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189 results for “capital gains”+ Penaltyclear

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Key Topics

Addition to Income66Section 143(3)59Section 271(1)(c)57Penalty42Section 14829Section 143(2)26Section 271A26Section 6825Section 54B25Section 147

THE ACIT, CIRCLE 2(1), INDORE vs. DR. SHRI RAJEEV CHAUDHARY, INDORE

In the result, the appeal of the revenue is allowed and cross objection of the assessee is partly allowed

ITA 293/IND/2012[2008-09]Status: DisposedITAT Indore10 Jan 2019AY 2008-09

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Pan : Abkpc5729K Assistant Commissioner Of V/S Dr.Rajeev Choudhary Income Tax, 1, Shiv Vilas Palace Circle-2(1), Indore Indore

Section 147Section 14A

penalty u/s 271 (1 )(c ) is initiated. The above issue is also dealt by the Hon'ble ITAT, Mumbai in two recent cases and held as under :- (A) Sadhana Nabera vs. ACIT (ITAT Mumbai) dated 2510512010 Rajeev Choudhary ITA Nos.293/Ind/2012& C.O.No.65/Ind/2012 Tests laid down to determine whether income from shares is "business" income or "capital gains

SADHU RAM BALANI,INDORE vs. ITO-5(1), INDORE, INDORE

ITA 470/IND/2023[2014-15]Status: HeardITAT Indore24 Sept 2024

Showing 1–20 of 189 · Page 1 of 10

...
23
Disallowance22
Deduction12
AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisadhu Ram Balani Ito-5(1) Flat No.B-503, Moti Mahal Indore Apartment 28-A, Sector-C Vs. Scheme No.71, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Abspb5367L Assessee By Shri S.N. Agrawal, Ar Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 04.09.2024 Date Of Pronouncement 24.09.2024

Section 10(38)Section 132Section 133A

capital gain as the assessee claimed purchase of these shares off market and thereafter these were dematerialized Page 7 of 51 ITANo.470/Ind/2023 Sadhuram Balani just before the sale at steep rise of share price about 25 times of the purchase price. This shows that it is not a normal transaction of purchase and sale of shares but the transactions were

M/S. CHARITRA GOLD PVT. LTD.,RATLAM vs. THE PR. CIT, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 517/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

Capital Gain. Therefore the assessment order of Ld. A.O dated 22.12.2016 cannot be held to be erroneous in so far as prejudicial to the interest of revenue. We thus quash the impugned orders u/s 263 of the Act as the action of Ld. PCIT is contrary to the ratio laid down by the binding precedence and restore the assessment order

DHIRENDRA INTERNATIONAL (P) LTD.,NEEMUCH vs. PR. CIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 750/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

Capital Gain. Therefore the assessment order of Ld. A.O dated 22.12.2016 cannot be held to be erroneous in so far as prejudicial to the interest of revenue. We thus quash the impugned orders u/s 263 of the Act as the action of Ld. PCIT is contrary to the ratio laid down by the binding precedence and restore the assessment order

SHRI MANOJ MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 637/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

Capital Gain. Therefore the assessment order of Ld. A.O dated 22.12.2016 cannot be held to be erroneous in so far as prejudicial to the interest of revenue. We thus quash the impugned orders u/s 263 of the Act as the action of Ld. PCIT is contrary to the ratio laid down by the binding precedence and restore the assessment order

SHRI MANISH MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 635/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

Capital Gain. Therefore the assessment order of Ld. A.O dated 22.12.2016 cannot be held to be erroneous in so far as prejudicial to the interest of revenue. We thus quash the impugned orders u/s 263 of the Act as the action of Ld. PCIT is contrary to the ratio laid down by the binding precedence and restore the assessment order

SHRI GOVIND DAS MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 634/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

Capital Gain. Therefore the assessment order of Ld. A.O dated 22.12.2016 cannot be held to be erroneous in so far as prejudicial to the interest of revenue. We thus quash the impugned orders u/s 263 of the Act as the action of Ld. PCIT is contrary to the ratio laid down by the binding precedence and restore the assessment order

SHRI ADITYA MUNDRA,DEWAS vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 632/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

Capital Gain. Therefore the assessment order of Ld. A.O dated 22.12.2016 cannot be held to be erroneous in so far as prejudicial to the interest of revenue. We thus quash the impugned orders u/s 263 of the Act as the action of Ld. PCIT is contrary to the ratio laid down by the binding precedence and restore the assessment order

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

ITA 50/IND/2020[150-16]Status: DisposedITAT Indore06 Dec 2022

Bench: Shri T.R. Senthil Kumar & Shri B.M. Biyani

Section 10(38)Section 143(3)Section 68Section 69C

capital gain and paper work has been done merely to give a colour of authenticity to the transaction and by creating a façade of legitimate transactions. The same is therefore chargeable to tax u/ s 68 of IT Act. Section 68 of the Income-tax Act, 1961, reads as under: "68. Where any sum is found credited in the books

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

ITA 909/IND/2018[2014-15]Status: DisposedITAT Indore07 Dec 2022AY 2014-15

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

Section 10(38)Section 143(3)Section 68Section 69C

capital gain and paper work has been done merely to give a colour of authenticity to the transaction and by creating a façade of legitimate transactions. The same is therefore chargeable to tax u/ s 68 of IT Act. Section 68 of the Income-tax Act, 1961, reads as under: "68. Where any sum is found credited in the books

SHRI ABHISHEK GUPTA,INDORE vs. ITO-5(5), INDORE

In the result, this appeal of assessee is dismissed

ITA 74/IND/2019[2014-15]Status: DisposedITAT Indore17 Aug 2022AY 2014-15

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

Section 10(38)Section 143(2)Section 143(3)Section 68

Capital Gain made by the respective assessee(s) deserves to be allowed as they have entered into the transactions of purchase and sales duly supported by the documents which have not found to be incorrect. The conditions provided u/s 10(38) of the Act have been fulfilled by the assessee(s) namely Shivnarayan Sharma, Sapan Shaw, Prayank Jain, Govind Harinarayan

PARMANAND SACHDEV,INDORE vs. ITO 5(5), INDORE

In the result, this appeal of assessee is dismissed

ITA 609/IND/2019[2014-15]Status: DisposedITAT Indore01 Dec 2022AY 2014-15

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

Section 10(38)Section 143(2)Section 143(3)Section 250Section 68

Gains to large number of persons in lieu of unaccounted cash. The basic objective of this racket is to convert black money into white without payment of Income Tax. The unaccounted cash of such persons [beneficiaries] is utilized to purchase shares of such companies at a very high artificially inflated market price. This practice is generally called Accommodation Entry Scam

RAJARAM PATIDAR,BHOPAL MADHYA PRADESH vs. INCOME TAX OFFICER 2(4), HOSHANGABAD ROAD

Appeal is partly allowed as indicated above

ITA 129/IND/2024[2010-11]Status: DisposedITAT Indore27 Jun 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2010-11 Rajaram Patidar, Income-Tax Officer, H.No.112, Near Ram Lila 2(4), Maidan, Hoshangabad Road, बनाम/ Ward No. 52-53, Bhopal Vs. Misrod (Assessee/Appellant) (Revenue/Respondent) Pan: Bkapp7594R Assessee By Shri Anil Khabya, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 26.06.2024 Date Of Pronouncement 27.06.2024

Section 143(2)Section 271(1)(c)Section 54B

capital gain to department. Therefore, the assessee has not made any voluntary disclosure, in fact the assessee concealed taxable gain in original return. Ld. DR further relied upon certain decisions to contend that the Hon’ble Courts have upheld imposition of penalty

HARPREET KAUR,BHOPAL vs. INCOME-TAX OFFICER, 5(2), BHOPAL, BHOPAL

Appeal is allowed in terms mentioned above

ITA 730/IND/2024[2009-10]Status: DisposedITAT Indore22 Aug 2025AY 2009-10
Section 131Section 133(6)Section 142(1)Section 143(2)Section 147Section 148Section 54Section 69A

Capital Gain Rs.44018/-\n2.4 However, having gone through the sale deed of the land bearing Khasra\nNo.528/1,528/3/1/2/1 Vill. Godermau, Near Reliance office, before Gandhi\nNagar Chowk, Patwari Halka no.04, R.I.Div-01, Tehsil Huzoor, Bhopal it was\nfound that the said land has been sold by the assessee to Shri Rajesh\nRathore on 05/02/2009. The sale consideration has been reflected

SHRI CDR, UDAI SINGH,BHOPAL vs. THE ACIT 3(1), BHOPAL

In the result, the appeal of the assessee is allowed

ITA 791/IND/2014[2010-11]Status: DisposedITAT Indore19 Jan 2017AY 2010-11

Bench: Shri D.T. Garasia & Shri O.P. Meenaआ.अ.सं./I.T.A. No.791/Ind/2014 "नधा"रण वष" /Assessment Year: 2010-11 Cdr Udaisingh Bhopal Pan – Aglps – 7299C :: अपीलाथ" /Appellant Vs Acit 3(1) :: ""यथ" /Respondent Bhopal Shri Ajay Tulsiyan & "नधा"रती क" ओर से/Assessee By Shri Pankaj Shah Shri K.G. Goyal राज"व क" ओर से/Revenue By 12.1.2017 सुनवाई क" तार"ख Date Of Hearing 19.1.2017 उ"घोषणा क" तार"ख Date Of Pronouncement

Section 143(3)Section 271(1)(c)

capital gains and penalty proceedings were initiated. In reply to show cause notice, the assessee has submitted as under :- “The return

SMT. PUSHPA AGRAWAL,INDORE vs. ITO WARD 5(2), INDORE, AAYKAR BHAWAN, OPPOSITE WHITE CHURCH, RESIDENCY AREA, INDORE

Appeal is allowed

ITA 499/IND/2024[2012-13]Status: DisposedITAT Indore30 Oct 2025AY 2012-13
Section 139Section 143(2)Section 143(3)Section 147Section 148Section 2(14)(iii)Section 54B

capital gain.\nFurther, I am satisfied that the assessee had concealed the particulars\nof her income, therefore, penalty proceedings u/s 271(1)(c) of the Act are\ninitiated

SMT. USHADEVI MANSINGAHKA,BHILWADA vs. AYAKAR BHAWAN, INDORE

In the result, the appeal of the assessee is allowed

ITA 397/IND/2018[2014-15]Status: DisposedITAT Indore26 Dec 2019AY 2014-15

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2014-15 Smt. Ushadevi Mansinghka Ito-1 बनाम/ Mansinghka House, Gangapur Khandwa Vs. Chouraha Bhilwada (Rajasthan) (Appellant) (Revenue) Pan: Aeepm1258G Appellant By Shri C.P. Rawka, Ca Revenue By Shri Puneet Kumar, Sr. Dr Date Of Hearing: 12.12.2019 Date Of Pronouncement: 26.12.2019 आदेश / O R D E R Per Manish Borad, A.M: This Appeal At The Instance Of Assessee Pertaining To A.Y. 2014-15 Is Directed Against The Order Of Commissioner Of Income Tax(Appeals)-Ii, Indore, (In Short ‘Cit’), Dated 20.03.2018 Which Is Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961(Hereinafter Called As The ‘Act’) Framed On 23.12.2016 By Ito- Khandwa.

Section 10(38)Section 142Section 143(3)Section 196

Capital Gain of Rs.94,93,723/- in A.Y. 2014-15. 9. The assessee in order to take the benefit of the Income Declaration Scheme 2016 filed a declaration u/s 183 of the Finance Act 2016 on Form No.1 and offered undisclosed income of Rs.95,00,000/- for A.Y. 2013-14 and accordingly paid the tax surcharge and penalty

RAMKUNWAR PATIDAR,BHOPAL vs. THE ITO 2 (4), BHOPAL

Appeal is dismissed

ITA 208/IND/2022[2009-10]Status: DisposedITAT Indore22 Feb 2024AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2009-10 Shri Ramkunwar Patidar, Income-Tax Officer, Village Salliya, 2(4), बनाम/ Post Bawadia Kalan, Bhopal Vs. Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Blxpp4909C Assessee By Shri S.S.Solanki, Ca & Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.01.2024 Date Of Pronouncement 22.02.2024

Section 143(3)Section 147Section 148Section 54F

Capital Gain Deposit Scheme and that the due date of filing the return of income tax is not as specified in Section 139(1) but as specified in Section 139(4) of the Act. The Assessing Officer declined the claim of the assessee and returned finding that the assessee has concealed her particulars of income and initiated proceedings for penalty

THE ITO 2 (2), BHOPAL vs. SHRI MUNSHIRAM BALKISHAN VERMA, BHOPAL

ITA 9/IND/2020[2008-09]Status: DisposedITAT Indore31 Mar 2023AY 2008-09

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

Section 147Section 148Section 27(1)(c)Section 54B

capital-gain of Rs. 3,10,21,341/- [3,29,84,651 (-) 19,63,310] vide assessment-order dated 30.03.2016. Subsequently, vide penalty

THE ITO 2 (2), BHOPAL vs. SHRI MUNSHIRAM BALKISHAN VERMA, BHOPAL

ITA 8/IND/2020[2008-09]Status: DisposedITAT Indore31 Mar 2023AY 2008-09

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

Section 147Section 148Section 27(1)(c)Section 54B

capital-gain of Rs. 3,10,21,341/- [3,29,84,651 (-) 19,63,310] vide assessment-order dated 30.03.2016. Subsequently, vide penalty