Deed No. 4100/2008 Dated 5Th June, 2008 For A Consideration Of Rs. 15,48,000/-, Whereas The Guideline Value Of The Property As Adopted By The Stamp Valuation Authority Was Rs. 50,56,000/-. Since The Assessee Did Not Offer Any Capital Gains On This Transaction To Tax, Ao Initiated Proceedings U/S 147 Of The Act By Issuing A Notice U/S 148 On 24/03/2016, Which Was Served On The Assessee By Way Of Affixture At The Last Known Address & Thereafter Notice U/S 142(1) Was Also Issued On 09/05/2016. Since There Was No Reply From The Assessee, A 2 I.T.A. No. 633/Hyd/18 Shiv Kumar Mittal, Hyd..

For Appellant: Shri Vikash ModiFor Respondent: Smt. V. Aparna
Section 142(1)Section 147Section 148Section 282(1)Section 50C

capital gains and brought the same to tax. 3. Aggrieved, the assessee preferred an appeal before the CIT(A), who confirmed the order of AO as far as service of notice u/s 148 is concerned. However, he granted partial relief by directing the AO to compute the LTCG by reducing the cost of acquisition along with indexation. Thus, the assessee