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4 results for “capital gains”+ Section 583(4)(a)clear

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Key Topics

Section 26323Section 143(3)3Revision u/s 2633Section 143(2)2Section 682Addition to Income2

SANTOSH AGRAWAL,BHOPAL vs. THE PR CIT -1, BHOPAL

In the result, appeal of assessee is dismissed

ITA 84/IND/2021[2010-11]Status: DisposedITAT Indore16 Aug 2023AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisantosh Agrawal Pr. Cit-1 Mig-11, Mla Quarters Bhopal Vs. Jawahar Chowk Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Ahkpa 1449E 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 142(1)Section 143(3)Section 147Section 263Section 48

583/-. Accordingly the Pr. CIT issued show cause notice u/s 263 on 13.01.2020. But there was no response on behalf of the the assessee to the show cause notice issued by the Pr. CIT. Consequently the Pr. CIT passed the impugned order and held the assessment order passed by the AO as erroneous so far as prejudicial to the interest

ITO3(1) , INDORE vs. M/S PARAMETRIC TRADING P LTD, MUMBAI

In the result, Revenue’s appeal is dismissed

ITA 543/IND/2018[11-12]Status: DisposedITAT Indore14 Feb 2023

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Respondent byFor Respondent: Shri Sumit Nema, Sr. Advocate
Section 143(2)Section 143(3)Section 68

capital gain in respect of the transaction of sale of shares as claimed by the assessee. The Ld. AO further made the addition of Rs.2,86,40,600/- in respect of share capital/share application, money treating the same as unexplained cash credit under Section 68 of the Act. So far as the first two additions are concerned these were deleted

M/S. SANEE INFRASTRUCTURE PVT. LTD.,BHOPAL vs. THE PR CIT , BHOPAL

In the result appeal of the assessee is partly allowed

ITA 742/IND/2018[15-16]Status: DisposedITAT Indore01 Jun 2020

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2015-16 M/S. Sanee Infrastructure Pr.Cit-2, Pvt. Ltd, Vs. Bhopal D-1, Machna Colony, 6 No Bus Stop, Bhopal (Appellant) (Revenue ) Pan No.Aagcs8307M Appellant By Shri Arun Jain, Ca Revenue By Shri S.B. Prasad, Cit Date Of Hearing 12.03.2020 Date Of Pronouncement 01.06.2020 O R D E R

Section 143(2)Section 143(3)Section 263Section 40A(2)(b)

gains strength and support by the ratio of the decisions in the case laws mentioned here below: 1.Ram Pyari Devi Saraogi vs CIT (1968) 67 ITR 84 (SC) the Hon'ble Supreme Court has held that assessment made in undue haste and without making inquiries which are called for the circumstances of the case is erroneous and prejudicial

ANDRITZ HYDRO P LTD,BHOPAL vs. PR CIT-1, BHOPAL

ITA 199/IND/2020[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing

Section 115JSection 253Section 263

583 of 2012) (page nos.107 to 126 of the paper book) following the judgment of Hon’ble Supreme Court in the case of CIT vs. Woodward Governor India Private Limited (312 ITR 254) (SC) (page nos.127 to 141 of the paper book). Jurisdictional ITAT Indore in the case of HEG Limited vs ACIT (supra) on similar facts held that provision