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32 results for “capital gains”+ Section 282clear

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Key Topics

Section 26359Disallowance20Section 143(3)15Addition to Income15Section 14A14Long Term Capital Gains14Section 6810Depreciation9Capital Gains9

THE ACIT, CIRCLE 2(1), INDORE vs. DR. SHRI RAJEEV CHAUDHARY, INDORE

In the result, the appeal of the revenue is allowed and cross objection of the assessee is partly allowed

ITA 293/IND/2012[2008-09]Status: DisposedITAT Indore10 Jan 2019AY 2008-09

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Pan : Abkpc5729K Assistant Commissioner Of V/S Dr.Rajeev Choudhary Income Tax, 1, Shiv Vilas Palace Circle-2(1), Indore Indore

Section 147Section 14A

capital gain but as regards the alleged income of Rs.1,18,57,282/-, we find merit in the finding of Ld. AO and are inclined to hold that the alleged income of Rs.1,18,57,282/- is purely income from business from purchase/sale of shares and therefore, is to be taxed as a business income. We, therefore, allow the grounds

SHRI SHALIGRAM BAROD, ,INDORE vs. PR. CIT-1, INDORE

ITA 625/IND/2019[2014-15]Status: DisposedITAT Indore30 Apr 2021

Showing 1–20 of 32 · Page 1 of 2

Exemption7
Section 10(38)6
Section 80P6
AY 2014-15

Bench: Hon'Ble Manish Borad & Hon'Ble’ Madhumita Royassessment Year:2014-15 Shri Shaligram Barod, Pr. Cit-I, Ah/29, Hig, Sukhliya Indore बनाम/ Indore Vs. (Appellant) (Respondent ) P.A. No. Ahfpp4068H Appellant By Shri S.N. Agrawal, Ca Revenue By Shri S.B. Prasad, Cit-Dr

Section 143(3)Section 263Section 40A(2)(b)Section 54Section 54BSection 54FSection 54F(1)

Capital Gain Deposit Scheme Account. Thus, total investment as made by the appellant was to the tune of Rs 89,44,991/-. Thus, the appellant had properly claimed deduction under section 54F of the Income Tax Act. 5.9.1] That as regards one more point raised by Pr. CIT that there is one more flat account Rs. 330000/- thus

SHRI GOVIND DAS MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 634/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

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

Section 263Section 56(2)(viib)

capital gain arise on transfer of share is exempted u/s 10 (38) of Income Tax Act, 1961 the same may please be accepted. As regards, date of purchase of shares, it is humbly submitted that the assessee has purchased 5000 shares of Kappac Pharma Limited on 26/06/2012 for &.60,000/- through broker. The shares are duly appearing in the balance

M/S. CHARITRA GOLD PVT. LTD.,RATLAM vs. THE PR. CIT, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 517/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

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

Section 263Section 56(2)(viib)

capital gain arise on transfer of share is exempted u/s 10 (38) of Income Tax Act, 1961 the same may please be accepted. As regards, date of purchase of shares, it is humbly submitted that the assessee has purchased 5000 shares of Kappac Pharma Limited on 26/06/2012 for &.60,000/- through broker. The shares are duly appearing in the balance

SHRI ADITYA MUNDRA,DEWAS vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 632/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

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

Section 263Section 56(2)(viib)

capital gain arise on transfer of share is exempted u/s 10 (38) of Income Tax Act, 1961 the same may please be accepted. As regards, date of purchase of shares, it is humbly submitted that the assessee has purchased 5000 shares of Kappac Pharma Limited on 26/06/2012 for &.60,000/- through broker. The shares are duly appearing in the balance

DHIRENDRA INTERNATIONAL (P) LTD.,NEEMUCH vs. PR. CIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 750/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

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

Section 263Section 56(2)(viib)

capital gain arise on transfer of share is exempted u/s 10 (38) of Income Tax Act, 1961 the same may please be accepted. As regards, date of purchase of shares, it is humbly submitted that the assessee has purchased 5000 shares of Kappac Pharma Limited on 26/06/2012 for &.60,000/- through broker. The shares are duly appearing in the balance

SHRI MANOJ MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 637/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

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

Section 263Section 56(2)(viib)

capital gain arise on transfer of share is exempted u/s 10 (38) of Income Tax Act, 1961 the same may please be accepted. As regards, date of purchase of shares, it is humbly submitted that the assessee has purchased 5000 shares of Kappac Pharma Limited on 26/06/2012 for &.60,000/- through broker. The shares are duly appearing in the balance

SHRI MANISH MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 635/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

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

Section 263Section 56(2)(viib)

capital gain arise on transfer of share is exempted u/s 10 (38) of Income Tax Act, 1961 the same may please be accepted. As regards, date of purchase of shares, it is humbly submitted that the assessee has purchased 5000 shares of Kappac Pharma Limited on 26/06/2012 for &.60,000/- through broker. The shares are duly appearing in the balance

SMT SHILPA DESAI ,INDORE vs. THE PR CIT -1, INDORE

In the result, the assessee’s appeal i

ITA 112/IND/2021[2015-16]Status: DisposedITAT Indore19 Jan 2022AY 2015-16

Bench: Shri Mahavir Prasad & Shri Manish Borad(Virtual Hearing) Assessment Year: 2015-16 Smt. Shilpa Desai, Indore Pan – Abzpd 4926 A … Appellant Vs. Pcit-I, Indore … Respondent

Section 143(3)Section 263Section 54Section 54BSection 54ESection 54F

section 54EC/54F was very well examined by the Assessing officer and after application of his mind the claim has been allowed by him. It is not a case of no enquiry rather it is a case of complete enquiry by the Ld. Assessing officer who after calling all the necessary documents examined the transaction of Long Term Capital Gain

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

282. Page 5 of 17 ITA Nos.215 & others Ind/2019 Sheela Agarwal and Ankur Agarwal Page 6 of 17 6. The assessee is a regular investor in shares for last 15 to 20 years and this fact is also evident from the statement of the assessee recorded by the AO. It is not necessary that the assessee must have the knowledge

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

282. Page 5 of 17 ITA Nos.215 & others Ind/2019 Sheela Agarwal and Ankur Agarwal Page 6 of 17 6. The assessee is a regular investor in shares for last 15 to 20 years and this fact is also evident from the statement of the assessee recorded by the AO. It is not necessary that the assessee must have the knowledge

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

282. Page 5 of 17 ITA Nos.215 & others Ind/2019 Sheela Agarwal and Ankur Agarwal Page 6 of 17 6. The assessee is a regular investor in shares for last 15 to 20 years and this fact is also evident from the statement of the assessee recorded by the AO. It is not necessary that the assessee must have the knowledge

SHRI KESHAV KANUNGO,BHOPAL vs. PR CIT -1 , BHOPAL

In the result, appeal of the assessee is allowed

ITA 107/IND/2021[2015-16]Status: DisposedITAT Indore22 Nov 2022AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: NoneFor Respondent: Shri P.K. Mitra, CIT (DR)
Section 143(3)Section 263Section 50CSection 54Section 54E

282, Rohit Nagar, Phase-1, Bhopal. Bawadiakala, Bhopal. [PAN – ABVPK 2942 F] (Appellant) (Respondent) Appellant by : None Respondent by : Shri P.K. Mitra, CIT (DR) Date of hearing : 17.10.2022 Date of pronouncement : 22.11.2022 O R D E R PER SUCHITRA KAMBLE, JUDICIAL MEMBER : This appeal is filed by the assessee against the order dated 25.03.2021 passed by the PCIT-1, Bhopal

DEPUTY COMMISSIONER OF INCOME TAX-3 (1), INDORE vs. SHRI SANJEEV PATNI, INDORE

In the result appeal of the assessee is allowed

ITA 189/IND/2018[2009-10]Status: DisposedITAT Indore01 Sept 2021AY 2009-10

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2009-10 Sanjeev Patni Indore Pan:Aftpp6237Q : Appellant

Section 10Section 139Section 143Section 144Section 147Section 69

Capital Gains without offering any opportunity to assessing officer and relying only on computation given by assessee for holding period. 3.Whether on the facts and in the circumstances of the case} Ld. CIT(A) was justified in restricting the addition of Rs. 1,64,64,619/- based on credits in bank accounts to Rs. 4,05,223/- only without giving

SHRI SANJEEV PATNI,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX-3(1), INDORE

In the result appeal of the assessee is allowed

ITA 62/IND/2018[2009-10]Status: DisposedITAT Indore01 Sept 2021AY 2009-10

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2009-10 Sanjeev Patni Indore Pan:Aftpp6237Q : Appellant

Section 10Section 139Section 143Section 144Section 147Section 69

Capital Gains without offering any opportunity to assessing officer and relying only on computation given by assessee for holding period. 3.Whether on the facts and in the circumstances of the case} Ld. CIT(A) was justified in restricting the addition of Rs. 1,64,64,619/- based on credits in bank accounts to Rs. 4,05,223/- only without giving

THE ACIT, (CENTRAL)-1, INDORE vs. M/S. PRAKASH ASHPHLTING & TOO HIGHWAY LTD., INDORE

In the result, both the appeals of the Revenue are dismissed

ITA 228/IND/2017[2011-12]Status: DisposedITAT Indore24 Apr 2018AY 2011-12

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. Nos. 227 & 228/Ind/2017 "नधा"रणवष" / Assessment Years: 2010-11 & & 2011-12 Assistant Commissioner Of Vs. M/S Prakash Asphalting & Toll Highway Limited, Income-Tax (Central)-I, 76, Mall Road, Mhow, Indore. Indore.

Section 143(3)Section 14ASection 263

Section 14A cannot be invoked if earning of exempt income is based on certain uncertainty and contingencies. (b) If the investment has the potential of generating taxable income like short term capital gain, disallowance U/s. 14A could not be invoked. (c) If during the year under consideration, the assessee has not earned the exempt income, provision of sec.14A

THE ACIT, (CENTRAL)-1, INDORE vs. M/S. PRAKASH ASHPHLTING & TOO HIGHWAY LTD., INDORE

In the result, both the appeals of the Revenue are dismissed

ITA 227/IND/2017[2010-11]Status: DisposedITAT Indore24 Apr 2018AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. Nos. 227 & 228/Ind/2017 "नधा"रणवष" / Assessment Years: 2010-11 & & 2011-12 Assistant Commissioner Of Vs. M/S Prakash Asphalting & Toll Highway Limited, Income-Tax (Central)-I, 76, Mall Road, Mhow, Indore. Indore.

Section 143(3)Section 14ASection 263

Section 14A cannot be invoked if earning of exempt income is based on certain uncertainty and contingencies. (b) If the investment has the potential of generating taxable income like short term capital gain, disallowance U/s. 14A could not be invoked. (c) If during the year under consideration, the assessee has not earned the exempt income, provision of sec.14A

BADAM SINGH,BHOPAL vs. ITO 4(1) , BHOPAL

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

ITA 127/IND/2025[2013-2014]Status: DisposedITAT Indore31 Jul 2025AY 2013-2014

Bench: B.M. Biyani & Shri Paresh M Joshibadam Singh, Income Tax Officer- बनाम/ 392 Gram Palasi, 4(1), Vs. New Jail Road, Bhopal Karond, Bhopal (Pan: Drhps5664B) (Appellant) (Revenue) Assessee By Shri S.S. Solanki, Ars Revenue By Shri Ashish Porwal, Dr Date Of Hearing 31.07.2025 Date Of Pronouncement 31.07.2025 आदेश / O R D E R

Section 143Section 246ASection 250Section 253Section 282

282 of the Act. However, there has been no response from the appellant till date. There is no gain saying that once the appeal is filed by the appellant, it is obligatory on its part to pursue the same in a Page 2 of 10 Badam Singh ITA No. 127/Ind/2025 - A.Y.2013-14 worthwhile manner, which the appellant has failed

BHAV SINGH RAJPUT ,BHOPAL vs. INCOME TAX OFFICER-5(4), BHOPAL, BHOPAL

The appeal is allowed for statistical purpose

ITA 492/IND/2024[2016-2017]Status: DisposedITAT Indore23 Jan 2025AY 2016-2017

Bench: Shri B.M. Biyani & Shri Udayan Das Guptaassessment Year:2016-17 Bhav Singh Rajput Ito -5(4) 4, Leeladhar Bhopal बनाम/ Narlashankari Vs. Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Atgps2541H Assessee By Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 21.01.2025 Date Of Pronouncement 23.01.2025

Section 143(1)Section 250Section 54B

capital gains arising out of transfer of lands used for agricultural purpose . The appellant claimed to have invested Rs.15,50,000/- on account of purchase of agricultural lands , but the he was not able to substantiate the said claim by production of proper documentary evidences to the satisfaction of the AO , and the evidences produced were not complete documents

INCOME TAX OFFICER-1(2), INDORE, INDORE vs. DIVINE INFRACREATION AND TRADING PRIVATE LIMITED, MUMBAI

Accordingly quash the assessment-order made by AO.\nThe assessee's ground is allowed

ITA 272/IND/2024[2010-11]Status: DisposedITAT Indore28 Feb 2025AY 2010-11
Section 144Section 148Section 68Section 68(1)

capital gains were clearly available before the\nAssessing Officer during the original assessment proceedings and that the\nRevenue had not brought any material before it, which was not disclosed by\nthe assessee in the original return of income. Thus, the Tribunal concluded\nthat there was no failure on the part of the assessee to disclose any material\nfact relevant