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84 results for “capital gains”+ Section 70(3)clear

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Key Topics

Section 143(3)85Addition to Income57Section 26343Disallowance31Section 40A(3)28Section 143(2)27Section 6827Section 14726Section 14823

SHRI NILESH JAIN HUF,INDORE vs. ITO 4(2), INDORE

In the result Ground No.2 of the assessee’s

ITA 294/IND/2020[2014-15]Status: DisposedITAT Indore30 Apr 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(3)Section 68

section was properly and rightly claimed, which is prayed to be now allowed. 30. Your Honor’s attention is drawn to the order dt.14-12-09 of the Jurisdictional Tribunal in the case of Arzoo Anand vs JCIT in appeal no. ITA No.113 of 2009 for the AY 05-06, which decision subsequently has also been approved by the Honourable Jurisdictional High

PRITESH JAIN HUF,INDORE vs. ITO 4 (2), INDORE

In the result Ground No.2 of the assessee’s

ITA 293/IND/2020[2014-15]Status: DisposedITAT Indore

Showing 1–20 of 84 · Page 1 of 5

Section 69B21
Deduction13
Exemption13
30 Apr 2021
AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(3)Section 68

section was properly and rightly claimed, which is prayed to be now allowed. 30. Your Honor’s attention is drawn to the order dt.14-12-09 of the Jurisdictional Tribunal in the case of Arzoo Anand vs JCIT in appeal no. ITA No.113 of 2009 for the AY 05-06, which decision subsequently has also been approved by the Honourable Jurisdictional High

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

section 12AA(3) & 12AA(4) of the Act only on the basis of invoking provisions of section 13(1)(c)(ii) of the Act for cancelling the registration u/s 12AA of the Act which in our view was not correct since only the amount of benefit of exemption can be a subject matter but continuing of registration u/s 12AA

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

section 12AA(3) & 12AA(4) of the Act only on the basis of invoking provisions of section 13(1)(c)(ii) of the Act for cancelling the registration u/s 12AA of the Act which in our view was not correct since only the amount of benefit of exemption can be a subject matter but continuing of registration u/s 12AA

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

section 40A(3) of the I. T. Act.” 2. Heard the learned Representatives of both sides at length and case- records perused. 3. Brief facts leading to present appeal are such that the assessee- individual submitted his return of income declaring a total income of Rs. 17,29,650/- which was subjected to scrutiny assessment u/s 143(2). Finally

SMT. MANISHA AGRAWAL,INDORE vs. THE ITO-4 (3), INDORE

In the result appeal of the assessee in ITA No

ITA 410/IND/2019[2014-15]Status: DisposedITAT Indore25 May 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 234ASection 234BSection 68

70,496/- to the total income of the appellant on account of long term capital gain as earned on sale of long term capital gain as earned on sale of shares by treating it as income from undisclosed sources without properly appreciating the facts of the case and submissions made before him more so when the appellant had filed ample

SHRI HAKIMUDDIN KHAMBATI,INDORE vs. ITO-4(4) RANGE-4, INDORE

In the result appeal of the assessee in ITA No

ITA 288/IND/2019[2014-15]Status: DisposedITAT Indore25 May 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 234ASection 234BSection 68

70,496/- to the total income of the appellant on account of long term capital gain as earned on sale of long term capital gain as earned on sale of shares by treating it as income from undisclosed sources without properly appreciating the facts of the case and submissions made before him more so when the appellant had filed ample

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 244/IND/2017[2012-13]Status: DisposedITAT Indore25 Jan 2023AY 2012-13

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

capital gain under section 10(38) of the Act can be made in the absence of any incriminating material found during the course of search. These submissions and case laws referred to by the assessee are reproduced by the ld.CIT(A) in his impugned order. The ld.CIT(A) after considering detailed submissions of the assessee and case laws cited

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 309/IND/2017[2013-14]Status: DisposedITAT Indore25 Jan 2023AY 2013-14

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

capital gain under section 10(38) of the Act can be made in the absence of any incriminating material found during the course of search. These submissions and case laws referred to by the assessee are reproduced by the ld.CIT(A) in his impugned order. The ld.CIT(A) after considering detailed submissions of the assessee and case laws cited

JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 441/IND/2018[2014-15]Status: DisposedITAT Indore25 Jan 2023AY 2014-15

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

capital gain under section 10(38) of the Act can be made in the absence of any incriminating material found during the course of search. These submissions and case laws referred to by the assessee are reproduced by the ld.CIT(A) in his impugned order. The ld.CIT(A) after considering detailed submissions of the assessee and case laws cited

HARPREET KAUR,BHOPAL vs. INCOME-TAX OFFICER, 5(2), BHOPAL, BHOPAL

Appeal is allowed in terms mentioned above

ITA 730/IND/2024[2009-10]Status: DisposedITAT Indore22 Aug 2025AY 2009-10
Section 131Section 133(6)Section 142(1)Section 143(2)Section 147Section 148Section 54Section 69A

70,000/-, which is beyond the\nbelieve that a person having withdrawal almost 10 to 12 months\nprior to the purchase was searching the right property with the bare\ncash kept in his pocket. However, from the available facts, it is\nevident that the purchaser has not sufficient fund to buy the\nproperty at much higher rate.\n2.7 With view

KUSUM YADAV,INDORE vs. ITO 1(2), INDORE

In the result, the appeal of the assessee bearing ITA No

ITA 518/IND/2023[2014-15]Status: DisposedITAT Indore24 Apr 2025AY 2014-15
Section 131Section 143(3)Section 2(14)(iii)Section 250Section 263Section 54BSection 68

capital gains sustained by the first\nappellate authority on incorrect assumption of facts may please be deleted.\n11.\nRegarding ground numbers 4 and 5, which relates to the addition of Rs.20\nlakhs u/s 68 of the Act 61, the Ld. AR submitted that the cash deposit of\nRs.21,70,000/- made by the assessee in her bank account

SUBHASH CHANDRA AGRAWAL,VIDISHA vs. ITO, VIDISHA, VIDISHA

Appeal is allowed

ITA 354/IND/2025[2019-20]Status: DisposedITAT Indore27 Feb 2026AY 2019-20

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2019-20 Subhash Chandra Ito, Agrawal, Vidisha बनाम/ Galla Mandi, Vs. Vidisha (Assessee/Appellant) (Revenue/Respondent) Pan: Afrpa8769A Assessee By Shri Ashish Goyal & Shri Jaideep Jain, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.02.2026 Date Of Pronouncement 27/02/2026

Section 143(1)Section 143(1)(a)Section 143(3)Section 50C

70,93,460/- inclusive of taxable capital gain of Rs. 61,65,291/-. In effect, the AO made an addition/upward adjustment of Rs. 33,80,000/- in taxable capital gain/total income. Aggrieved, the assessee carried matter in first-appeal but did not get success. Now, the assessee has come in next appeal before us. 3. The facts apropos

SMT. SARLA JAIN,KHANDWA vs. ITO WARD 1 KHANDWA, KHANDWA

ITA 287/IND/2019[2015-16]Status: DisposedITAT Indore24 Aug 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Smt. Sarla Jain, Ito, C/O Nakoda Marketing, Ward-1, बनाम/ Bhavani Mata Road, Khandwa Khandwa Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Abvpj1316J Assessee By Shri Pawan Ved, Advocate Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.05.2023 Date Of Pronouncement 24.08.2023

Section 10(38)Section 143(3)Section 153CSection 68

70: If the assessment order has been framed in the case of a taxpayer u/s 143(3)/144 of the Act based on the search executed in some other taxpayer’s case, whether it is to be considered as a search case or non-search case under Vivad se Vishwas? Answer : Such case is to be considered as a search

BIHARILAL,HOSHANGABAD vs. COMISSIONER OF INCOME TAX (APPEALS), NFAC-DELHI

Appeal is allowed for statistical purpose

ITA 278/IND/2025[2018-19]Status: DisposedITAT Indore19 Feb 2026AY 2018-19

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2018-19 Assessment Unit Of Income- Biharilal, Tax Department S/O Gaurishankar, 508, Ward No. 15, बनाम/ Shobhapur, Vs. Hoshangabad (Assessee/Appellant) (Revenue/Respondent) Pan: Eonpb2765E Assessee By Ms. Saniya Farhaz Memon, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 29.01.2026 Date Of Pronouncement 19.02.2026

Section 142(1)Section 144Section 147Section 148Section 148ASection 50C(2)

Section 50C(2), which was duly requested by the Appellant verbally during the course of assessment. Ground6. The learned A.O. has erred in treating Cost of Acquisition of land to be Rs. NIL ignoring the Fair Market Value as on 01.04.2001 for the purpose of computation of long-term Capital gains. Ground7. The learned A.O. has erred in treating Cost

GOVARDHAN TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

ITA 245/IND/2019[2014-15]Status: DisposedITAT Indore27 Jul 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(1)Section 143(2)Section 143(3)

capital Shri Vrindavan Tayal ITA No.242/Ind/2019 & 245-247/Ind/2019 gain as claimed exempt under Section 10(38) of the Act:- S. No. Particulars Page No. 1. Copy of purchase note dt. 23.03.2012 issued by Vishal Vijay 68 Shah regarding purchase of 200 shares of M/s. Lifeline Drugs & Pharma Limited for Rs. 9,048/- 2. Copy of ledger account

SHRI GAURAV TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

ITA 247/IND/2019[2014-15]Status: DisposedITAT Indore27 Jul 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(1)Section 143(2)Section 143(3)

capital Shri Vrindavan Tayal ITA No.242/Ind/2019 & 245-247/Ind/2019 gain as claimed exempt under Section 10(38) of the Act:- S. No. Particulars Page No. 1. Copy of purchase note dt. 23.03.2012 issued by Vishal Vijay 68 Shah regarding purchase of 200 shares of M/s. Lifeline Drugs & Pharma Limited for Rs. 9,048/- 2. Copy of ledger account

SHRI VRINDAVAN TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

ITA 242/IND/2019[2014-15]Status: DisposedITAT Indore27 Jul 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(1)Section 143(2)Section 143(3)

capital Shri Vrindavan Tayal ITA No.242/Ind/2019 & 245-247/Ind/2019 gain as claimed exempt under Section 10(38) of the Act:- S. No. Particulars Page No. 1. Copy of purchase note dt. 23.03.2012 issued by Vishal Vijay 68 Shah regarding purchase of 200 shares of M/s. Lifeline Drugs & Pharma Limited for Rs. 9,048/- 2. Copy of ledger account

SHRI GOPAL TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

ITA 246/IND/2019[2014-15]Status: DisposedITAT Indore27 Jul 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38)Section 143(1)Section 143(2)Section 143(3)

capital Shri Vrindavan Tayal ITA No.242/Ind/2019 & 245-247/Ind/2019 gain as claimed exempt under Section 10(38) of the Act:- S. No. Particulars Page No. 1. Copy of purchase note dt. 23.03.2012 issued by Vishal Vijay 68 Shah regarding purchase of 200 shares of M/s. Lifeline Drugs & Pharma Limited for Rs. 9,048/- 2. Copy of ledger account

THE ACIT, CENTRAL-2, INDORE vs. SHRI NITESH CHUGH, INDORE

In the result, the appeals of the Revenue for the A

ITA 122/IND/2017[2013-14]Status: DisposedITAT Indore23 Aug 2021AY 2013-14

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

3. Being aggrieved, the assessee filed appeals for all three assessment years before the Ld. CIT(A) and the Ld. CIT(A) deleted the additions made by the AO. 4. Felt aggrieved, the Revenue is in appeals before this Tribunal for all the three assessment years. As all three appeals relate to the same assessee and the issues raised