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36 results for “capital gains”+ Section 14A(2)clear

Sorted by relevance

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Key Topics

Section 14A45Section 143(3)41Section 26329Disallowance26Addition to Income26Section 143(2)12Section 14810Section 10(38)10Long Term Capital Gains

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

capital gain which is already disallowed in the assessment order pertaining to LTCG claimed as exempted income. iii. Section 14A - Expenditure incurred in relation to income not includible in total income, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part. of the total income under this

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

Showing 1–20 of 36 · Page 1 of 2

10
Section 1479
Section 689
Exemption8
ITA 51/IND/2018[2010-11]Status: Disposed
ITAT Indore
31 Aug 2022
AY 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

capital gain is exempted u/s 10(38). Therefore, the Ld. AO held that disallowance u/s 14A is attracted. Based on these observations, Ld. AO invoked section 14A and made disallowance of Rs. 4,63,431/- in terms of working as per Rule 8D. 27. During appeal, the assessee reiterated the same submissions. Additionally, the assessee submitted that

M/S. COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,INDORE vs. THE ASST. COMMISSIONER OF INCOME TAX-2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

ITA 179/IND/2016[2011-12]Status: DisposedITAT Indore10 Apr 2023AY 2011-12

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri Vishal Kalra, AdvocateFor Respondent: Shri P.K. Mishra, CIT DR
Section 143(3)Section 144C(13)Section 144C(8)

14A read with Rule 8D. 4. Being aggrieved by the Assessment Order, the assessee filed appeal before us. 5. The Ld. AR submitted that the assessee company was incorporated in India on 13.09.1996. The assessee provides software development and maintenance services from STPI and SEZ registered units. The primary activities of the assessee relate to provision of software development services

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE 2(1) , INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

ITA 319/IND/2018[2013-14]Status: DisposedITAT Indore10 Apr 2023AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri Vishal Kalra, AdvocateFor Respondent: Shri P.K. Mishra, CIT DR
Section 143(3)Section 144C(13)Section 144C(8)

14A read with Rule 8D. 4. Being aggrieved by the Assessment Order, the assessee filed appeal before us. 5. The Ld. AR submitted that the assessee company was incorporated in India on 13.09.1996. The assessee provides software development and maintenance services from STPI and SEZ registered units. The primary activities of the assessee relate to provision of software development services

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. THE ACIT-CIRCLE 2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

ITA 292/IND/2017[2012-13]Status: DisposedITAT Indore10 Apr 2023AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri Vishal Kalra, AdvocateFor Respondent: Shri P.K. Mishra, CIT DR
Section 143(3)Section 144C(13)Section 144C(8)

14A read with Rule 8D. 4. Being aggrieved by the Assessment Order, the assessee filed appeal before us. 5. The Ld. AR submitted that the assessee company was incorporated in India on 13.09.1996. The assessee provides software development and maintenance services from STPI and SEZ registered units. The primary activities of the assessee relate to provision of software development services

PAWAN KUMAR CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

ITA 202/IND/2019[2011-12]Status: DisposedITAT Indore22 Sept 2021AY 2011-12

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Harshit Bari, Sr. DR
Section 10(38)Section 147Section 147oSection 148

capital gains earned during the year were duly disclosed. The case was not picked up for scrutiny. The time limit to issue notice u/s 143(2) for the year had already expired on 30/09/2011. No proceedings were pending against the assessee for this year on the date of search. Hence, it was non- abated year. Therefore, the addition, which could

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

ITA 201/IND/2019[2012-13]Status: DisposedITAT Indore22 Sept 2021AY 2012-13

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Harshit Bari, Sr. DR
Section 10(38)Section 147Section 147oSection 148

capital gains earned during the year were duly disclosed. The case was not picked up for scrutiny. The time limit to issue notice u/s 143(2) for the year had already expired on 30/09/2011. No proceedings were pending against the assessee for this year on the date of search. Hence, it was non- abated year. Therefore, the addition, which could

ASHISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

ITA 199/IND/2019[2011-12]Status: DisposedITAT Indore22 Sept 2021AY 2011-12

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Harshit Bari, Sr. DR
Section 10(38)Section 147Section 147oSection 148

capital gains earned during the year were duly disclosed. The case was not picked up for scrutiny. The time limit to issue notice u/s 143(2) for the year had already expired on 30/09/2011. No proceedings were pending against the assessee for this year on the date of search. Hence, it was non- abated year. Therefore, the addition, which could

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

ITA 200/IND/2019[2011-12]Status: DisposedITAT Indore22 Sept 2021AY 2011-12

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Harshit Bari, Sr. DR
Section 10(38)Section 147Section 147oSection 148

capital gains earned during the year were duly disclosed. The case was not picked up for scrutiny. The time limit to issue notice u/s 143(2) for the year had already expired on 30/09/2011. No proceedings were pending against the assessee for this year on the date of search. Hence, it was non- abated year. Therefore, the addition, which could

THE ACIT, CENTRAL-1, INDORE vs. M/S. ARIHANT CAPITAL MARKETS LTD., INDORE

In the result, the appeal of the revenue and cross objection of

ITA 370/IND/2017[2013-14]Status: DisposedITAT Indore31 May 2018AY 2013-14

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2013-14

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

capital gains and the assessee has never earned any exempt income in respect of these investments. 2. Substantial dividend No dividend income income was earned from has been ever earned the investments in the by the assessee from shares of investee listed the investments in the group company. This shares of private dividend income was companies. In this claimed

THE DCIT, 2(1), INDORE vs. M/S. TREASURE WORLD DEVELOPERS PVT. LTD., INDORE

In the result both the Cross Appeals are dismissed

ITA 439/IND/2014[2009-10]Status: DisposedITAT Indore27 Jun 2024AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Treasure World Acit 4(1), बनाम/ Developers Pvt. Ltd, Indore Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Assessee/Appellant) (Revenue/Respondent) Acit 4(1), M/S. Treasure World बनाम/ Indore Developers Pvt. Ltd, Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Revenue/Appellant) (Assessee/Respondent)

Section 14ASection 178

2)(iii) = 0.5% of the average value of Investment, income from which does not form part of the total income. = 0.5% of average of (Rs. 50,14,78,065/- and Rs. 135,46,81,328/-). = Rs. 46,40,398/- Therefore, the amount of interest disallowable u/s 14A computed on th basis of rule 8D comes

M/S. TREASURE WORLD DEVELOPERS PVT. LTD.,INDORE vs. THE ACIT 2(1), INDORE

In the result both the Cross Appeals are dismissed

ITA 398/IND/2014[2009-10]Status: DisposedITAT Indore27 Jun 2024AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Treasure World Acit 4(1), बनाम/ Developers Pvt. Ltd, Indore Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Assessee/Appellant) (Revenue/Respondent) Acit 4(1), M/S. Treasure World बनाम/ Indore Developers Pvt. Ltd, Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Revenue/Appellant) (Assessee/Respondent)

Section 14ASection 178

2)(iii) = 0.5% of the average value of Investment, income from which does not form part of the total income. = 0.5% of average of (Rs. 50,14,78,065/- and Rs. 135,46,81,328/-). = Rs. 46,40,398/- Therefore, the amount of interest disallowable u/s 14A computed on th basis of rule 8D comes

ACIT CENTRAL-2, INDORE vs. M/S KALLYAN TOLL INFRASTRUCTURE LTD, INDORE

In the result, appeals of the Revenue ITANo

ITA 14/IND/2021[2017-18]Status: DisposedITAT Indore08 Mar 2022AY 2017-18

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2017-18 Acit Central-2, M/S Kalyan Toll Infrastructure Indore Ltd., Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aacck1840M Assessment Year:2015-16 Acit Central-2, M/S Keti Sangam Infrastructure India Ltd., Indore बनाम/ Indore Vs. (Appellant) (Respondent ) P.A. No.Aadck0129Q Revenue By Shri P.K. Mitra, Cit-Dr Assessees By Shri Ajay Tulsiyan, Ca Date Of Hearing: 22.12.2021 Date Of Pronouncement: 08.03.2022 आदेश / O R D E R

Section 14Section 143(3)Section 14A

2) stating that the claim of the assessee that no expenditure was incurred in relation to income which does not form part of total income is incorrect. It is seen that the AO has also applied section 1aA(3) while holding that all expenses connected with the exempt income have to be disallowed u/s l4A whether such expenses are direct

ACIT,CENTRAL-2, INDORE vs. M/S KRTI SANGAM INFRASTRUCTURE LTD , INDORE

In the result, appeals of the Revenue ITANo

ITA 15/IND/2021[2015-16]Status: DisposedITAT Indore08 Mar 2022AY 2015-16

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2017-18 Acit Central-2, M/S Kalyan Toll Infrastructure Indore Ltd., Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aacck1840M Assessment Year:2015-16 Acit Central-2, M/S Keti Sangam Infrastructure India Ltd., Indore बनाम/ Indore Vs. (Appellant) (Respondent ) P.A. No.Aadck0129Q Revenue By Shri P.K. Mitra, Cit-Dr Assessees By Shri Ajay Tulsiyan, Ca Date Of Hearing: 22.12.2021 Date Of Pronouncement: 08.03.2022 आदेश / O R D E R

Section 14Section 143(3)Section 14A

2) stating that the claim of the assessee that no expenditure was incurred in relation to income which does not form part of total income is incorrect. It is seen that the AO has also applied section 1aA(3) while holding that all expenses connected with the exempt income have to be disallowed u/s l4A whether such expenses are direct

THE ACIT, (CENTRAL)-1, INDORE vs. M/S. PRAKASH ASHPHLTING & TOO HIGHWAY LTD., INDORE

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

ITA 227/IND/2017[2010-11]Status: DisposedITAT Indore24 Apr 2018AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. Nos. 227 & 228/Ind/2017 "नधा"रणवष" / Assessment Years: 2010-11 & & 2011-12 Assistant Commissioner Of Vs. M/S Prakash Asphalting & Toll Highway Limited, Income-Tax (Central)-I, 76, Mall Road, Mhow, Indore. Indore.

Section 143(3)Section 14ASection 263

Section 14A read with rule 8D be deleted by appreciation of following factual and legal position; a. There are ample interest free funds available for investment in shares. A table showing year wise accruals are testimony to the same. b. The intention of investment was not to earn dividend. There has been no dividend during the period of holding

THE ACIT, (CENTRAL)-1, INDORE vs. M/S. PRAKASH ASHPHLTING & TOO HIGHWAY LTD., INDORE

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

ITA 228/IND/2017[2011-12]Status: DisposedITAT Indore24 Apr 2018AY 2011-12

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. Nos. 227 & 228/Ind/2017 "नधा"रणवष" / Assessment Years: 2010-11 & & 2011-12 Assistant Commissioner Of Vs. M/S Prakash Asphalting & Toll Highway Limited, Income-Tax (Central)-I, 76, Mall Road, Mhow, Indore. Indore.

Section 143(3)Section 14ASection 263

Section 14A read with rule 8D be deleted by appreciation of following factual and legal position; a. There are ample interest free funds available for investment in shares. A table showing year wise accruals are testimony to the same. b. The intention of investment was not to earn dividend. There has been no dividend during the period of holding

SEWA SAHKARI SAMMITTEE MARYADIT,BEED, MUNDI KHANDWA vs. PCIT-1, INDORE

In the result, appeal by the assesse is allowed

ITA 44/IND/2022[2016-17]Status: DisposedITAT Indore30 Oct 2023AY 2016-17

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisewa Sahkari Sammittee Pr. Cit-2 Maryadit Beed Indore Vs. Beed Mundi Khandwa (Appellant / Assessee) (Revenue) Pan: Aaufs0703N Assessee By Shri Gagan Tiwari, Ar Revenue By Ms. Simran Bhullar, Cit-Dr Date Of Hearing 05.10.2023 Date Of Pronouncement 30.10.2023

Section 12ASection 138Section 143(3)Section 263

14A and no disallowance or addition was made in respect of the other issues as raised in the show cause notice issued u/s 142(1) of the Act. Thus, it is clear that the AO has conducted an inquiry on these issues and was satisfied with the reply and explanation filed by the assessee along with supporting evidence. Hence

M/S ROCKBED RENOVATORS LTD.,BHOPAL vs. THE PCIT-1, BHOPAL

In the result, the appeal of the assessee is allowed

ITA 214/IND/2023[2018-19]Status: HeardITAT Indore12 Jun 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanirockbed Renovators Ltd. Pr. Cit-1 7-A, Panjabi Bagh Raisen Road Bhopal Govindpura Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaacr7151G Assessee By Shri Gagan Tiwari Ar Revenue By Ms. Ila Parmar, Cit- Dr Date Of Hearing 10.06.2024 Date Of Pronouncement 12.06.2024

Section 143(3)Section 196CSection 263

14A and no disallowance or addition was made in respect of the other issues as raised in the show cause notice issued u/s 142(1) of the Act. Thus, it is clear that the AO has conducted an inquiry on these issues and was satisfied with the reply and explanation filed by the assessee along with supporting evidence. Hence

MAA NARMADA AGROTECH AND INFRASTURES LTD,INDORE vs. THE PCIT-1 , INDORE

In the result, appeal of assessee is allowed

ITA 117/IND/2022[2017-18]Status: DisposedITAT Indore11 Jul 2023AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimaa Narmada Agrotech & Pcit Infrastructures Limited Indore -1 Ug-47, Trade Centre, Vs. Kanchan Bagh Main Road, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aafcm6285 P Assessee By Shri S.N. Goyal & Shri Pranay Goyal, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 31.05.2023 Date Of Pronouncement 11.07.2023

Section 139(1)Section 143(3)Section 263

14A and no disallowance or addition was made in respect of the other issues as raised in the show cause notice issued u/s 142(1) of the Act. Thus, it is clear that the AO has conducted an inquiry on these issues and was satisfied with the reply and explanation filed by the assessee along with supporting evidence. Hence

THE ACIT, 1(2), BHOPAL vs. M/S. BHASKAR INDUSTRIES LTD., BHOPAL

In the result, both the appeals of the assessee and Revenue are allowed for statistical purposes

ITA 194/IND/2014[2010-11]Status: DisposedITAT Indore10 Jan 2017AY 2010-11

Bench: Shri D.T. Garasia & Shri O.P. Meena

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

capital gains of Rs. 87,68,157/- to tax in the return of income. The case was selected for scrutiny by issuing notice u/s 143(2) of the Act and the assessment u/s 143 was completed on 25.02.2013 determining taxable income at Rs. 4,39,57,962/-. The Assessing Officer noticed from the balance sheet that the assessee had shown