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85 results for “capital gains”+ Transfer Pricingclear

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Key Topics

Section 143(3)90Section 10(38)54Section 12A54Addition to Income47Exemption37Section 26335Section 6832Section 143(2)23Section 14722Section 50C

SADHU RAM BALANI,INDORE vs. ITO-5(1), INDORE, INDORE

ITA 470/IND/2023[2014-15]Status: HeardITAT Indore24 Sept 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisadhu Ram Balani Ito-5(1) Flat No.B-503, Moti Mahal Indore Apartment 28-A, Sector-C Vs. Scheme No.71, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Abspb5367L Assessee By Shri S.N. Agrawal, Ar Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 04.09.2024 Date Of Pronouncement 24.09.2024

Section 10(38)Section 132Section 133A

prices at stock exchange of various penny stocks. The AO then examined the assessee by recording his statement on 14.12.2016 and then held that the long term capital gain claimed by the assessee is nothing but unaccounted income of the assessee is introduced to avoid the tax liability. Aggrieved by the said order of the AO the assessee filed

MOHANLAL KHANDELWAL,INDORE vs. THE ITO-4(1), INDORE

In the result, all the captioned appeals filed by different

Showing 1–20 of 85 · Page 1 of 5

21
Long Term Capital Gains18
Disallowance16
ITA 8/IND/2019[2014-15]Status: Disposed
ITAT Indore
25 Jun 2021
AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

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

prices with the appellant. Hence, no adverse inference could be drawn against the appellant in this regard. 6. The long term capital gain on sale of shares is in compliance with law in all respect and is also eligible for exemption u/s 10(38), the assessee has genuinely derived long term capital gain from sale of equity shares through recognized

RADHESHYAM KHANDELWAL,INDORE vs. ACIT4(1), INDORE

In the result, all the captioned appeals filed by different

ITA 7/IND/2019[2014-15]Status: DisposedITAT Indore25 Jun 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

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

prices with the appellant. Hence, no adverse inference could be drawn against the appellant in this regard. 6. The long term capital gain on sale of shares is in compliance with law in all respect and is also eligible for exemption u/s 10(38), the assessee has genuinely derived long term capital gain from sale of equity shares through recognized

SMT. SANDHYA KHANDELWAL,INDORE vs. ITO 4(3), INDORE

In the result, all the captioned appeals filed by different

ITA 113/IND/2019[2014-15]Status: DisposedITAT Indore25 Jun 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

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

prices with the appellant. Hence, no adverse inference could be drawn against the appellant in this regard. 6. The long term capital gain on sale of shares is in compliance with law in all respect and is also eligible for exemption u/s 10(38), the assessee has genuinely derived long term capital gain from sale of equity shares through recognized

SHRI SURESH KHANDELWAL,INDORE vs. THE ITO-4(1), INDORE

In the result, all the captioned appeals filed by different

ITA 29/IND/2019[2014-15]Status: DisposedITAT Indore25 Jun 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

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

prices with the appellant. Hence, no adverse inference could be drawn against the appellant in this regard. 6. The long term capital gain on sale of shares is in compliance with law in all respect and is also eligible for exemption u/s 10(38), the assessee has genuinely derived long term capital gain from sale of equity shares through recognized

SMT. RUKMANI KHANDELWAL,INDORE vs. ITO-4(3), INDORE

In the result, all the captioned appeals filed by different

ITA 30/IND/2019[2014-15]Status: DisposedITAT Indore25 Jun 2021AY 2014-15

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

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

prices with the appellant. Hence, no adverse inference could be drawn against the appellant in this regard. 6. The long term capital gain on sale of shares is in compliance with law in all respect and is also eligible for exemption u/s 10(38), the assessee has genuinely derived long term capital gain from sale of equity shares through recognized

JAI PRAKASH NARAYAN SHARMA,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX-2(1), INDORE

Appeal is allowed for statistical purpose

ITA 807/IND/2024[2016-17]Status: DisposedITAT Indore15 Jul 2025AY 2016-17
Section 143(3)Section 50CSection 54

price of new property Rs.99,48,000 + subsequent\nexpenses of additional work Rs.26,54,377) but the AO allowed exemption\nonly of purchase cost of Rs.99,48,000/- and disallowed exemption qua the\ncost of additional work.\n4.\nAggrieved, the assessee carried matter in first-appeal whereupon the\nCIT(A) granted part relief by passing following order:\n“In considered

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

transferred the loan amount to the assessee firm. (iv) copy of income tax return, PAN and balance sheet of the three companies for the year under appeal. (v) copy of assessment orders (vi) copy of bank statement of the assessee firm wherein credit of unsecured loans is accepted and appearing. (vii) copy of loan account of the loan creditors

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

ITA 216/IND/2019[2015-16]Status: DisposedITAT Indore21 Jun 2023AY 2015-16

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

Section 10(38)Section 68

capital gain arising from purchase and sale of shares of certain penny stock companies. Though the term “penny stock” has not been defined either in the SEBI Act or any other statute however, as it is apparent from the term penny, where the price of shares is not more than a penny is called penny stock and in the Indian

ANKUR AGRAWAL,INDORE vs. ITO-5(1), INDORE

In the result, all three appeals of two assessee are allowed

ITA 217/IND/2019[2015-16]Status: DisposedITAT Indore21 Jun 2023AY 2015-16

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

Section 10(38)Section 68

capital gain arising from purchase and sale of shares of certain penny stock companies. Though the term “penny stock” has not been defined either in the SEBI Act or any other statute however, as it is apparent from the term penny, where the price of shares is not more than a penny is called penny stock and in the Indian

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

ITA 215/IND/2019[2014-15]Status: DisposedITAT Indore21 Jun 2023AY 2014-15

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

Section 10(38)Section 68

capital gain arising from purchase and sale of shares of certain penny stock companies. Though the term “penny stock” has not been defined either in the SEBI Act or any other statute however, as it is apparent from the term penny, where the price of shares is not more than a penny is called penny stock and in the Indian

DILIP CHANDRASENRO MAHADIK,INDORE vs. THE PR CIT -2 INDORE, INDORE

Appeal is dismissed

ITA 286/IND/2020[2015-16]Status: DisposedITAT Indore17 Aug 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Shri Dilip Chandrasenrao Pr.Cit-2, Mahadik, Indore. बनाम/ 479, Kalani Nagar, Vs. Indore (Assessee / Appellant) (Revenue / Respondent) Pan: Abwpm3141M Assessee By S/Shri Rajnish Vohra, Chetan Khandelwal & Nitesh Dawira, Ld. Ars Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 24.05.2023 Date Of Pronouncement 17.08.2023

Section 143(3)Section 263Section 50CSection 54

transfer expenses for sale of Rs. 8,78,515/- in his return of income. Perusal of the case record reveals that during the period relevant to the assessment year 2015-16, the assessee has sold two properties. In the return of income the assessee disclosed sale consideration amount of Rs. 65,30,000/- and Long Term Capital Gain worked

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

Transfer 05/02/09) Rs.1321000/-\nSale Value U/s 50C\nRs.1321000/-\nFull Value of consideration\nRs.1321000/-\nSale Expenses\nRs.25000/-\nNet Sale Consideration\nRs.1296000/-\nAcquisition Cost (2004-05) after indexation - Rs.166583 * 582/480 =\nRs.201982/-\nBalance\nRs.1094018/-\nExemption u/s 54 =\nRs.10,50,000/-\nNet LTCG =\nRs.44018/-\nTotal LTCG other than Securities(General)\nIncome from Capital Gain Rs.44018/-\n2.4 However, having gone through the sale deed

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

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

ITA 239/IND/2017[2013-14]Status: DisposedITAT Indore23 Aug 2021AY 2013-14

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

capital gain from sale of units in ‘The View’ project and business income from sale of units in ‘Almas 12 Mohanlal Chugh & others Elements’ project in his original returns of income furnished u/s 139 of the Act. We further find that during the course of the assessment proceedings, the assessee had duly furnished all the necessary details, documents, bills, vouchers

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)

capital gain from sale of units in ‘The View’ project and business income from sale of units in ‘Almas 12 Mohanlal Chugh & others Elements’ project in his original returns of income furnished u/s 139 of the Act. We further find that during the course of the assessment proceedings, the assessee had duly furnished all the necessary details, documents, bills, vouchers

THE ACIT, CENTRAL-2, INDORE vs. M/S. CHUGH REALTY, INDORE

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

ITA 238/IND/2017[2013-14]Status: DisposedITAT Indore23 Aug 2021AY 2013-14

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

capital gain from sale of units in ‘The View’ project and business income from sale of units in ‘Almas 12 Mohanlal Chugh & others Elements’ project in his original returns of income furnished u/s 139 of the Act. We further find that during the course of the assessment proceedings, the assessee had duly furnished all the necessary details, documents, bills, vouchers

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

transferred in the name of assessee on 09.10.2012 itself which is evident from back of share-certificate. He submitted that there is no prohibition or restriction in law over off-market purchase of shares. He submitted that the shares were subsequently got converted into De-mat Form and credited to De-mat A/c held with Philip Capital (India) Private Limited

HASSANAND KHEMLANI,INDORE vs. THE PCIT-1 ,INDORE, INDORE

ITA 110/IND/2021[2016-17]Status: DisposedITAT Indore14 Mar 2023AY 2016-17

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: & Shri Santosh Deshmukh, A.RFor Respondent: Shri P. K. Mishra, CIT.D.R
Section 142(1)Section 143(2)Section 143(3)Section 263Section 54Section 56(2)(vii)

gain, copy of purchase and sale deed of property, expenses relating to transfer of property. The entire details including the bank statement as submitted by the assessee before the ITO is appearing from Page Nos. 63 to 82 of the Paper Book filed before us. In fact, Page 63 is the acknowledgement of reply in respect of the notice issued

KALPANA JAIN,INDORE vs. THE PR CIT-1, INDORE

ITA 138/IND/2021[2016-17]Status: DisposedITAT Indore14 Mar 2023AY 2016-17

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: & Shri Santosh Deshmukh, A.RFor Respondent: Shri P. K. Mishra, CIT.D.R
Section 142(1)Section 143(2)Section 143(3)Section 263Section 54Section 56(2)(vii)

gain, copy of purchase and sale deed of property, expenses relating to transfer of property. The entire details including the bank statement as submitted by the assessee before the ITO is appearing from Page Nos. 63 to 82 of the Paper Book filed before us. In fact, Page 63 is the acknowledgement of reply in respect of the notice issued

MAHENDRA SINGH CHAWLA,INDORE vs. DCIT CIRCLE-1(1), INDORE

In the result, the appeal of the assessee is dismissed

ITA 245/IND/2024[2017-18]Status: HeardITAT Indore04 Sept 2024AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimahendra Singh Chawla Dcit Circle -1(1) 4/35 Gram Pigdamber A.B. Indore Road Near Rao Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aazpc0120C Assessee By None Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 02.09.2024 Date Of Pronouncement 04 .09.2024

Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 54

price and has taken possession of the property even though the transfer deed or conveyance has not been registered. In such cases the transferor is debarred from agitating his title to the property against the purchaser Let us analyze provisions of section 53A of the Transfer of Property Act, 1882. Page 8 of 21 ITANo.245/Ind/2024 Mahendra Singh Chawla 53A. Part