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15 results for “capital gains”+ Section 548clear

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Key Topics

Section 26325Section 54B11Disallowance9Section 1548Depreciation8Section 45(3)5Section 143(3)4Section 115B4Addition to Income4Section 147

SHRI BHAWANI SHANKAR PARASHAR,INDORE vs. THE DCIT/ACIT 1 (2), INDORE

In the result, appeal of assessee is allowed

ITA 411/IND/2022[2012-13]Status: DisposedITAT Indore21 Jun 2023AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Bhawani Shankar Pr. Cit-1 Prashar Indore 28, Lasudia Mori, Vijay Vs. Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Bgbpp 2475 G Assessee By Shri S.N. Agrawal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 02.05.2023 Date Of Pronouncement 21.06.2023

Section 263

capital gain in one year only more so when the amount was actually received by the appellant in five years. 6. That on the facts and in the circumstances of the case and in law the Ld Assessing officer erred in not allowing proper deduction under section 548

SMT HAFIZ SHAIKH,DEWAS vs. THE ITO WARD-1, DEWAS

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

ITA 56/IND/2023[2017-18]Status: DisposedITAT Indore
3
Revision u/s 2633
Exemption2
29 May 2023
AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanihafiz Shaikh Ito Ward-1 32/2, Laxmi Park Moti Dewas Vs. Bunglow Dewas (Appellant / Assessee) (Respondent/ Revenue) Pan: Ajups6986 L Assessee By Ms. Richa Parwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 25.05.2023 Date Of Pronouncement 29.05.2023

Section 45Section 45(3)Section 54Section 54B

Capital Gain arising from deeming provision u/s 45(3) of the Act: 1.1. By holding that the land in reference has not been shown as used for agricultural purpose and that nothing has been brought on record to show that the land was being cultivated prior to its sale, being completely on a wrong set of facts and in gross

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

section 548 that purchase must be after the date of transfer. An amount of Rs. 1,53,57,901 claimed under Capital Gains

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

capital gain of Rs.32.79,066/- declared by the\nassessee and claimed exempt u/s 10(38) of the Act is bogus, therefore, there\nis live nexus between the information available and the satisfaction recorded\nand, accordingly, Ld. CIT-DR submit that the case of the assessee was\nrightly reopened and prayed accordingly.\nPage 19 of 49\nSantosh Rathore\nITA No. 451/Ind/2024

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

ITA 776/IND/2018[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

548 (SC). It also referred to a decision of the Supreme Court in Adityapur Industrial Area Development authority v. Union of India [2006] 5 Scale 321 (SC), where it was held that an exemption granted cannot be taken away, unless it is expressly provided for. In such cases where the Assessing Officer infers income for a charitable institution other than

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

ITA 232/IND/2017[2013-14]Status: DisposedITAT Indore29 Oct 2021AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

548 (SC). It also referred to a decision of the Supreme Court in Adityapur Industrial Area Development authority v. Union of India [2006] 5 Scale 321 (SC), where it was held that an exemption granted cannot be taken away, unless it is expressly provided for. In such cases where the Assessing Officer infers income for a charitable institution other than

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

ITA 784/IND/2019[2013-14]Status: DisposedITAT Indore24 Aug 2023AY 2013-14

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

548 on visits by Mr. Amitva Sarkar to Istanbul/turkey; and the rest of expenditure is incurred on passport/visa fee of some persons. He submitted that all visitors are employees of assessee and a small amount of Rs. 2,500/- is incurred for passport/visa fee of Mr. Vivek Loiwal, director of company. He carried us to the country-wise breakup

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

ITA 850/IND/2019[2013-14]Status: DisposedITAT Indore24 Aug 2023AY 2013-14

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

548 on visits by Mr. Amitva Sarkar to Istanbul/turkey; and the rest of expenditure is incurred on passport/visa fee of some persons. He submitted that all visitors are employees of assessee and a small amount of Rs. 2,500/- is incurred for passport/visa fee of Mr. Vivek Loiwal, director of company. He carried us to the country-wise breakup

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

ITA 24/IND/2019[2015-16]Status: DisposedITAT Indore24 Aug 2023AY 2015-16

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

548 on visits by Mr. Amitva Sarkar to Istanbul/turkey; and the rest of expenditure is incurred on passport/visa fee of some persons. He submitted that all visitors are employees of assessee and a small amount of Rs. 2,500/- is incurred for passport/visa fee of Mr. Vivek Loiwal, director of company. He carried us to the country-wise breakup

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

ITA 11/IND/2019[2012-13]Status: DisposedITAT Indore24 Aug 2023AY 2012-13

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

548 on visits by Mr. Amitva Sarkar to Istanbul/turkey; and the rest of expenditure is incurred on passport/visa fee of some persons. He submitted that all visitors are employees of assessee and a small amount of Rs. 2,500/- is incurred for passport/visa fee of Mr. Vivek Loiwal, director of company. He carried us to the country-wise breakup

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

ITA 12/IND/2019[2014-15]Status: DisposedITAT Indore24 Aug 2023AY 2014-15

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

548 on visits by Mr. Amitva Sarkar to Istanbul/turkey; and the rest of expenditure is incurred on passport/visa fee of some persons. He submitted that all visitors are employees of assessee and a small amount of Rs. 2,500/- is incurred for passport/visa fee of Mr. Vivek Loiwal, director of company. He carried us to the country-wise breakup

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

ITA 13/IND/2019[2015-16]Status: DisposedITAT Indore24 Aug 2023AY 2015-16

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

548 on visits by Mr. Amitva Sarkar to Istanbul/turkey; and the rest of expenditure is incurred on passport/visa fee of some persons. He submitted that all visitors are employees of assessee and a small amount of Rs. 2,500/- is incurred for passport/visa fee of Mr. Vivek Loiwal, director of company. He carried us to the country-wise breakup

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

ITA 22/IND/2019[2012-13]Status: DisposedITAT Indore24 Aug 2023AY 2012-13

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

548 on visits by Mr. Amitva Sarkar to Istanbul/turkey; and the rest of expenditure is incurred on passport/visa fee of some persons. He submitted that all visitors are employees of assessee and a small amount of Rs. 2,500/- is incurred for passport/visa fee of Mr. Vivek Loiwal, director of company. He carried us to the country-wise breakup

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

ITA 23/IND/2019[2014-15]Status: DisposedITAT Indore24 Aug 2023AY 2014-15

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

548 on visits by Mr. Amitva Sarkar to Istanbul/turkey; and the rest of expenditure is incurred on passport/visa fee of some persons. He submitted that all visitors are employees of assessee and a small amount of Rs. 2,500/- is incurred for passport/visa fee of Mr. Vivek Loiwal, director of company. He carried us to the country-wise breakup

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

gains of the business. For these reasons, we are of the view that no substantial question of law arises. We, therefore, decline to admit question Nos. 2 and 3." 41. From perusal of all the judgments it has been consistently held rather a settled law that the action of revenue authorities cannot be held justified if they substitute another method