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30 results for “capital gains”+ Section 153Cclear

Sorted by relevance

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Key Topics

Section 143(3)31Section 12A23Addition to Income23Section 153A22Section 14821Section 26316Section 153C15Section 234B14Long Term Capital Gains11Section 132

SMT. SARLA JAIN,KHANDWA vs. ITO WARD 1 KHANDWA, KHANDWA

ITA 287/IND/2019[2015-16]Status: DisposedITAT Indore24 Aug 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Smt. Sarla Jain, Ito, C/O Nakoda Marketing, Ward-1, बनाम/ Bhavani Mata Road, Khandwa Khandwa Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Abvpj1316J Assessee By Shri Pawan Ved, Advocate Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.05.2023 Date Of Pronouncement 24.08.2023

Section 10(38)Section 143(3)Section 153CSection 68

capital gain & same has been claimed as exempt u/s 10(38) of the I.T. Act. The case was selected for scrutiny under CASS and notice u/s 143(2) of the I. T. Act was issued on 25.07.2016 and the same was served upon the assessee on 29.07.2016. A copy of the same is placed on record. Thereafter notice

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 30 · Page 1 of 2

10
Capital Gains7
Disallowance7
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

gain earned on sale of equity shares at Rs.24,39,177/- was claimed as exempt under section 10(38) of the Act. Notice under section 148 of the Act was issued on 19.04.2021based on information received from SEBI, regarding purchase/sale transactions in equity shares of M/s.Goyenka Business and Finance Limited on the ground that such scrip was“Penny stock

SHRI BHAWANI SHANKAR PARASHAR,INDORE vs. THE DCIT/ACIT 1 (2), INDORE

In the result, appeal of assessee is allowed

ITA 411/IND/2022[2012-13]Status: DisposedITAT Indore21 Jun 2023AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Bhawani Shankar Pr. Cit-1 Prashar Indore 28, Lasudia Mori, Vijay Vs. Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Bgbpp 2475 G Assessee By Shri S.N. Agrawal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 02.05.2023 Date Of Pronouncement 21.06.2023

Section 263

153C of the Income Tax Act. 4.That on the facts and in the circumstances of the case and in law, the Ld Assessing officer erred in calculating the amount of long-term capital gain on transfer of Agricultural land even. when the land in question was not a capital ass et as per provision of section

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

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

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

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

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 which was exempt under section 10(38) of Income Tax Act. Further it is submitted that the Commissioner of Income Tax (Appeals)-II, Indore contended on this fact stating that Section 196 of IDS 2016 is applicable in this case as mentioned on Page no.2 of the Appellate Order, however as per the F AQs in Circular no.17

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

capital gain arising from the sale of immoveable property. 6 Shankar Sewani 5. As regards the documents seized during the course of search operation in case of Signature Group the issue raised by the assessee cannot be decided conclusively in the absence of date of alleged search and seizure operation because in any case the proceedings u/s 153C could have

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

SMT ANJANA SINHA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

ITA 429/IND/2017[2013-14]Status: DisposedITAT Indore15 Feb 2019AY 2013-14

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

Section 153ASection 17(2)(iii)Section 2(22)(e)Section 234BSection 69

153C r.w.s. 153A of the Act was completed in the case of Shri Shailendra Kumar Sinha wherein the investment and return of income were accepted. Thus it is undisputed that the purchase consideration in the alleged immoveable properties have been paid by the respective persons in whose name the property has been registered and their source of income

SHRI RAJEEV SHARMA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

ITA 430/IND/2017[2013-14]Status: DisposedITAT Indore15 Feb 2019AY 2013-14

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

Section 153ASection 17(2)(iii)Section 2(22)(e)Section 234BSection 69

153C r.w.s. 153A of the Act was completed in the case of Shri Shailendra Kumar Sinha wherein the investment and return of income were accepted. Thus it is undisputed that the purchase consideration in the alleged immoveable properties have been paid by the respective persons in whose name the property has been registered and their source of income

SHRI SANJAY KUMAR SINHA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

ITA 428/IND/2017[2013-14]Status: DisposedITAT Indore15 Feb 2019AY 2013-14

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

Section 153ASection 17(2)(iii)Section 2(22)(e)Section 234BSection 69

153C r.w.s. 153A of the Act was completed in the case of Shri Shailendra Kumar Sinha wherein the investment and return of income were accepted. Thus it is undisputed that the purchase consideration in the alleged immoveable properties have been paid by the respective persons in whose name the property has been registered and their source of income

SMT. MANJU SHARMA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

ITA 427/IND/2017[2013-14]Status: DisposedITAT Indore15 Feb 2019AY 2013-14

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

Section 153ASection 17(2)(iii)Section 2(22)(e)Section 234BSection 69

153C r.w.s. 153A of the Act was completed in the case of Shri Shailendra Kumar Sinha wherein the investment and return of income were accepted. Thus it is undisputed that the purchase consideration in the alleged immoveable properties have been paid by the respective persons in whose name the property has been registered and their source of income

LATE SMT SUSHILA BISARYA, BHOPAL vs. THE PR CIT-1, BHOPAL

In the result, we are Shri Jignesh Lilachand Shah vs

ITA 89/IND/2021[2010-11]Status: DisposedITAT Indore16 Aug 2023AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanilate Smt. Sushila Bisarya Pr. Cit-1 L.H. Pramod Bisarya Bhopal Vs. 125 Malviya Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aewpb 2587 D Assessee By Shri Gagan Tiwari, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 16.08.2023

Section 147Section 148Section 263

Capital Gain calculated by the assessee. Also no query was raised by the AO with regard to documentary evidence regarding cost of construction incurred by the assessee nor the same was furnished by the assessee during assessment." 8. It is pertinent to note that when the AO while passing the reassessment order u/s 147 r.w.s. 143(3) on 31st July

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