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15 results for “capital gains”+ Section 221clear

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Key Topics

Section 143(3)20Section 26319Section 1489Addition to Income9Section 50C8Section 153A7Section 271(1)(c)7Section 143(2)6Exemption6

ACIT CENTRAL-2 INDORE, INDORE vs. SHRI .GAURAV TEKRIWAL, INDORE

In the result, this appeal of Revenue is dismissed

ITA 62/IND/2021[2015-16]Status: DisposedITAT Indore21 Nov 2022AY 2015-16

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2015-16 Acit, Central -2 Shri Gaurav Tekriwal Indore बनाम/ 204, Princess Valley, South Tukoganj, Indore Vs. (Appellant / Revenue) (Respondent / Revenue) Pan: Acppt 1628 Q Assessee By Shri Anil Kamal Garg, Arpit Gaur, Ars Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 21.09.2022 Date Of Pronouncement 21.11.2022

Section 143(2)Section 143(3)Section 2Section 54FSection 55(2)(a)Section 57

section 45(1), 48, 55(2) and 2(29B) of the Income-tax Act, 1961. Therefore, the Ld. AO was wrong in rejecting the claim of long-term capital gain and assessing the same as income from other sources. We do not find any infirmity in the order of Ld. CIT(A) who has, after mindful consideration, reversed the action

Section 54B5
Reopening of Assessment3
Search & Seizure3

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

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

GUNVEER SINGH CHHABRA ,INDORE vs. THE PR CIT -1, INDORE

In the result, assessee’s appeal is allowed

ITA 117/IND/2021[2015-16]Status: DisposedITAT Indore09 Sept 2022AY 2015-16

Bench: Ms. Madhumita Roy, Judicial Memebr & Shri Bhagirath Mal Biyani

For Appellant: Shri Shubhash Jain, A.R
Section 143(3)Section 2(14)Section 263

capital gain if, at all, is not eligible to tax. ITA No. 117/Ind/2021 (Gunveer Singh Chhabra vs. PCIT) A.Y. 2015-16 8 11. On the other hand, apart from relying upon the certificate issued by the SDM , the Revenue has come up with the further case that the aerial distance of the land in question from the Municipal limit

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’ in detail and accordingly, the assessment order was held to be erroneous and prejudicial to the interest of Revenue by the Ld. PCIT. 5. Now the assessee is in appeal before the Tribunal challenging the jurisdiction of Ld. PCIT assumed u/s 263 of the Act. 6. Before us, the Ld. Counsel for the assessee submitted that

THE ITO, -3(2), INDORE vs. SHRI VIKRAMADITYA RANA, INDORE

ITA 119/IND/2017[2008-09]Status: DisposedITAT Indore25 May 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year : 2008-09 Acit- 3(2) Shri Vikramaditya Rana, Indore 5-E, Lakshya Regency, 15/2, Old बनाम/ Palasia, Indore Vs. (Revenue ) (Respondent) P.A. No. Abvpj8461L Appellant By Shri V.J. Voricha, Sr. Dr Revenue By Shri Tribhuvan Sachdeva Adv. Date Of Hearing: 10.05.2018 Date Of Pronouncement: 25.05.2018 आदेश / O R D E R

Section 143(3)Section 271(1)(c)Section 50C

Gain & cost of improvement & expenses on stamp duty were not sustained and remained unexplained.” 2. Briefly stated facts as culled out on the records are that the assessment u/s 143(3) of the Act completed in the case of assessee on 31.12.2010. Ld. AO assessed income of Rs.5,38,65,523/- after making various additions under the long term capital

HARISH KUMAR CHANDNANI,BHOPAL vs. INCOME TAX OFFICER -3(1), BHOPAL, BHOPAL

Appeal is allowed

ITA 107/IND/2025[2012-2013]Status: DisposedITAT Indore11 Nov 2025AY 2012-2013
Section 144Section 147Section 148

capital gain'. The above transaction is 'adventure in the nature of trade' and profit\narising out of above transaction is chargeable as 'business profit' of the assessee-society.\n10.4 As discussed in preceding paras, since the impugned sale transaction is 'adventure\nin the nature of trade', the contention of the assessee-society that the impugned lands are\n'rural agricultural

THE ACIT, CENTRAL-2, INDORE vs. SHRI VINOD GARG, INDORE

In the result, the appeal of the Revenue is dismissed

ITA 126/IND/2017[2012-13]Status: DisposedITAT Indore04 Jan 2022AY 2012-13

Bench: Shri Mahavir Prasad, Hon'Ble & Shri Manish Borad

Section 132Section 143(2)Section 153A

221 s/o Shantilal 2010- 28.02.2011 Smt Rajkumari Vinodkumar Jain 36 1800 515500 286 11 261 17.01.2011 Smt Vishni W/o Ghanshyam 82 900 234500 Project: - Keshav Riddhi Address:- Survey No. 504, Bhuniyakhed Mandsaur Coloniser:- Vinod Kumar Garg & other members Year wise Detail of sale of plot at Keshav Siddhi Rate Date of Plot Area (In Per Registration Name of Buyer

M/S. MANISH FILMS PVT. LTD.,INDORE vs. THE ITO 3(1), INDORE

In the result, the appeal filed by the assessee is

ITA 152/IND/2015[2010-11]Status: DisposedITAT Indore10 Jan 2019AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2010-11

Section 2Section 50BSection 50C

capital gain of Rs.80,58,000/- on the ground that provisions of section 50C of the I.T. Act, 1961 [ITA 152/Ind/2015] [M/s. Manish Films Pvt. Ltd., Indore] were not applicable to transfer of land and building being a lease hold property”. The said question was dismissed on the ground that the revenue had not preferred any appeal against the order

DEVENDRA CHOKSEY,BHOPAL vs. THE PR CIT-1, BHOPAL

In the result, appeal of assessee is allowed

ITA 137/IND/2021[2016-17]Status: DisposedITAT Indore09 May 2023AY 2016-17

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyaniassessment Year: 2016-17 Devendra Chouksey, Pr. Cit-1, Aayakar Bhawan, 20/8, Shalimar Enclave, 48, Arera Hills, Hoshangabad Near Under Bridge, E-3, Vs. Road, Bhopal 462011 Arera Colony, Bhopal 462016 Pan Abapc5311R (Appellant) (Respondent)

For Appellant: Shri Anil Garg, CAFor Respondent: Shri P.K. Mishra, CIT(DR)
Section 263

221(5) TIM 485 ITAT Chandigarh and ITAT Delhi Bench in the case of Balvinder Kumar vs PCIT reported as (2021) 125 taxmann.com 83 held that in a case of limited scrutiny the Assessing Officer could not go beyond the reason for which the matter was selected for limited scrutiny. Thus it would not be opened to PCIT to pass

M/S. YATHARTH INFRASTRUCTURES (P) LTD.,UJJAIN vs. PR. CIT, UJJAIN

In the result, assessee’s appeal is allowed

ITA 532/IND/2019[2014-15]Status: DisposedITAT Indore10 Nov 2022AY 2014-15

Bench: Ms. Madhumita Roy, Judicial Memebr & Shri Bhagirath Mal Biyani

For Appellant: Shri Parth Jhavar, ARs
Section 142(1)Section 143(2)Section 143(3)Section 263

221 ITR 155 :— "In the first instance it was contended by learned counsel for the assessee that the very premise on which order under section 263 was made against the assessee, namely, that the Income-tax Officer has not at all examined the goodwill account is not existent. According to him, it is apparent from the record that the goodwill

MOJILAL RAJPUT,SHUJALPUR MANDI vs. ITO, SHAJAPUR

In the result, assessee’s appeal is allowed

ITA 21/IND/2022[2009-10]Status: DisposedITAT Indore06 Dec 2022AY 2009-10

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri Rajesh Mehta & Shri ApurvaFor Respondent: Shri P.K. Mitra, CIT-DR
Section 142(1)Section 143Section 143(3)Section 148Section 263Section 44ASection 80C

221 ITR 155 :— "In the first instance it was contended by learned counsel for the assessee that the very premise on which order under section 263 was made against the assessee, namely, that the Income-tax Officer has not at all examined the goodwill account is not existent. According to him, it is apparent from the record that the goodwill

MOJILAL RAJPUT,SUJALPUR MANDI vs. THE ITO, SHAJAPUR

In the result, assessee’s appeal is allowed

ITA 20/IND/2022[2009-10]Status: DisposedITAT Indore06 Dec 2022AY 2009-10

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri Rajesh Mehta & Shri ApurvaFor Respondent: Shri P.K. Mitra, CIT-DR
Section 142(1)Section 143Section 143(3)Section 148Section 263Section 44ASection 80C

221 ITR 155 :— "In the first instance it was contended by learned counsel for the assessee that the very premise on which order under section 263 was made against the assessee, namely, that the Income-tax Officer has not at all examined the goodwill account is not existent. According to him, it is apparent from the record that the goodwill

SHRI PRASHANT AGRAWAL,BHOPAL vs. PR. CIT -I , BHOPAL

In the result, assessee’s appeal is allowed

ITA 561/IND/2019[2014-15]Status: DisposedITAT Indore24 Nov 2022AY 2014-15

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri Ashish Goyal & Shri N. DFor Respondent: Shri P. K. Mitra, CIT.D.R
Section 142(1)Section 143(2)Section 143(3)Section 263

221 ITR 155 :— "In the first instance it was contended by learned counsel for the assessee that the very premise on which order under section 263 was made against the assessee, namely, that the Income-tax Officer has not at all examined the goodwill account is not existent. According to him, it is apparent from the record that the goodwill

COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

ITA 1654/CHNY/2011[2007-08]Status: DisposedITAT Indore06 Oct 2023AY 2007-08

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2007-08 Computer Sciences Acit, Corporation India Private Company Circle 1(3), Limited, Chennai [Formerly Covansys (India) Private Limited], बनाम/ Unit 13, Block 2, Sdf Buildings, Vs. Madras Export Processing Zone, Tambaram, Chennai (Assessee / Appellant) (Revenue / Respondent) Pan: Aaacc1351M Assessee By Shri Neeraj Jain, Adv. Shri Abhishek Agrawal, Ca Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 12.07.2023 Date Of Pronouncement

Section 10ASection 143(2)Section 143(3)Section 144C(5)Section 14ASection 92C

section 32(1) by making a sufficient note in assessment-order. Consequently, we uphold AO’s action. The assessee fails in this ground. Ground No. 23: 32. This ground relates to the cost of Rs. 73,10,920/- incurred by assessee towards licensed software treated by AO as capital expenditure. 33. The assessee has incurred cost towards purchase of licensed