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17 results for “capital gains”+ Section 35(2)(ab)clear

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Key Topics

Section 26333Section 12A24Section 14822Section 143(3)17Section 143(2)16Section 14713Section 1011Section 54B10Addition to Income9Exemption

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 Indore30 Oct 2025AY 2012-13
Section 139Section 143(2)Section 143(3)Section 147Section 148Section 2(14)(iii)Section 54B

section 147 of the IT Act, 1961 would not be attracted and hence, reopening of the\ncase, in such situation is not justified.\n7. It is now a settled law by virtue of various judicial pronouncements that reopening based on mere\nchange in opinion is bad-in-law and void ab-initio.\nB.M. Associates v. Assistant Commissioner of Income

6
Reassessment4
Deduction3

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

NILIMA KOTHARI,INDORE vs. THE INCOME TAX OFFICER, NATIONAL FACELESS ASSTT. CENTRE, INDORE

In the result appeal of the assessee is allowed as per terms indicated above

ITA 259/IND/2024[2016-17]Status: DisposedITAT Indore20 Sept 2024AY 2016-17

Bench: Shri Manish Boradsmt. Neelima Kothari, Income Tax Officer, 601, N.R.K. Villas, Delhi Vs. 22/2 Manoramaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Adnpk7832J Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 08.08.2024 Date Of Pronouncement 20.09.2024

Section 10(38)Section 147Section 148Section 151Section 68

ab-initio void hence assessment order passed should have been quashed. 03) Issue: Validity of Information for issuance of notice under section 148 : That the Commissioner of Income tax (A) erred in law in not appreciating the fact that notice under section 148 of the Act was based on information received from SEBI regarding transactions in equity shares

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE vs. SHRI RITESH JAIN, INDORE

ITA 794/IND/2018[2010-11]Status: DisposedITAT Indore12 Jan 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & It(Ss)Ano.14/Ind/2022 (Assesssment Year 2011-12

Section 139Section 143(2)Section 147Section 148

ab initio for want of valid notice u/s 143(2) as per law as evident from fact that when return in response to notice u/s 148 was admittedly filed on 27/04/2016 notice u/s143(2) is issued on very same day that is 27/04/2016 which shows non application of mind in issuing notice u/s 143(2) and thereafter in framing

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

ab initio. Without prejudice to additional ground taken above: B. Apropos ground no. 1, 2 and 6 – Cancellation of the registration u/s 12AA retrospectively by invoking provisions of section 12AA(3) and 12AA(4), since activities of the assessee are genuine and are being carried out in accordance with the objects of the trust and thus provisions of section 12AA

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

ab initio. Without prejudice to additional ground taken above: B. Apropos ground no. 1, 2 and 6 – Cancellation of the registration u/s 12AA retrospectively by invoking provisions of section 12AA(3) and 12AA(4), since activities of the assessee are genuine and are being carried out in accordance with the objects of the trust and thus provisions of section 12AA

M/S SHISHUKUNJ EDUCATIONAL SOCIETY,THE SHISHUKUNJ INTERNATIONAL SCHOOL, GRAM JHALARIA vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), DIRECTOR GENERAL OF INCOME TAX. AAYKAR BHAWAN,

ITA 806/IND/2024[2024-25]Status: DisposedITAT Indore28 Apr 2025AY 2024-25
For Appellant: Shri Sumit Nema, Sr. Adv. with Gagan Tiwari, ArunFor Respondent: Shri Ram Kumar Yadav, CIT-DR
Section 10Section 127(2)Section 132Section 143(3)

ab-initio\nin as much as the learned Pr. CIT, Central, Bhopal, has not been vested with the power to\ndischarge the function of the Income-tax authority for purposes of section 10(23C) of the Act\nconsidering the Notification No. 52 & 53 dated 22/10/2014 issued by the CBDT.\n2. RELIANCE ON EX PARTE INTERNAL COMMUNICATION DT. 19.01.2024 ISSUED

M/S TRUBA EDUCATION SOCIETY ,BHOPAL vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) BHOPAL, BHOPAL

ITA 801/IND/2024[2023-24]Status: DisposedITAT Indore24 Apr 2025AY 2023-24
Section 11Section 127(2)Section 12ASection 12A(1)(ac)Section 132Section 133ASection 143(3)Section 147Section 2(15)

ab-initio in as\nmuch as the learned Pr. CIT, Central, Bhopal, has not been vested with the\npower to discharge the function of the Income-tax authority for purposes of\nsection 12AB(4) of the Act considering the Notification No. 52 & 53 dated\n22/10/2014 issued by the CBDT.\n2.\nRELIANCE ON EX PARTE INTERNAL COMMUNICATION DT.\n19.01.2024 ISSUED

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

ab initio. Reliance in this regard was rightly\nplaced on the decision of the Hon'ble Jurisdictional High Court in the\ncase of CIT vs. Jet Airways (I) Ltd. (2011) 239 CTR (Bom) 183 : (2011)\n52 DTR (Bom) 71 : (2011) 331 ITR 236 (Bom). When an assessment\nframed by the learned AO is unsustainable in the eyes

M/S SIDDHULA;L,BHOPAL vs. THE ITO 2(2) BHOPAL, BHOPAL

Appeal is partly allowed

ITA 110/IND/2023[2011-12d]Status: DisposedITAT Indore28 Feb 2024

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2011-12 M/S. Siddhulal Patidar, Income-Tax Officer, 01,Gram Sallaiya, 2(2), बनाम/ Bawadia Kalan, Bhopal Vs. Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Dhypp1740N Assessee By Shri Ashish Goyal & Shri N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 13.02.2024 Date Of Pronouncement 28.02.2024

Section 143(3)Section 148Section 234ASection 271(1)(c)Section 50C(1)Section 50C(2)Section 54B

capital gain, which is bad in law, void ab initio, illegal, contrary to the facts, records, submissions and circumstances of the case, liable to be annulled. Page 1 of 14 M/s.Siddhulal Patidar, Bhopal vs. ITO, 2(2), Bhopal ITA No. 110/Ind/2023 – AY 2011-12 (2) That the Ld. CIT(A) erred in denial of deduction u/s 54B of the Income

BHAGWAT PRASAD MALVIYA,BHOPAL vs. ITO-3(1), BHOPAL, BHOPAL

The appeal of the assessee is allowed for statistical

ITA 456/IND/2025[2014-15]Status: HeardITAT Indore04 Dec 2025AY 2014-15

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshiassessment Year: 2014-15 Bhagwat Prasad Malviya Ito -3(1) 28, Crp Phatak Road Bhopal बनाम/ Bairagarh, Vs. Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Afbpm8998M Assessee By Shri N.D. Patwa, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 02.12.2025 Date Of Pronouncement 04.12.2025

Section 143(3)Section 154Section 246ASection 250Section 253Section 548Section 54B

35,49,845. Page 4 of 12 Bhagwat Prasad Malviya A.Y. 2014-15 Section 54F: 9.13 The assessee claimed to have invested Rs. 1,53,57,901 in a fixed deposit, but this was in the name of a different person and not in the designated Capital Gains Account. The FD matured on 05.04.2014, and no evidence was provided that

MARIAMMA KURIAN,BHOPAL vs. ITO-1(1), BHOPAL, BHOPAL

In the result appeal of the assessee is allowed

ITA 2/IND/2025[2011-12]Status: DisposedITAT Indore28 Aug 2025AY 2011-12

Bench: Shri Manish Boradmariamma Kurian, Income Tax Officer 1(1) Mig-93 A-Sector, Bhopal Vs. Sonagiri Piplani, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Abspk4941P Assessee By S/Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 25.08.2025 Date Of Pronouncement 28.08.2025 O R D E R

Section 143(2)Section 143(3)

ab initio, barred by limitation, illegal, contrary to the facts and circumstances of the case, liable to be annulled. 3. The Id CIT(A) was not justified in confirming the addition of 3 Rs.30,00,000/- without considering the facts and circumstances of the case. 4. The appellant carves leave to add, amend or modify any of the grounds

LATE SMT SUSHILA BISARYA, BHOPAL vs. THE PR CIT-1, BHOPAL

In the result, we are Shri Jignesh Lilachand Shah vs

ITA 89/IND/2021[2010-11]Status: DisposedITAT Indore16 Aug 2023AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanilate Smt. Sushila Bisarya Pr. Cit-1 L.H. Pramod Bisarya Bhopal Vs. 125 Malviya Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aewpb 2587 D Assessee By Shri Gagan Tiwari, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 16.08.2023

Section 147Section 148Section 263

Capital Gain calculated by the assessee. Also no query was raised by the AO with regard to documentary evidence regarding cost of construction incurred by the assessee nor the same was furnished by the assessee during assessment." 8. It is pertinent to note that when the AO while passing the reassessment order u/s 147 r.w.s. 143(3) on 31st July

NATIONAL LAW INSTITUTE UNIVERSITY ,BHOPAL vs. DCIT(EXEMPTION), BHOPAL

Appeal is allowed in terms mentioned above

ITA 423/IND/2024[2015-16]Status: DisposedITAT Indore09 Oct 2025AY 2015-16
Section 11Section 12ASection 143(2)Section 143(3)

ab initio, barred by limitation, illegal, contrary to the facts and\ncircumstances of the case, liable to be annulled.\n3. The Ld. CIT(A) was not justified in confirming the addition of Rs.\n5,42,75,671/- on account of Reserves & Surplus of mess A/c without\nconsidering the facts and circumstances of the case

DISTINT REALTY P LTD,INDORE vs. THJE DY CIT 2(1), INDORE

ITA 39/IND/2023[2011-12]Status: DisposedITAT Indore07 Aug 2023AY 2011-12

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2011-12 Distinct Realty Private Dy. Cit, Limited, 2(1), C-1, Panchwati Colony, Indore. बनाम/ Village-Talawali Chanda, Ab Road, Vs. District-Indore Pin-453771 (Assessee / Appellant) (Revenue / Respondent) Pan: Aaacd6057D Assessee By Shri G.K. Rathi, Advocate Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 10.05.2023 Date Of Pronouncement 07.08.2023

Section 132Section 143(3)Section 147Section 148Section 2(47)Section 254(4)

AB Road, Vs. District-Indore PIN-453771 (Assessee / Appellant) (Revenue / Respondent) PAN: AAACD6057D Assessee by Shri G.K. Rathi, Advocate Revenue by Shri Ashish Porwal, Sr. DR Date of Hearing 10.05.2023 Date of Pronouncement 07.08.2023 आदेश / O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by appeal-order dated 16.01.2023 passed by learned Commissioner of Income-tax (Appeal), National

INCOME TAX OFFICER-1(1), INDORE, INDORE vs. SHRI MOTILAL MUKATI LEGAL HEIR OF RAMCHANDRA MUKATI, INDORE

In the result, the appeal of revenue is dismissed

ITA 391/IND/2023[2009-10]Status: DisposedITAT Indore21 Feb 2024AY 2009-10

Bench: Shri Vijay Pal Raoito-1(1) Shri Motilal Mukati Indore (L/H Of Ramchandra Mukati 9, Kabir Khedi, Near Sukhliya Vs. Indore

Section 143(3)Section 147Section 263Section 54F

ab- initio, not tenable in law and therefore liable to be quashed. 2. The Id ITO 1(4) erred in confirming the demand u / s 143 (3) read with Section 263. 3. The appellant carves leave to add or amend or modify the grounds of appeal" Page 1 of 4 SMC-Motilal Mukati Page 2 of 4 2. I have

SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED,BHOPAL vs. THE COMMISSIONER OF INCOME TAX (APPEALS), BHOPAL

Appeal is allowed for statistical purposes

ITA 425/IND/2024[2015-16]Status: DisposedITAT Indore07 May 2025AY 2015-16
Section 143(3)Section 194HSection 40

ab-initio and bad in law and deserves to be quashed.\n2. That the Ld. CIT(A) has erred in law and on facts and circumstances of the\ncase in confirming the order passed by the Assessing Officer ignoring the claim\nmade by the appellant in respect of expenses which were claimed in the revised\ncomputation filed during the course