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77 results for “capital gains”+ Section 271clear

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Key Topics

Section 143(3)50Addition to Income47Section 271(1)(c)41Section 14737Section 6837Section 14831Penalty31Section 54B28Disallowance28Long Term Capital Gains

IMRAN KHAN,BHOPAL vs. THE ITO2 (2), BHYOPAL

In the result the issue No

ITA 168/IND/2023[2013-14]Status: DisposedITAT Indore11 Jan 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri Manish Boradimran Khan Ito 2(2) S/O Sh. Gulab Khan H. No.35 Bhopal Village-Inayatpura Kolar Board, Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Ckqpk5708M Assessee By Shri Niranjan Purandar Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 02.01.2023 Date Of Pronouncement 11.01.2024

Section 54B

271 (Mad), though this case was decided in relation to Section 54 of the Act, the said Section is pari materia of Section 54F(l) of the Act. Likewise, the Punjab & Haryana High Court in the case of Cl'I' Vs, Gurnam Singh, (2010) 327 ITR 278 took the same view while discussing the provisions of Section

SMT. PUSHPA AGRAWAL,INDORE vs. ITO WARD 5(2), INDORE, AAYKAR BHAWAN, OPPOSITE WHITE CHURCH, RESIDENCY AREA, INDORE

Appeal is allowed

ITA 499/IND/2024[2012-13]Status: DisposedITAT Indore

Showing 1–20 of 77 · Page 1 of 4

17
Section 69B16
Section 26315
30 Oct 2025
AY 2012-13
Section 139Section 143(2)Section 143(3)Section 147Section 148Section 2(14)(iii)Section 54B

capital gain was not taxable.", "result": "Allowed", "sections": ["147", "148", "143(3)", "54B", "2(14)(iii)(b)", "133(6)", "271

MANISH GOVIND AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

ITA 61/IND/2019[2014-15]Status: DisposedITAT Indore28 Jun 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved in the stock market operations / transactions

GOVIND HARINARAYAN AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

ITA 60/IND/2019[2014-15]Status: DisposedITAT Indore28 Jun 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved in the stock market operations / transactions

DARSHAN KUMAR PAHWA,INDORE vs. DCIT CIRCLE5(1), INDORE

ITA 987/IND/2019[2011-12]Status: DisposedITAT Indore28 Jun 2021AY 2011-12

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved in the stock market operations / transactions

SHIV NARAYAN SHARMA,INDORE vs. ACIT CIRCLE 3(1), INDORE

ITA 889/IND/2018[2014-15]Status: DisposedITAT Indore28 Jun 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved in the stock market operations / transactions

PRAYANK JAIN,INDORE vs. ACIT5(1), INDORE

ITA 206/IND/2019[2014-15]Status: DisposedITAT Indore28 Jun 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved in the stock market operations / transactions

SAPAN SHAH,INDORE vs. ACIT-4(I), INDORE

ITA 474/IND/2019[2015-16]Status: DisposedITAT Indore28 Jun 2021AY 2015-16

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved in the stock market operations / transactions

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

ITA 215/IND/2019[2014-15]Status: DisposedITAT Indore21 Jun 2023AY 2014-15

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

Section 10(38)Section 68

271 wherein it has been held that suspicion which cannot take the place of proof in these matters. 7. On the other hand, Ld. DR has submitted that the shares of M/s Surabhi Chemicals & Investments Ltd. were purchased by the assessee in physical form. In various investigation carried out by the department it was found that the shares

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

ITA 216/IND/2019[2015-16]Status: DisposedITAT Indore21 Jun 2023AY 2015-16

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

Section 10(38)Section 68

271 wherein it has been held that suspicion which cannot take the place of proof in these matters. 7. On the other hand, Ld. DR has submitted that the shares of M/s Surabhi Chemicals & Investments Ltd. were purchased by the assessee in physical form. In various investigation carried out by the department it was found that the shares

ANKUR AGRAWAL,INDORE vs. ITO-5(1), INDORE

In the result, all three appeals of two assessee are allowed

ITA 217/IND/2019[2015-16]Status: DisposedITAT Indore21 Jun 2023AY 2015-16

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

Section 10(38)Section 68

271 wherein it has been held that suspicion which cannot take the place of proof in these matters. 7. On the other hand, Ld. DR has submitted that the shares of M/s Surabhi Chemicals & Investments Ltd. were purchased by the assessee in physical form. In various investigation carried out by the department it was found that the shares

HARPREET KAUR,BHOPAL vs. INCOME-TAX OFFICER, 5(2), BHOPAL, BHOPAL

Appeal is allowed in terms mentioned above

ITA 730/IND/2024[2009-10]Status: DisposedITAT Indore22 Aug 2025AY 2009-10
Section 131Section 133(6)Section 142(1)Section 143(2)Section 147Section 148Section 54Section 69A

capital gain made\nby AO in Para 3 of assessment-order (re-produced above) wherein the AO\nhas mentioned \"Less: Exemption if available u/s 54 Rs.10,50,000\".\nThus, he submitted that the AO has not examined/adjudicated the claim of\nsection 54. Ld. AR next referred Para 5.1.3 of CIT(A)'s order (re-produced\nearlier) to show that

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

Section 148 was issued and the proceeding was carried by the Ld. AO. Upon verification of computation of income it was found that the assessee had shown exempt long term capital gain on purchase/sale of shares at Rs. 74,88,105/-. The assessee in total purchased 2,00,000 quantity of scrip of M/s. Splash Media Works Ltd. from

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

Section 148 was issued and the proceeding was carried by the Ld. AO. Upon verification of computation of income it was found that the assessee had shown exempt long term capital gain on purchase/sale of shares at Rs. 74,88,105/-. The assessee in total purchased 2,00,000 quantity of scrip of M/s. Splash Media Works Ltd. from

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

Section 148 was issued and the proceeding was carried by the Ld. AO. Upon verification of computation of income it was found that the assessee had shown exempt long term capital gain on purchase/sale of shares at Rs. 74,88,105/-. The assessee in total purchased 2,00,000 quantity of scrip of M/s. Splash Media Works Ltd. from

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

Section 148 was issued and the proceeding was carried by the Ld. AO. Upon verification of computation of income it was found that the assessee had shown exempt long term capital gain on purchase/sale of shares at Rs. 74,88,105/-. The assessee in total purchased 2,00,000 quantity of scrip of M/s. Splash Media Works Ltd. from

INCOME TAX OFFICER 2(1), BHOPAL, BHOPAL vs. DEVI SINGH, BHOPAL

Appeal is dismissed being devoid of any merit

ITA 20/IND/2024[2010-11]Status: DisposedITAT Indore13 Jan 2026AY 2010-11
Section 142(1)Section 144Section 147Section 148Section 2(14)

gain. The assessee argued that the land was rural agricultural land and not a capital asset as it was outside the municipal limits at the time of sale.", "held": "The CIT(A) accepted the assessee's argument that the land was rural agricultural land and not a capital asset. The Tribunal upheld the CIT(A)'s order, finding that

SEEMA JAIN,INDORE vs. ITO 1(1), INDORE

Appeal is allowed

ITA 591/IND/2024[2013-14]Status: DisposedITAT Indore17 Jul 2025AY 2013-14

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year: 2013-14 Seema Jain, Ito 1(1) 73-Ba, Scheme No.94, Indore Regency Adrise, Near बनाम/ Bombay Hospital, Vs. Vijay Nagar, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Adtpj4652K Assessee By Shri Anil Khandelwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.07.2025 Date Of Pronouncement 17.07.2025

Section 139Section 143(2)Section 143(3)Section 147Section 271(1)Section 271(1)(C)Section 271(1)(c)Section 50Section 50C

capital gain on the basis of intimation already on record of the A.O. which does not amount to breach of of section 50C for attracting penalty u/s 271

THE ITO 2 (2), BHOPAL vs. SHRI MUNSHIRAM BALKISHAN VERMA, BHOPAL

ITA 8/IND/2020[2008-09]Status: DisposedITAT Indore31 Mar 2023AY 2008-09

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

Section 147Section 148Section 27(1)(c)Section 54B

section 45(1) of the act creates a tax liability only if there is a “transfer” of asset and not otherwise. It is also an accepted principle that tax can be levied only on real income and not on notional income. We are also conscious of the aspect that non-declaration of taxable income by an assessee, still makes

THE ITO 2 (2), BHOPAL vs. SHRI MUNSHIRAM BALKISHAN VERMA, BHOPAL

ITA 9/IND/2020[2008-09]Status: DisposedITAT Indore31 Mar 2023AY 2008-09

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

Section 147Section 148Section 27(1)(c)Section 54B

section 45(1) of the act creates a tax liability only if there is a “transfer” of asset and not otherwise. It is also an accepted principle that tax can be levied only on real income and not on notional income. We are also conscious of the aspect that non-declaration of taxable income by an assessee, still makes