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15 results for “capital gains”+ Section 40A(2)(b)clear

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Key Topics

Section 40A(3)31Section 143(3)13Disallowance12Section 26311Addition to Income11Section 1478Section 1545Section 1485Section 142(1)5

THE DCIT1(1), INDORE vs. SHRI RAVI ARORA, INDORE

ITA 212/IND/2020[2011-12]Status: DisposedITAT Indore31 Jul 2023AY 2011-12

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2011-12 Dcit-5(1), Shri Ravi Arora, Indore 1007, Khatiwala Tank, बनाम/ 236, Indraprasth Tower, 6, M.G. Road, Vs. Indore. (Revenue / Appellant) (Assessee / Respondent) Pan: Agdpa8921H Assessee By Shri Yash Kukreja, Ca & Shri Hitesh Chimnani, Adv & Ld. Ars Revenue By Shri P.K.Mishra, Cit Dr Date Of Hearing 04.05.2023 Date Of Pronouncement 31.07.2023

Section 143(2)Section 143(3)Section 40A(3)Section 68

capital gain from long-term to short-term based on holding period demonstrated by De- mat A/c, since the assessee has no grievance and accepted the same, we have no point to offer anything from our side. That brings us to conclude that there is nothing to interfere with the order passed by CIT(A); we uphold the same

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE ITO -1 (5), BHOPAL

In the result, appeal of assessee is allowed

Reopening of Assessment5
Limitation/Time-bar3
Section 143(2)2
ITA 10/IND/2023[22014-15]Status: DisposedITAT Indore03 Aug 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Essargee Construction Ito 1(5) Pvt. Ltd. Bhopal Vs. A-10, Mezenine Floor Essarjee House Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaace 8852F Assessee By Shri Manoj Fadnis, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.07.2023 Date Of Pronouncement 03.08.2023

Section 40Section 40A(3)

capital gains tax and the UK reduced its maximum rate of personal tax from 83 to 60 per cent. In 1982, Sweden reduced its marginal rate of personal income-tax from 85 to 50 per cent. In this country, the Government purpons to simplify the income-tax law but pursues the course, may be due to compulsions, in the opposite

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE DCIT- 1(1), BHOPAL

In the result, appeals of assesse for A

ITA 6/IND/2023[2010-11]Status: DisposedITAT Indore31 Jul 2023AY 2010-11

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

Section 142(1)Section 143(3)Section 147Section 148Section 154Section 40A(3)

2 of 30 ITA No. 6 to 9 & 11/Ind/2023 Essarjee Construction P. Ltd. Page 3 of 30 issued notice u/s 142(1) on 12.08.2015. in response to the said notice the assesse filed replies dated 13.07.2015 & 13.08.2015 on the issue of cash payment of Rs.17,50,000/-. The assesse explained that the said cash payment was made on account

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE ACIT- 1(1), BHOPAL

In the result, appeals of assesse for A

ITA 9/IND/2023[22013-14]Status: DisposedITAT Indore31 Jul 2023

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

Section 142(1)Section 143(3)Section 147Section 148Section 154Section 40A(3)

2 of 30 ITA No. 6 to 9 & 11/Ind/2023 Essarjee Construction P. Ltd. Page 3 of 30 issued notice u/s 142(1) on 12.08.2015. in response to the said notice the assesse filed replies dated 13.07.2015 & 13.08.2015 on the issue of cash payment of Rs.17,50,000/-. The assesse explained that the said cash payment was made on account

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE ACIT- 1(1), BHOPAL

In the result, appeals of assesse for A

ITA 7/IND/2023[2010-11]Status: DisposedITAT Indore31 Jul 2023AY 2010-11

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

Section 142(1)Section 143(3)Section 147Section 148Section 154Section 40A(3)

2 of 30 ITA No. 6 to 9 & 11/Ind/2023 Essarjee Construction P. Ltd. Page 3 of 30 issued notice u/s 142(1) on 12.08.2015. in response to the said notice the assesse filed replies dated 13.07.2015 & 13.08.2015 on the issue of cash payment of Rs.17,50,000/-. The assesse explained that the said cash payment was made on account

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE DCIT-1 (1), BHOPAL

In the result, appeals of assesse for A

ITA 11/IND/2023[22015-16]Status: DisposedITAT Indore31 Jul 2023

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

Section 142(1)Section 143(3)Section 147Section 148Section 154Section 40A(3)

2 of 30 ITA No. 6 to 9 & 11/Ind/2023 Essarjee Construction P. Ltd. Page 3 of 30 issued notice u/s 142(1) on 12.08.2015. in response to the said notice the assesse filed replies dated 13.07.2015 & 13.08.2015 on the issue of cash payment of Rs.17,50,000/-. The assesse explained that the said cash payment was made on account

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE DCIT- 1(1), BHOPAL

In the result, appeals of assesse for A

ITA 8/IND/2023[22012-13]Status: DisposedITAT Indore31 Jul 2023

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

Section 142(1)Section 143(3)Section 147Section 148Section 154Section 40A(3)

2 of 30 ITA No. 6 to 9 & 11/Ind/2023 Essarjee Construction P. Ltd. Page 3 of 30 issued notice u/s 142(1) on 12.08.2015. in response to the said notice the assesse filed replies dated 13.07.2015 & 13.08.2015 on the issue of cash payment of Rs.17,50,000/-. The assesse explained that the said cash payment was made on account

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

ITA 148/IND/2021[2015-16]Status: DisposedITAT Indore09 Nov 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

Section 263

b) reported in Audit Report & ITR ii. High interest expenditure against new capital 5.1 Thereafter on perusal of the record the Pr. CIT noted that the assesse has taken interest bearing loans of Rs.9.90 crores and unsecured loans of Rs.6.76 crores and debited the interest expenditure in the profit and loss account of Rs.1.10 crores. Simultaneously the assesse has given

THE ACIT,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

ITA 235/IND/2021[2011-12]Status: DisposedITAT Indore30 Jan 2023AY 2011-12

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ajay Tulsian, CA &For Respondent: Shri P.K. Mishra, CIT, DR
Section 147

gainfully refer to the decision in the case of BEW Cable & Conductors Pvt Ltd in'lTA No.l070/Kol/2012 dated 03.02.2016 wherein on similar facts and circumstances, the co-ordinate Bench of this Tribunal had deleted the disallowance ofk loss incurred by the assessee in commodity transactions on NMCE during FY 2008-09, which was disallowed by the AO on the ground

THE ACIT ,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

ITA 226/IND/2021[2012-2013]Status: DisposedITAT Indore30 Jan 2023AY 2012-2013

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ajay Tulsian, CA &For Respondent: Shri P.K. Mishra, CIT, DR
Section 147

gainfully refer to the decision in the case of BEW Cable & Conductors Pvt Ltd in'lTA No.l070/Kol/2012 dated 03.02.2016 wherein on similar facts and circumstances, the co-ordinate Bench of this Tribunal had deleted the disallowance ofk loss incurred by the assessee in commodity transactions on NMCE during FY 2008-09, which was disallowed by the AO on the ground

THE ADDL. CIT RANGE -1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

ITA 227/IND/2021[2015-16]Status: DisposedITAT Indore30 Jan 2023AY 2015-16

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ajay Tulsian, CA &For Respondent: Shri P.K. Mishra, CIT, DR
Section 147

gainfully refer to the decision in the case of BEW Cable & Conductors Pvt Ltd in'lTA No.l070/Kol/2012 dated 03.02.2016 wherein on similar facts and circumstances, the co-ordinate Bench of this Tribunal had deleted the disallowance ofk loss incurred by the assessee in commodity transactions on NMCE during FY 2008-09, which was disallowed by the AO on the ground

THE ACIT, CENTRAL-1, INDORE vs. M/S. MANISH AGRO TECH PVT. LTD., INDORE

In the result grounds of revenue for A

ITA 219/IND/2021[2015-16]Status: DisposedITAT Indore30 Jan 2023AY 2015-16

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ruchira SinghalFor Respondent: Shri P.K Mishra, CIT (DR)

gain of Rs. 5,94,13,341/- to the appellant Cross Objection Nos.5 & 6/Ind/2020 Assessment Years: 2012-13 & 2015-16 which has been properly offered to taxation before the AO. The assessee also submitted that the transactions carried out at NMCE through registered brokers were on screen based trading platform to which the appellant had no excess and the counter

THE ACIT, CENTRAL-1, INDORE vs. M/S. MANISH AGRO TECH PVT. LTD., INDORE

In the result grounds of revenue for A

ITA 218/IND/2021[2012-13]Status: DisposedITAT Indore30 Jan 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ruchira SinghalFor Respondent: Shri P.K Mishra, CIT (DR)

gain of Rs. 5,94,13,341/- to the appellant Cross Objection Nos.5 & 6/Ind/2020 Assessment Years: 2012-13 & 2015-16 which has been properly offered to taxation before the AO. The assessee also submitted that the transactions carried out at NMCE through registered brokers were on screen based trading platform to which the appellant had no excess and the counter

SHRI LAV NARANG,UJJAIN vs. PCIT,, UJJAIN

ITA 166/IND/2020[2015-16]Status: DisposedITAT Indore30 Nov 2021AY 2015-16

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2015-16

Section 143(2)Section 143(3)Section 194CSection 263Section 40A(3)Section 44A

40A(3). 2(b) Out of 51 residential plots purchased, the assessee sold 6 plots during the months of Mar. 2015 and worked capital loss of Rs.1,81,455/-. As per purchase deed of plot No.151 available on record, the registration expenses and stamp duty fee of Rs.40,735/- was paid by the seller. Therefore, the capital losses worked

DCIT 1(1), INDORE vs. M/S MAA UMIYA AGRITECH PVT. LTD. , INDORE

In the result, appeal of Revenue is dismissed

ITA 89/IND/2022[2012-13]Status: DisposedITAT Indore08 Jun 2023AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanidcit 1(1) M/S. Maa Umiya Agritech Pvt. Ltd. Indore 119, A.B. Road, Aloo Pyaj Mandi, Vs. Indore (Appellant / (Revenue) (Assessee) Pan: Aabcn8230F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By Shri S.S. Solanki, Ar Date Of Hearing 11.04.2023 Date Of Pronouncement 08.06.2023

Section 12ASection 138Section 144Section 145

b) and (c) of section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.” Accordingly, in view of the judgment of Hon’ble Supreme Court in suo- moto cognizance for extension of the limitation