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57 results for “capital gains”+ Section 149(3)clear

Sorted by relevance

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Key Topics

Section 143(3)49Addition to Income48Section 14832Section 14727Section 153A20Section 143(2)17Section 6814Disallowance10Capital Gains9

SHRI SHARAD AGRAWAL,INDORE vs. THE JCIT RANGE-4, INDORE

In the result, all these three appeals of the Assessees are partly allowed

ITA 153/IND/2013[2009-10]Status: DisposedITAT Indore31 May 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year : 2009-10

Section 111ASection 143(3)Section 147Section 148

section 111A with the object to end the litigation. Hon’ble Finance Minister while presenting Union Budget – 2004-05, clarified the aim and object of Government for introducing the security transaction tax and exempting the long term capital gain from sale of share and levying 10% tax and on short term capital gain on sale of shares . The contents

NILIMA KOTHARI,INDORE vs. THE INCOME TAX OFFICER, NATIONAL FACELESS ASSTT. CENTRE, INDORE

In the result appeal of the assessee is allowed as per terms indicated above

Showing 1–20 of 57 · Page 1 of 3

Section 153C8
Section 50C8
Reopening of Assessment8
ITA 259/IND/2024[2016-17]Status: DisposedITAT Indore20 Sept 2024AY 2016-17

Bench: Shri Manish Boradsmt. Neelima Kothari, Income Tax Officer, 601, N.R.K. Villas, Delhi Vs. 22/2 Manoramaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Adnpk7832J Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 08.08.2024 Date Of Pronouncement 20.09.2024

Section 10(38)Section 147Section 148Section 151Section 68

capital gain earned on sale of shares was Rs.24,39,177/- only i.e. much less than Rs. 50 lacs. Hence the proceedings initiated u/s 148 of the Act were barred by time. The AO disposed off the objection relying upon CBDT instruction no.1 dated 11.05.2022. Kind attention is invited to recent judgment in the case of SitaramGautam vs. DCIT

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 244/IND/2017[2012-13]Status: DisposedITAT Indore25 Jan 2023AY 2012-13

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

gain under section 10(38) of the Act can be made in the absence of any incriminating material found during the course of search. These submissions and case laws referred to by the assessee are reproduced by the ld.CIT(A) in his impugned order. The ld.CIT(A) after considering detailed submissions of the assessee and case laws cited

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 309/IND/2017[2013-14]Status: DisposedITAT Indore25 Jan 2023AY 2013-14

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

gain under section 10(38) of the Act can be made in the absence of any incriminating material found during the course of search. These submissions and case laws referred to by the assessee are reproduced by the ld.CIT(A) in his impugned order. The ld.CIT(A) after considering detailed submissions of the assessee and case laws cited

JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 441/IND/2018[2014-15]Status: DisposedITAT Indore25 Jan 2023AY 2014-15

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

gain under section 10(38) of the Act can be made in the absence of any incriminating material found during the course of search. These submissions and case laws referred to by the assessee are reproduced by the ld.CIT(A) in his impugned order. The ld.CIT(A) after considering detailed submissions of the assessee and case laws cited

ACIT(CENTRAL)-1, INDORE, INDORE vs. SHRI RAUNAK MARU, INDORE

The appeals of the Revenue are dismissed

ITA 27/IND/2021[2013-14]Status: DisposedITAT Indore15 Mar 2022AY 2013-14

Bench: Shri Mahavir Prasad & Shri Manish Borad

Section 132Section 143(3)Section 148Section 153A

capital gains. The Honourable Bombay High Court in the case of Prashant S. Joshi (Supra) has categorically stated that the amounts received by the retiring partner are neither chargeable to tax under section 28(iv) nor under section 28(v). Therefore, the findings 16 Shri Rajul Bhargava, Indore & otr. rendered by the ITSC in the assessees’ own case on this

ACIT(CENTRAL)-1,, INDORE vs. SHRI RAJUL BHARGAVA, INDORE

The appeals of the Revenue are dismissed

ITA 26/IND/2021[2013-14]Status: DisposedITAT Indore15 Mar 2022AY 2013-14

Bench: Shri Mahavir Prasad & Shri Manish Borad

Section 132Section 143(3)Section 148Section 153A

capital gains. The Honourable Bombay High Court in the case of Prashant S. Joshi (Supra) has categorically stated that the amounts received by the retiring partner are neither chargeable to tax under section 28(iv) nor under section 28(v). Therefore, the findings 16 Shri Rajul Bhargava, Indore & otr. rendered by the ITSC in the assessees’ own case on this

SHRI SHIV CHARAN SINGH BAIS,BHOPAL vs. THE ITO WD-3(1), BHOPAL

In the result, the appeal of the Assessee is dismissed

ITA 187/IND/2014[2008-09]Status: DisposedITAT Indore31 Jan 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2008-09

Section 143(3)Section 54

3. Aggrieved by this the assessee preferred an appeal before the Ld. CIT(A) who after considering the submissions sustained the addition to the extent of Rs. 23,89,533/- against Rs.28,59,057/- made by the AO in respect of Long Term Capital Gains. 4. Now the assessee has preferred the present appeal. Ground No.1 to 4 are against

SHRI NARAYAN DAS TOLANI,BHOPAL vs. THE ITO 3(1), BHOPAL

In the result, the appeal of the assessee on this ground is allowed

ITA 834/IND/2016[2007-08]Status: DisposedITAT Indore28 Feb 2017AY 2007-08

Bench: Shri C. M. Garg & Shri O.P. Meena

Section 133ASection 142ASection 143(3)Section 150(1)

capital gains had already been taxed in assessment year 1962-63 when land was acquired, directed ITO to bring it to tax in current assessment year. Such directions of the ld. CIT(A) were held to be unsustainable. We find that in Onkar Nath, 64 ITR 347 (All.), Hon'ble Allahabad High Court held that the law gives

DEPUTY COMMISSIONER OF INCOME TAX - 3(1), INDORE vs. SHRI RAJEEV AJMERA, INDORE

In the result, the appeal of Revenue is partly allowed for statistical purposes

ITA 51/IND/2018[2010-11]Status: DisposedITAT Indore31 Aug 2022AY 2010-11

Bench: Ms.Suchitra Kamble & Shrib.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2010-11 Dcit-3(1) Shri Rajeev Ajmera, Indore बनाम/ Indore Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Co No.23/Ind/2018 (Arising Out Of Ita No.51/Ind/2018) Assessment Year: 2010-11 Shri Rajeev Ajmera, Dcit-3(1) Indore Indore बनाम/ Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Assessee By Shri Mahendra Mittal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 31.08.2022 आदेश/ O R D E R

Section 143(2)Section 143(3)Section 14ASection 44A

gain against the sale of flat of Rs. 68,79,170/- by stating that the appeal is allowed for statistical purpose merely on affidavit filed by the assessee and ignoring the fact that the residential flat was held by the assessee as capital asset as per purchase deed & assessee is in real estate consultancy business. 3. Whether on the facts

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

ITA 232/IND/2017[2013-14]Status: DisposedITAT Indore29 Oct 2021AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

149/- received donations at Rs. 140675754/- and therefore learned Assessing Officer directed to furnish the complete list of the donors along with their address and the appellant was directed to produce details. That, the assessee submitted the details on 03.03.2016 and as per the assessment order itself the list comprised of 27746 persons. The said list contained the serial number

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

ITA 776/IND/2018[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

149/- received donations at Rs. 140675754/- and therefore learned Assessing Officer directed to furnish the complete list of the donors along with their address and the appellant was directed to produce details. That, the assessee submitted the details on 03.03.2016 and as per the assessment order itself the list comprised of 27746 persons. The said list contained the serial number

SHRI PURSHOTTAM KHATRI , BHOPAL vs. ITO 3(3), BHOPAL, BHOPAL

In the result, the appeal filed by the assessee in ITA

ITA 741/IND/2018[2009-10]Status: DisposedITAT Indore05 Aug 2019AY 2009-10

Bench: Shri Kul Bharatassessment Year: 2009-10

Section 143(2)Section 147Section 148Section 149Section 234ASection 234BSection 271(1)(c)Section 48Section 50CSection 74

capital gain arising there from pertain to the assessee was Rs.5,75,000/- as against the Rs.1,50,007/- the difference thereof amounting to Rs.4,22,993/- was added to the income of the assessee. 3. Aggrieved by this the assessee preferred an appeal before the Ld. CIT(A) who after considering the submissions dismissed the appeal

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

ITA 305/IND/2023[2015-16]Status: DisposedITAT Indore24 Jun 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 142(1)Section 153A

149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall- (a) issue notice to such person requiring him to furnish within such period

SHANKAR SEWANI,NEW MARKET vs. ASSESSING OFFICER, AAYKAR BHAWAN

In the result appeal of the assessee is allowed for statistical

ITA 25/IND/2024[2011-12]Status: DisposedITAT Indore12 Jul 2024AY 2011-12

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Shankar Sewani, Dcit-1(1), 10 Kala Niketan, Bhopal New Market, Vs. T.T. Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Adkps6959H Assessee By Ms. Nisha Lahoti, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 10.07.2024 Date Of Pronouncement 12.07.2024 O R D E R

Section 147Section 148Section 153CSection 234BSection 3

section 147/148 of the Act when the Assessing Officer has recorded the reasons for reopening of the assessment that during the search operation in Signature Group conducted by the Investigation Wing, Bhopal certain loose papers were seized from the premises of Signature Group showing the receipt of security money by the assessee as per 2 Shankar Sewani the agreement found

SMT SADHNA VOHRA,BHOPAL vs. ITO 1(3), BHOPAL

In the result, the appeal filed by the assessee is

ITA 735/IND/2018[2010-11]Status: DisposedITAT Indore18 Jul 2019AY 2010-11

Bench: Shri Kul Bharatassessment Year: 2010-11

Section 131Section 132Section 153CSection 69

capital gain arising out of sale of 3 acres of land to Future Soumya Housing was already offered for tax in the assessment year 2012-13. It is argued that no reliance can be made on the document executed for transfer of land in the year under appeal. It is vehemently argued on behalf of the assessee that the impugned

SHRI PRABHAT SOJATIA,INDORE vs. THE ACIT 2(1), INDORE

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

ITA 310/IND/2015[2010-11]Status: DisposedITAT Indore23 Oct 2018AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Borad

Section 143(2)Section 234BSection 271(1)(c)Section 50CSection 54BSection 68

gains on the sale of agricultural land at Rao is exempt u/s. 54B. If the said ground is allowed, the addition, if any would be neutralized. f. Ld AO in the remand proceedings has accepted this fact at CIT(A) pg. 18 para 3, which is quoted as under: “Assessee has submitted copies of sale deed of land and letter

SHRI SUNIL SOJATIA,INDORE vs. THE ACIT CIRCLE -2(1), INDORE

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

ITA 312/IND/2015[2010-11]Status: DisposedITAT Indore23 Oct 2018AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Borad

Section 143(2)Section 234BSection 271(1)(c)Section 50CSection 54BSection 68

gains on the sale of agricultural land at Rao is exempt u/s. 54B. If the said ground is allowed, the addition, if any would be neutralized. f. Ld AO in the remand proceedings has accepted this fact at CIT(A) pg. 18 para 3, which is quoted as under: “Assessee has submitted copies of sale deed of land and letter

M/S OMPRAKASH MITTAL,INDORE vs. ITO 2(2), INDORE

In the result, this appeal of assessee is allowed for statistical purposes

ITA 243/IND/2021[2017-18]Status: DisposedITAT Indore20 Jun 2022AY 2017-18

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

Section 143(2)Section 143(3)Section 56(2)(vii)

3,74,149/- paid in the comparable instances. Ld. AR submitted that the assessee has brought these instances to the knowledge of Ld. DVO vide letter dated 09.12.219 which is very much clear from the Report of Ld. DVO, placed at Page No. 70 of the Paper-Book, but the Ld. DVO has not considered the same. Ld. AR also

YAKSHA INFRASTRUCTURE COMPANY (P) LTD. (FORMERLY KNOWN FROLIC REALTY (P) LTD.),MUMBAI vs. DCIT-3(1) , INDORE

Appeal is dismissed

ITA 290/IND/2019[2011-12]Status: DisposedITAT Indore14 Mar 2023AY 2011-12

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri Sumit Nema & shri GaganFor Respondent: Shri P. K. Mishra, CIT.D.R
Section 143(3)

capital gains by the assessee, given the fact that the assessee failed to submit the most basic details pertaining the share transactions such as quantity purchased and sold, rate of purchase and sale, frequency of transactions, etc.?” 5. The brief fact leading to the case is this that the assessee is a Private Limited Company, engaged, in the business