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16 results for “capital gains”+ Section 40A(3)clear

Sorted by relevance

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Key Topics

Section 40A(3)31Section 143(3)14Disallowance13Addition to Income12Section 26311Section 1478Section 1545Section 1485Section 142(1)5Section 68

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

In the result, appeal of assessee is allowed

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)

gains of business or profession under the said section. Amongst the various clauses, cl. () which is relevant, read as under: (i) where the payment was required to be made on a day on which the banks were closed either on account of holiday or strike: 19. It could be appreciated that s. 40A and in particular sub-cl. (3) thereof

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

ITA 212/IND/2020[2011-12]Status: DisposedITAT Indore
5
Reopening of Assessment5
Limitation/Time-bar3
31 Jul 2023
AY 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

3) Whether on the facts and in the circumstances of the case and the Ld. CIT(A) has erred in treating as Short Term Capital Gain as Long Term Capital Gain and hence giving relief of Rs. 44,81,373/- without considering the fact that the company m/s. Eden Financial Services, from whom the shares were purchased off line

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)

gains of business or profession under the said section. Amongst the various clauses, cl. () which is relevant, read as under: (i) where the payment was required to be made on a day on which the banks were closed either on account of holiday or strike: 19. It could be appreciated that s. 40A and in particular sub-cl. (3) thereof

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)

gains of business or profession under the said section. Amongst the various clauses, cl. () which is relevant, read as under: (i) where the payment was required to be made on a day on which the banks were closed either on account of holiday or strike: 19. It could be appreciated that s. 40A and in particular sub-cl. (3) thereof

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)

gains of business or profession under the said section. Amongst the various clauses, cl. () which is relevant, read as under: (i) where the payment was required to be made on a day on which the banks were closed either on account of holiday or strike: 19. It could be appreciated that s. 40A and in particular sub-cl. (3) thereof

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)

gains of business or profession under the said section. Amongst the various clauses, cl. () which is relevant, read as under: (i) where the payment was required to be made on a day on which the banks were closed either on account of holiday or strike: 19. It could be appreciated that s. 40A and in particular sub-cl. (3) thereof

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)

gains of business or profession under the said section. Amongst the various clauses, cl. () which is relevant, read as under: (i) where the payment was required to be made on a day on which the banks were closed either on account of holiday or strike: 19. It could be appreciated that s. 40A and in particular sub-cl. (3) thereof

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

40A (3) of the income tax act. It is apparent from the audit objection filed before us at page number 30 of the paper book that the case of the assessee was selected for the scrutiny to verify only the cash deposit in the bank account of the assessee. The issue before us is whether assessing officer has made

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

40A(3) of Rs.13,92,820/- which is already part of the suo-moto disallowance of Rs.47,73,187/-, disallowance u/s 40(a)(ia) of Rs.1,50,500/- towards payment to transporters which was also disallowed by the assessee and unsecured loan of Rs.12,50,000/- given in cash was also suo moto added back of Rs.8 laksh

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

DEPUTY COMMISSIONER OF INCOME TAX-3 (1), INDORE vs. SHRI MUKESH AGRAWAL, INDORE

In the result, Revenue’s appeal in ITANo

ITA 517/IND/2018[2005-06]Status: DisposedITAT Indore30 Nov 2021AY 2005-06

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year 2005-06

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

Section 68 of the Income Tax Act, 1961. 4.Whether on the facts and in the circumstances of the case, Ld. CIT(A) is justified in deleting the addition of Rs. 9,39,798/- made by the AO in respect of purchase of scrap without appreciating the factual position that the assessee has not submitted any purchase bill and not furnished

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 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. 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

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