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15 results for “capital gains”+ Section 163clear

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Key Topics

Section 26329Section 14728Section 143(3)26Section 80I20Section 12A14Section 14813Section 54B8Reassessment7Limitation/Time-bar6Deduction

GOVERDHAN LAL YADAV,INDORE vs. INCOME TAX OFFICER-3(5), INDORE

Appeal is allowed

ITA 854/IND/2024[2015-16]Status: DisposedITAT Indore24 Jul 2025AY 2015-16

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year : 2015-16 Goverdhan Lal Yadav, Ito-3(5) 112/12, Nanda Nagar, Indore बनाम/ Opp. Anoop Takies, Vs. Indore (Revenue / Appellant) (Assessee / Respondent) Pan: Aaypy9432A Assessee By Shri Venus Rawka, Ar Revenue By Shri Anoop Singh, Cit-Dr Date Of Hearing 22.07.2025 Date Of Pronouncement 24.07.2025 आदेश/ O R D E R

Section 143(3)Section 253(5)Section 54B

Section 54F(4) of the Act. On appeal, the CIT (Appeals) observed that the assessee has not deposited the net sale consideration in Capital Gain Scheme Account during the intermittent period of construction of residential house and he confirmed the order of the Assessing Officer and dismissed the assessee's appeal. Aggrieved by the assessee filed an appeal before

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

In the result, appeal of assessee is allowed

6
Section 143(2)5
Reopening of Assessment5
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

capital gain. In the case in hand the AO has not accepted the claim of assessee but he himself has determined the fair market value by adopting reverse indexation method which is a one of the acceptable method of determination of fair market value. Hence the Assessing Officer has taken a possible view on the point of determination of fair

SMT ANUPAMA ASSWA,INDORE vs. THE PCIT-1, INDORE, INDORE

In the result, assessee’s appeal is allowed

ITA 59/IND/2022[2017-18]Status: DisposedITAT Indore24 Jan 2023AY 2017-18

Bench: Ms. Madhumita Roy, Judicial Memebr & Shri Bhagirath Mal Biyaniआयकर अपील सं. / I.T.A. No. 59/Ind/2022 ("नधा"रण वष" / Assessment Year : 2017-18) Smt. Anupama Asawa, Pcit-I, बनाम/ Indore Indore Vs.

For Appellant: Shri S.N. Agrawal & ShriFor Respondent: 20.09.2022 & 19.12.2022
Section 142Section 143(2)Section 143(3)Section 263Section 54BSection 54F

Capital Gains’. We further find that the Ld. AO raised specific queries during the course of assessment proceedings itself requiring the assessee to justify the deduction claimed u/s 54B and 54F of the Act. The queries raised by the Ld. AO were duly replied to by the assessee and ample corroborative documentary evidences were also filed to substantiate the veracity

SANTOSH RATHORE,INDORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, INDORE - 1, INDORE

Appeal is allowed

ITA 451/IND/2024[2015-16]Status: DisposedITAT Indore14 Oct 2025AY 2015-16
Section 139Section 143(2)Section 147Section 148Section 151Section 263

capital gains from each script is to be filled in Such ITR-2 was available\nbefore the AO when he recorded the reasons before issue of notice u/s 148 of\nthe Act. It appears that Assessing Officer has recorded the reasons in\nmechanical manner without any independent application of mind and\nwithout making any enquiry nor making any other

AMIT ASHOK AGRAWAL,INDORE vs. ITO-2(2), INDORE

In the result, the quantum appeal of assessee is partly allowed for statistical purposes and penalty appeal of assesse is allowed

ITA 210/IND/2023[2008-09]Status: DisposedITAT Indore31 Oct 2023AY 2008-09

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

Section 144Section 271A

163,098.67 ₹ TOTAL 4,958,545.87 It would be clear from perusal of the above tables that the Assessee has majorly withdrawn funds for the following: a. For repayment of old overdraft loans of Rs.40,62,419/-; b. For transferring to own Companies of Rs.44,42,000/-; c. For payment of interest on loan/overdraft and bank charges of Rs.8

AMIT ASHOK AGRAWAL,INDORE vs. ITO-2(2), INDORE

In the result, the quantum appeal of assessee is partly allowed for statistical purposes and penalty appeal of assesse is allowed

ITA 209/IND/2023[2008-09]Status: DisposedITAT Indore31 Oct 2023AY 2008-09

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

Section 144Section 271A

163,098.67 ₹ TOTAL 4,958,545.87 It would be clear from perusal of the above tables that the Assessee has majorly withdrawn funds for the following: a. For repayment of old overdraft loans of Rs.40,62,419/-; b. For transferring to own Companies of Rs.44,42,000/-; c. For payment of interest on loan/overdraft and bank charges of Rs.8

ASSISTANT COMMISSIONER OF INCOME TAX, INDORE vs. COMMANDER INDUSTRIES PRIVATE LIMITED, INDORE

In the result, the appeal of the revenue and CO of assessee are dismissed

ITA 24/IND/2024[2020-21]Status: DisposedITAT Indore25 Oct 2024AY 2020-21
Section 139(1)Section 142(1)Section 143(2)Section 32(1)Section 43(1)Section 43(6)(c)Section 47

163 taxmann.com 40\n4.1 Ld. AR has heavily relied the impugned order of the CIT(A) and submitted that the CIT(A) has allowed the claim of depreciation on goodwill by following the various judgments by the Hon'ble Supreme Court as well as this Tribunal.\n5. We have considered the rival submissions as well as relevant material on record

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

ITA 148/IND/2021[2015-16]Status: DisposedITAT Indore09 Nov 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

Section 263

gains of the business. For these reasons, we are of the view that no substantial question of law arises. We, therefore, decline to admit question Nos. 2 and 3." 41. From perusal of all the judgments it has been consistently held rather a settled law that the action of revenue authorities cannot be held justified if they substitute another method

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

ITA 373/IND/2023[2020-21]Status: DisposedITAT Indore17 Oct 2024AY 2020-21

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

Section 143(3)Section 147Section 148Section 80I

163 as under: Page 13 of 57 Prataap Snacks Limited ITA Nos.370 to 374 & C.O No.6 & 7 Page 14 of 57 Prataap Snacks Limited ITA Nos.370 to 374 & C.O No.6 & 7 10.1 There is no dispute that earlier the assessments for the Assessment Years 2012-13 and 2013-14 were completed u/s 143(3) of the Act vide order dated

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

ITA 374/IND/2023[2018-19]Status: DisposedITAT Indore17 Oct 2024AY 2018-19

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

Section 143(3)Section 147Section 148Section 80I

163 as under: Page 13 of 57 Prataap Snacks Limited ITA Nos.370 to 374 & C.O No.6 & 7 Page 14 of 57 Prataap Snacks Limited ITA Nos.370 to 374 & C.O No.6 & 7 10.1 There is no dispute that earlier the assessments for the Assessment Years 2012-13 and 2013-14 were completed u/s 143(3) of the Act vide order dated

ASSISTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

ITA 370/IND/2023[2012-13]Status: DisposedITAT Indore17 Oct 2024AY 2012-13

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

Section 143(3)Section 147Section 148Section 80I

163 as under: Page 13 of 57 Prataap Snacks Limited ITA Nos.370 to 374 & C.O No.6 & 7 Page 14 of 57 Prataap Snacks Limited ITA Nos.370 to 374 & C.O No.6 & 7 10.1 There is no dispute that earlier the assessments for the Assessment Years 2012-13 and 2013-14 were completed u/s 143(3) of the Act vide order dated

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

ITA 372/IND/2023[2017-18]Status: DisposedITAT Indore17 Oct 2024AY 2017-18

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

Section 143(3)Section 147Section 148Section 80I

163 as under: Page 13 of 57 Prataap Snacks Limited ITA Nos.370 to 374 & C.O No.6 & 7 Page 14 of 57 Prataap Snacks Limited ITA Nos.370 to 374 & C.O No.6 & 7 10.1 There is no dispute that earlier the assessments for the Assessment Years 2012-13 and 2013-14 were completed u/s 143(3) of the Act vide order dated

ASSISTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

ITA 371/IND/2023[2013-14]Status: DisposedITAT Indore17 Oct 2024AY 2013-14

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

Section 143(3)Section 147Section 148Section 80I

163 as under: Page 13 of 57 Prataap Snacks Limited ITA Nos.370 to 374 & C.O No.6 & 7 Page 14 of 57 Prataap Snacks Limited ITA Nos.370 to 374 & C.O No.6 & 7 10.1 There is no dispute that earlier the assessments for the Assessment Years 2012-13 and 2013-14 were completed u/s 143(3) of the Act vide order dated

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

ITA 548/IND/2019[2010-11]Status: DisposedITAT Indore13 Oct 2021AY 2010-11

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

Section 12ASection 132Section 143(2)Section 148Section 37

163 Taxman 19 (All.), wherein it is observed that:- "CIT is entitled to see only the genuineness of objects and activities : It has been held that while refusing application under section 12A the Commissioner has to examine only two aspects, i.e., genuineness of the activities of the trust / institution and object of the trust / institution. Once there is no dispute

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

ITA 90/IND/2019[-]Status: DisposedITAT Indore13 Oct 2021

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

Section 12ASection 132Section 143(2)Section 148Section 37

163 Taxman 19 (All.), wherein it is observed that:- "CIT is entitled to see only the genuineness of objects and activities : It has been held that while refusing application under section 12A the Commissioner has to examine only two aspects, i.e., genuineness of the activities of the trust / institution and object of the trust / institution. Once there is no dispute