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37 results for “capital gains”+ Section 269clear

Sorted by relevance

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Key Topics

Addition to Income27Section 80I24Section 143(3)20Section 32A16Disallowance14Section 14712Section 14811Deduction11Reopening of Assessment10

THE DCIT-3(1), INDORE vs. KUMARI SHEETAL GARG, INDORE

In the result Ground No. 1& 2 of the

ITA 254/IND/2017[2008-09]Status: DisposedITAT Indore10 Jan 2019AY 2008-09

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Dcit-3(1), Kumari Sheetal Garg, Indore Vs. 8/2, New Palasia, Indore (Appellant) (Respondent ) Pan No.Afhpg9179G Revenue By Shri K.C. Selvamani, Sr.Dr Assessee By Shri S.S. Solanki, Ca Date Of Hearing 07.01.2019 Date Of Pronouncement 10.01.2019 O R D E R

Section 143(3)Section 147Section 2Section 53ASection 54F

capital Gain arose in the year in which the deed was registered. It is however to be noted that the decision was with reference to the chargeability under section 45 wit 'reference to transfer as defined e amendment under the Taxation Laws Amendment Act 1984 with effect from 1.4.1985 and the Finance Bill 1987 with effect from 1988. Sheetal Garg

Showing 1–20 of 37 · Page 1 of 2

Section 10(38)8
Section 32(1)(iia)8
Depreciation8

SH. PARMANAND SISODIYA,INDORE vs. ITO-1(2), INDORE, INDORE

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

ITA 202/IND/2023[2015-16]Status: DisposedITAT Indore30 Oct 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Parmanand Sisodiya, Ito, Flat No.404-405, Ax-18-C, 1(2), Satyamitra Paradise, Indore. Scheme No.71, Gumasta Vs. Nagar, Indore. (Appellant / Assessee) (Respondent/ Revenue) Pan: Alops1416K Assessee By Shri S.S.Solanki, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 25.10.2023 Date Of Pronouncement 30.10.2023

Section 54Section 54B

gain is provided if the assessee has purchased another agricultural land within the period of two years. Therefore, the term “transfer” used in the first part of Section 54-B is in the context of a transaction of transfer of Capital asset in any of the modes as per the definition provided u/s 2(47) of the Income

SHRI ANIRUDHA NYATI,INDORE vs. THE ITO-5(1), INDORE

In the result appeals of the assessee(s) namely Kumari Ayushi Nyati (ITA

ITA 484/IND/2019[2015-16]Status: DisposedITAT Indore22 Sept 2021AY 2015-16

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Shri Tribhuvan Sachdeva, AdvFor Respondent: Shri Harshit Bari, Sr. DR
Section 10(38)Section 143(3)

Section 10(38) of the Act in respect of long-term capital gain arising from sale of equity shares of M/s. Sun Rise Asian Ltd. (listed on Bombay Stock Exchange) treating it income from undisclosed sources. ITA Nos.483&484/Ind/2019 Aniruddha Nyati vs. ITO Asst.Years –2014-15 & 2015-16 - 2 – 3. ITA No. 483/Ind/2019 A.Y. 2014-15 is taken

SHRI ANIRUDHA NYATI,INDORE vs. THE ITO-5(1), INDORE

In the result appeals of the assessee(s) namely Kumari Ayushi Nyati (ITA

ITA 483/IND/2019[2014-15]Status: DisposedITAT Indore22 Sept 2021AY 2014-15

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Shri Tribhuvan Sachdeva, AdvFor Respondent: Shri Harshit Bari, Sr. DR
Section 10(38)Section 143(3)

Section 10(38) of the Act in respect of long-term capital gain arising from sale of equity shares of M/s. Sun Rise Asian Ltd. (listed on Bombay Stock Exchange) treating it income from undisclosed sources. ITA Nos.483&484/Ind/2019 Aniruddha Nyati vs. ITO Asst.Years –2014-15 & 2015-16 - 2 – 3. ITA No. 483/Ind/2019 A.Y. 2014-15 is taken

SUNITA GUPTA,INDORE vs. ACIT CIRCLE 2(1), INDORE

In the result, the appeal filed by the Assessee is allowed for statistical purpose

ITA 357/IND/2022[2010-11]Status: DisposedITAT Indore19 Apr 2023AY 2010-11

Bench: The Tribunal. The Assessee Has Filed A Notarized Affidavit Stating That Her Husband Shri Mahendra Gupta Was Looking After The Income Tax Proceedings. However, He Was Imprisonment Between February, 2019 To 22Nd October, 2021. Hence, He Could Not Appear Before Ld. Cit(A)-Nfac & Cooperate For The Hearing Of The Appeal.

Section 115BSection 144Section 147Section 68

section 144 r.w.s. 147 of the Income Tax Act, 1961 (hereinafter 2 I.TA No. 357/IND/2022 A.Y. 2010-11 Page No Sunita Gupta vs. ACIT referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2010- 11. 2. The registry has noted that there is delay of 269 days in filing the appeal before the Tribunal. The assessee has filed

SHRI MANMOHAN GAMBHIR,INDORE vs. ACIT-5(1), INDORE

In the result, the appeal of the assessee is partly

ITA 293/IND/2018[12-136]Status: DisposedITAT Indore30 May 2019

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13

Section 143(3)Section 50CSection 54Section 54E

269/-. The assessee aggrieved by this preferred an appeal before the Ld. CIT(A), who after considering the submissions dismissed the appeal. 3. Ground Nos.1 & 1.1 are against disallowing the deduction claimed in respect of the investment made in the REC bond. Ld. Counsel for the assessee reiterated the submissions as made in the written submissions. Ld. Counsel

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)

269 (Bom.), relying on Supreme Court in ITO vs. Murlidhar Bhagwan Das 52 ITR 335, wherein it was held that the jurisdiction of the AAC under section 31 of the 1922 Act was strictly confined to the assessment order of that particular year under appeal. The AAC no doubt was competent to hold whether a particular item or a particular

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)

capital adjustment as against 11.91% (which was revised to 14.85%, after depreciation adjustment) margin of the assessee. Since OP/TC margin of the assessee was greater than mean margin of the comparable companies, it was concluded that international transactions of the assessee were at arm’s length. The ITA Nos.179/Ind/2016, 292/Ind/2017, 319/Ind/2018 & SA No.46/Ind/2021 A.Ys

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)

capital adjustment as against 11.91% (which was revised to 14.85%, after depreciation adjustment) margin of the assessee. Since OP/TC margin of the assessee was greater than mean margin of the comparable companies, it was concluded that international transactions of the assessee were at arm’s length. The ITA Nos.179/Ind/2016, 292/Ind/2017, 319/Ind/2018 & SA No.46/Ind/2021 A.Ys

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)

capital adjustment as against 11.91% (which was revised to 14.85%, after depreciation adjustment) margin of the assessee. Since OP/TC margin of the assessee was greater than mean margin of the comparable companies, it was concluded that international transactions of the assessee were at arm’s length. The ITA Nos.179/Ind/2016, 292/Ind/2017, 319/Ind/2018 & SA No.46/Ind/2021 A.Ys

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

ITA 819/IND/2019[2015-16]Status: DisposedITAT Indore27 Jan 2022AY 2015-16

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

Section 143(3)Section 147Section 148Section 32(1)(iia)Section 32ASection 80I

gains from industrial undertakings or enterprises engaged in infrastructural development etc. Assessee is merely executing a works contract awarded by State and Central Government. h) The deduction u/s 80IA is no longer meant for contractors – be it the work for up-gradation or new construction work. The amendment to section 80IA(4) which reads as under, makes the position very

SHRI DILIP BUILDCON LTD,BHOPAL vs. DCIT CENTRAL -1, BHOPAL

In the result, revenue’s appeal for A

ITA 197/IND/2020[2017-18]Status: DisposedITAT Indore27 Jan 2022AY 2017-18

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

Section 143(3)Section 147Section 148Section 32(1)(iia)Section 32ASection 80I

gains from industrial undertakings or enterprises engaged in infrastructural development etc. Assessee is merely executing a works contract awarded by State and Central Government. h) The deduction u/s 80IA is no longer meant for contractors – be it the work for up-gradation or new construction work. The amendment to section 80IA(4) which reads as under, makes the position very

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

ITA 820/IND/2019[2016-17]Status: DisposedITAT Indore27 Jan 2022AY 2016-17

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

Section 143(3)Section 147Section 148Section 32(1)(iia)Section 32ASection 80I

gains from industrial undertakings or enterprises engaged in infrastructural development etc. Assessee is merely executing a works contract awarded by State and Central Government. h) The deduction u/s 80IA is no longer meant for contractors – be it the work for up-gradation or new construction work. The amendment to section 80IA(4) which reads as under, makes the position very

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LIMITED, BHOPAL

In the result, revenue’s appeal for A

ITA 816/IND/2018[14-15]Status: DisposedITAT Indore27 Jan 2022

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

Section 143(3)Section 147Section 148Section 32(1)(iia)Section 32ASection 80I

gains from industrial undertakings or enterprises engaged in infrastructural development etc. Assessee is merely executing a works contract awarded by State and Central Government. h) The deduction u/s 80IA is no longer meant for contractors – be it the work for up-gradation or new construction work. The amendment to section 80IA(4) which reads as under, makes the position very

DILIP BUILDCON LIMITED,BHOPAL vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

ITA 782/IND/2018[2014-15]Status: DisposedITAT Indore27 Jan 2022AY 2014-15

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

Section 143(3)Section 147Section 148Section 32(1)(iia)Section 32ASection 80I

gains from industrial undertakings or enterprises engaged in infrastructural development etc. Assessee is merely executing a works contract awarded by State and Central Government. h) The deduction u/s 80IA is no longer meant for contractors – be it the work for up-gradation or new construction work. The amendment to section 80IA(4) which reads as under, makes the position very

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

ITA 881/IND/2019[2015-16]Status: DisposedITAT Indore27 Jan 2022AY 2015-16

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

Section 143(3)Section 147Section 148Section 32(1)(iia)Section 32ASection 80I

gains from industrial undertakings or enterprises engaged in infrastructural development etc. Assessee is merely executing a works contract awarded by State and Central Government. h) The deduction u/s 80IA is no longer meant for contractors – be it the work for up-gradation or new construction work. The amendment to section 80IA(4) which reads as under, makes the position very

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

ITA 882/IND/2019[2016-17]Status: DisposedITAT Indore27 Jan 2022AY 2016-17

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

Section 143(3)Section 147Section 148Section 32(1)(iia)Section 32ASection 80I

gains from industrial undertakings or enterprises engaged in infrastructural development etc. Assessee is merely executing a works contract awarded by State and Central Government. h) The deduction u/s 80IA is no longer meant for contractors – be it the work for up-gradation or new construction work. The amendment to section 80IA(4) which reads as under, makes the position very

THED CIT ,CENTRAL-1, BHOPAL vs. M/S DILIP BUILDCON LTD, BHOPAL

In the result, revenue’s appeal for A

ITA 290/IND/2020[2017-18]Status: DisposedITAT Indore27 Jan 2022AY 2017-18

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

Section 143(3)Section 147Section 148Section 32(1)(iia)Section 32ASection 80I

gains from industrial undertakings or enterprises engaged in infrastructural development etc. Assessee is merely executing a works contract awarded by State and Central Government. h) The deduction u/s 80IA is no longer meant for contractors – be it the work for up-gradation or new construction work. The amendment to section 80IA(4) which reads as under, makes the position very

JYOTI GOYAL,BHOPAL vs. DCIT-1(1), BHOPAL

Appeal is partly allowed as mentioned above

ITA 380/IND/2023[2012-13]Status: DisposedITAT Indore20 May 2024AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2012-13 Jyoti Goyal, Dcit, 18, Shyamla Hills, 1(1), बनाम/ Bhopal Bhopal Vs. (Assessee/Appellant) (Revenue/Respondent) Pan: Abbpg3493P Assessee By Shri S.S. Deshpande, Ca & Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 25.04.2024 Date Of Pronouncement 20.05.2024

Section 143(2)Section 147Section 148Section 2(14)Section 56(2)(vii)Section 69

capital asset’ u/s 2(14). Therefore, it was not a ‘property’ as defined in Explanation Page 3 of 24 Jyoti Goyal, Bhopal ITA No. 380/Ind/2023 – AY 2012-13 4(d) to section 56(2)(vii)(b) and hence section 56(2)(vii)(b) is not applicable. However, the AO rejected assessee’s twin-submissions and made addition by holding that

M/S MADHYA PRADESH AUDYOGIK KENDRA VIKAS NIGAM (INDORE) LTD.,INDORE vs. THE ACIT3(1), INDORE

In the result, the appeals filed by the assessee company –

ITA 348/IND/2013[2004-05]Status: DisposedITAT Indore21 Mar 2018AY 2004-05

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

capital or revenue are on behalf of the State Government and therefore the amount as received by the assessee company for and on behalf of the State Government not liable to taxed as income of the assessee but belonging to the State Government. For this preposition we rely on the following direct decisions:- 1 City and Industrial Development Appeal