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16 results for “capital gains”+ Section 45(2)clear

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Key Topics

Section 143(3)14Section 271(1)(c)10Section 2639Section 1477Addition to Income7Capital Gains7Revision u/s 2637Section 234C6Section 37(1)

INCOME TAX OFFICER,WARD 1(1), JABALPUR vs. SHRI DEEPAK SINGH BANAFER, JABALPUR

In the result, the Revenue’s appeal is allowed on the aforesaid terms

ITA 92/JAB/2019[2014-15]Status: DisposedITAT Jabalpur11 Jan 2023AY 2014-15

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Sh. L.L. Sharma, AdvocateFor Respondent: Sh. Shiv Kumar, Sr. DR
Section 131Section 143(3)Section 147Section 148(1)Section 54B

section 45; and for the purpose of computing in respect of the new asset any capital gain arising from its transfer within a period of three years of its purchase, the cost shall be reduced, by the amount of the capital gain. (2

6
Section 148(1)5
Section 80G(5)(vi)4
Exemption4

SUPREME TRACTORS PRIVATE LIMITED,HARYANA BHAWAN vs. DCIT, KATNI

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

ITA 51/JAB/2025[2016-17]Status: DisposedITAT Jabalpur27 Feb 2026AY 2016-17

Bench: Shri Kul Bharat & Shri, Anadee Nath Misshraassessment Year: 2016-17 Supreme Tractors Pvt Ltd V. Dcit Katni, Madhya Pradesh 483501. Katni, Madhya Pradesh- 483501. Pan:Aajcs4013M (Appellant) (Respondent) Appellant By: Shri Sahil Gupta, Advocate Respondent By: Shri N. M. Prasad, Sr. Dr-1 Date Of Hearing: 12 02 2026 Date Of Pronouncement: 27 02 2026 O R D E R

For Appellant: Shri Sahil Gupta, AdvocateFor Respondent: Shri N. M. Prasad, Sr. DR-1
Section 115JSection 234C

capital gain on the said property: Sales Consideration: ₹80,45,000 Less: Page 3 of 7 Indexed Cost of Acquisition in 2006-07 ₹15,85,952 Indexed Cost of Improvement in 2010-11 ₹1,43,958 Indexed Cost of Improvement in 2011-12 23,53,899 Indexed Cost of Improvement in 2015-16 23,93,967 Total long-term gain

SHAKUNTALA SINGHVI,JABALPUR vs. PR. COMMISSIONER OF INCOME TAX-1,JABALPUR, JABALPUR

In the result, the assessee‟s appeal is allowed

ITA 31/JAB/2022[2013-14]Status: DisposedITAT Jabalpur28 Jun 2022AY 2013-14

Bench: Shri Sanjay Arora, Hon‟Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Shri Anil Gupta, FCAFor Respondent: Shri Shravan Kumar, CIT-DR
Section 143(3)Section 147Section 263Section 45Section 54E

section 45; (b) if the cost of the long-term specified asset is less than the capital gain arising from the transfer of the original asset, so much of the capital gain as bears to the whole of the capital gain the same proportion as the cost of acquisition of 2

SHRI VISHAL SETHI,RAIPUR vs. INCOME TAX OFFICER WARD-2(3), JABALPUR

In the result, assessee’s appeal is allowed on the aforesaid terms

ITA 57/JAB/2019[2014-15]Status: DisposedITAT Jabalpur07 Sept 2020AY 2014-15

Bench: Shri Nrs Ganesan & Shri Sanjay Aroraassessment Year: 2014-15

Section 143(2)Section 143(3)Section 263Section 45Section 48Section 50C

section 48, as is indeed the claim for sale commission disallowed in assessment. It was, therefore, perfectly within his competence to have required the AO to examine the pertinent issues coming to his notice qua the determination of capital gains chargeable u/s. 45 on the sale of the relevant property. 3.3 The ld. counsel for the assessee, Shri Doshi, would

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1), JABALPUR vs. MADHYA PRADESH POWER GENERATING CO. LTD., JABALPUR

In the result, the Revenue's appeal is dismissed as not maintainable

ITA 251/JAB/2018[2008-09]Status: DisposedITAT Jabalpur23 Feb 2022AY 2008-09

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Shri Rahul Bardia, CAFor Respondent: Shri S.K. Halder, DR
Section 115Section 143(3)Section 147Section 154Section 271(1)(c)

capital had been invested by the assessee in shares, stated to be purchased as a matter of business policy as an investment company, which had not yielded any dividend income for the relevant year. The claim, though confirmed for disallowance by the Tribunal, had been allowed by it for AY 2000-01, and admitted in appeal by the High Court

SHRI VINOD KUMAR CHATE,JABALPUR vs. COMMISSIONER OF INCOME TAX-2, JABALPUR

ITA 60/JAB/2017[2012-13]Status: DisposedITAT Jabalpur30 Mar 2022AY 2012-13
Section 1Section 139Section 143(3)Section 147Section 148(1)

2,50,047 (84,20,852 - 81,70,805). The difference (Rs.2.50 lacs), though nominal, which is only incidentally so, validates the invocation of s.263. The assessee’s consent is again only incidental as the cost adopted by him was neither enquired into in assessment nor, consequently, substantiated. The consent by the assessee was itself given in the s.263 proceeding

INCOME TAX OFFICER, WARD-2 (3), JABALPUR vs. SHRI VINOD KUMAR CHATE, JABALPUR

ITA 134/JAB/2018[2012-13]Status: DisposedITAT Jabalpur30 Mar 2022AY 2012-13
Section 1Section 139Section 143(3)Section 147Section 148(1)

2,50,047 (84,20,852 - 81,70,805). The difference (Rs.2.50 lacs), though nominal, which is only incidentally so, validates the invocation of s.263. The assessee’s consent is again only incidental as the cost adopted by him was neither enquired into in assessment nor, consequently, substantiated. The consent by the assessee was itself given in the s.263 proceeding

MANNULAL JAGANNATH DAS TRUST HOSPITAL,JABALPUR vs. COMMISSIONER OF INCOME TAX (E), BHOPAL

In the result, the appeal is allowed for statistical purposes

ITA 13/JAB/2019[2018-19]Status: DisposedITAT Jabalpur07 Sept 2020AY 2018-19

Bench: S/Shri Nrs Ganesan & Sanjay Arora

Section 10Section 10(1)Section 11Section 12ASection 80GSection 80G(5)Section 80G(5)(vi)

45). It sought approval there-under again vide application in the prescribed Form on 04.6.2018. It is the denial of this approval which has led to the instant appeal by it before the Tribunal. The reasons stated in the impugned order for refusing to grant approval u/s. 80G(5)(vi) are as under: (paras 6 & 7 of the impugned order

AMAR SINGH CHAUDHARY,JABALPUR vs. PRINCIPLE COMMISSIONER OF INCOME TAX -1, JABALPUR

In the result, the assessee’s appeal is dismissed

ITA 28/JAB/2017[2009-10]Status: DisposedITAT Jabalpur27 Oct 2020AY 2009-10

Bench: Shri Nrs Ganesan&Shri Sanjay Aroraassessment Year: 2009-10

Section 132(1)Section 142(1)Section 153A(1)Section 153CSection 263Section 48

section 153C r/w s. 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 27.03.2015 for Assessment Year (AY) 2009-10. 2. The brief background facts of the case are that during the course of a search u/s.132(1) of the Act on Mokha Group of cases on 14.12.2011, an agreement for sale of land dated

SUDEEP PANDYA L/H LLA JAYESH PANDEYA,CHHINDWARA vs. PR.COMMISSIONER OF INCOME TAX, JABALPUR

In the result, the appeal filed by the assessee is allowed

ITA 36/JAB/2022[2017-18]Status: DisposedITAT Jabalpur17 Oct 2023AY 2017-18

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadalesudeep Pandya L/H, Vs. Pr.Cit, Smt.Ila Jayesh Centralrevenuebuilding, Pandya, Napier Town, 14-15 Patni Jabalpur-482002, Complex, Madhya Pradesh. Parasiya Road, Chhindwara-480001 Madhya Pradesh. Pan/Gir No. : Ahkpp7408G Appellant .. Respondent Assessee By : Shri G.N Purohit.Sr.Adv & Smt.Uma Parashar. Adv.Ar Respondent By : Shri Saad Kidwai.Cit-Dr Date Of Hearing 21.09.2023 Date Of Pronouncement 12.10.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Principal Commissioner Of Income Tax (Pr.Cit) Jabalpur Passed U/Sec 263 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: Sudeep Pandya L/H Ila Jayesh Pandya Jabalpur. 1 The Learned Pcit Has Erred In Law & On Facts Of The Case In Passing An Order Under Section 263 Against A Dead Person, The Notice Of Hearing Where Issued In The Name Of Deceased & Were Not Served On The Legal Here The Order Passed Under Section 263 Is Illegal Without Jurisdiction & Void Ab-Intio Same Should Be Placed Into Toto.

For Appellant: Shri G.N Purohit.Sr.Adv &For Respondent: Shri Saad Kidwai.CIT-DR
Section 10Section 133ASection 143(3)Section 263Section 68

Gains. Accordingly, the questioned Capital Receipts or Other Income are to be examined thoroughly and may be taxed as per the prevailing provisions of the Act. 9. In the light of the aforesaid facts and circumstances of the case and legal findings, as the Assessing Officer has failed to make enquiries as well as apply his mind and proper application

INCOME TAX OFFICER, WARD-2, SATNA vs. SMT. SEEMA BHATTACHARYA, SATNA

ITA 225/JAB/2018[2009-10]Status: DisposedITAT Jabalpur08 Aug 2022AY 2009-10

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Shri Sapan Usrethe, AdvocateFor Respondent: Shri Rakesh Kumar Gupta, Sr. DR
Section 254(1)Section 54B

section 254(1) of the Income Tax Act, 1961 (‘the Act’) in the captioned appeals was passed on 05/08/2022. It is, however, found that there have occurred certain omissions in the said order, which are, therefore, hereby sought to be rectified through this corrigendum order. The same being only correction of those errors, do not therefore per se cause

INCOME TAX OFFICER, WARD-2, SATNA vs. SMT. JHARNA BHATTACHARYA, SATNA

ITA 226/JAB/2018[2009-10]Status: DisposedITAT Jabalpur08 Aug 2022AY 2009-10

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Shri Sapan Usrethe, AdvocateFor Respondent: Shri Rakesh Kumar Gupta, Sr. DR
Section 254(1)Section 54B

section 254(1) of the Income Tax Act, 1961 (‘the Act’) in the captioned appeals was passed on 05/08/2022. It is, however, found that there have occurred certain omissions in the said order, which are, therefore, hereby sought to be rectified through this corrigendum order. The same being only correction of those errors, do not therefore per se cause

SANJAY KUMAR AGRAWAL ,SATNA vs. ASST. COMMISSIONER OF INCOMETAX CIRCLE, SATNA

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

ITA 156/JAB/2024[2016-17]Status: DisposedITAT Jabalpur21 Aug 2025AY 2016-17

Bench: Shri Kul Bharat & Shri, Nikhil Choudharyassessment Year: 2016-17 Sanjay Kumar Agarwal V. Acit Circle Satna Blooms Campus, Nh-75, Panna Aayakar Bhawan, Civil Road, Satna (Mp)-485001. Lines, Satna, Mp-485001. Tan/Pan:Ackpa2596H (Appellant) (Respondent) Appellant By: Shri Sanjay Mishra, Adv Respondent By: Shri N. M. Prasad, Sr. Dr-1 Date Of Hearing: 19 08 2025 Date Of Pronouncement: 21 08 2025 O R D E R

For Appellant: Shri Sanjay Mishra, AdvFor Respondent: Shri N. M. Prasad, Sr. Dr-1
Section 10(38)Section 143(3)Section 144BSection 147Section 148Section 250Section 68

45,00,000/- from Ms. Shivani Agarwal by account payee cheque, depositors are identified and capable of lending said amount, transaction is genuine. Id. CIT (A) erred in not accepting the loans of Rs. 20,00,000/- and adding the same as unexplained credit u/s 68. 7 Since loans received Rs. 20,00,000/- are genuine and borrowed

CHHAYA MASURKAR,BALAGHAT vs. NFAC, ITO BALAGHAT, BALAGHAT

In the result, the appeal of the assessee is dismissed

ITA 61/JAB/2024[2013-14]Status: DisposedITAT Jabalpur26 Aug 2025AY 2013-14

Bench: Shri Anadee Nath Misshrachhaya Masurkar V. National Faceless Appeal 1, Ward No. 9, Ram Mandir Center (Nfac) Road, Katangi, Balaghat (Mp)- Delhi (Jurisdiction Officer, 481445. Income Tax Officer, Balaghat (Mp)-110001. Pan:Cakpm8662A (Appellant) (Respondent) Appellant By: Shri Vijay Bagrecha, Ca Respondent By: Shri Alok Bhura, Sr. Cit(Dr) O R D E R (A) The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac)- Delhi, Dated 23.02.2024 For The Assessment Year 2013-14. The Grounds Of Appeal Of The Assessee Are As Under: -

For Appellant: Shri Vijay Bagrecha, CAFor Respondent: Shri Alok Bhura, Sr. CIT(DR)
Section 143(3)Section 250Section 271(1)(c)Section 50CSection 69A

2 of 3 speaking defeating the purpose ’ of notice in relevance and therefore, the penalty. proceedings qua relevant addition is not sustainable in law as there was no valid initiation of penalty proceedings for relevant addition. 6. The Ld. CIT(A) has erred on the facts and circumstances of the case in confirming the imposition of penalty

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE KATNI, KATNI vs. J.P TOBACCO PRODUCTS PVT. LTD, DAMOH

In the result, both appeals of the Revenue are dismissed

ITA 94/JAB/2023[2017-18]Status: DisposedITAT Jabalpur22 Sept 2023AY 2017-18

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 143(3)Section 37(1)Section 40

45,94,570/- on 07.10.2017 respectively. The returns of income were selected for scrutiny and statutory notices were issued and complied with. The 2 | P a g e ITA No.93 & 94-Jab-2023 ACIT vs J.P.Tobacco Products Pvt.L td. assessment order was passed u/s 143(3) of the Income Tax Act, 1961 (in short

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-KATNI, KATNI vs. J.P. TOBACCO PRODUCTS PVT. LTD, DAMOH

In the result, both appeals of the Revenue are dismissed

ITA 93/JAB/2023[2016-17]Status: DisposedITAT Jabalpur22 Sept 2023AY 2016-17

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 143(3)Section 37(1)Section 40

45,94,570/- on 07.10.2017 respectively. The returns of income were selected for scrutiny and statutory notices were issued and complied with. The 2 | P a g e ITA No.93 & 94-Jab-2023 ACIT vs J.P.Tobacco Products Pvt.L td. assessment order was passed u/s 143(3) of the Income Tax Act, 1961 (in short