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15 results for “capital gains”+ Section 50C(2)(a)clear

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Key Topics

Section 26341Section 143(3)18Section 50C14Section 14710Revision u/s 2639Section 148(1)7Capital Gains6Section 485Section 2505

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 as the income of the previous year in which the period of two years from the date of the transfer of the original asset expires; and (ii) the assessee shall be entitled to withdraw such amount in accordance with the scheme aforesaid. 4.2 We may begin by delineating the case of either side before us. The Revenue

Section 271(1)(c)5
Addition to Income4
Reopening of Assessment3

SHRI NARESH KUMAR GOLCHHA,KATNI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, JABALPUR

In the result, the appeal is allowed

ITA 90/JAB/2018[2013-14]Status: DisposedITAT Jabalpur03 Apr 2019AY 2013-14

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2013-14 Shri Naresh Kumar Golchha V. Pr. C.I.T.-2 C/O Samapat Lal & Sons Jabalpur Raghunath Ganj Katni Tan/Pan:Afhpg3398F (Appellant) (Respondent) Appellant By: Dr. H. S. Modh, Advocate Respondent By: Shri P. D. Chougale, D.R. Date Of Hearing: 02 04 2019 Date Of Pronouncement: 03 04 2019

For Appellant: Dr. H. S. Modh, AdvocateFor Respondent: Shri P. D. Chougale, D.R
Section 143(3)Section 263Section 263(1)Section 48Section 50CSection 54E

capital gain as per provisions of Section 48 read with section 50C of the Income tax Act and therefore the above order is erroneous, in so far as it is prejudicial to the interests of revenue in terms of sub Section .(1) of Section 263 of the Income tax Act, 1961. 2

NARESH KUMAR GOLCHHA OFFICER ,KATNI vs. INCOME TAX WARD.1 , KATNI

ITA 41/JAB/2023[2013-14]Status: DisposedITAT Jabalpur22 Sept 2023AY 2013-14

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadaleshri Naresh Kumar Golchha, Vs Ito, C/O-Samapat Lal & Sons, Ward-1, Raghunath Ganj, Katnia, Katni (M.P) Madhya Pradesh-483501. (Appellant) (Respondent) Pan No.Afhpg3398F Assessee By Shri H.S.Modh, Adv. Revenue By Shri Shiv Kumar, Sr.Dr Date Of Hearing 18/09/2023 Date Of Pronouncement 22/09/2023

Section 143(3)Section 250Section 263Section 263(1)Section 54F

capital gain as per provisions of Section 48 read with section 50C of the Income tax Act and therefore the above order is erroneous, In so far as it is prejudicial to the interest of revenue in terms of sub Section (1) of Section 263 of the Income tax Act. 1961. 2

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)

50C, adopted for the purposes of s.48 in computing capital gains. 3.7 Shri Modh would during hearing raise an objection, stating that inasmuch as a reference to Valuation Officer (VO) had been sought during assessment proceedings, and indeed made by the AO, it is the agreed sale consideration, and not the guideline value for f.y. 2005-06, that would apply

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)

50C, adopted for the purposes of s.48 in computing capital gains. 3.7 Shri Modh would during hearing raise an objection, stating that inasmuch as a reference to Valuation Officer (VO) had been sought during assessment proceedings, and indeed made by the AO, it is the agreed sale consideration, and not the guideline value for f.y. 2005-06, that would apply

RITA MANCHHANI ,JABALPUR vs. PR. CIT-1 JABALPUR, JABALPUR

In the result, the assessee‘s appeal is dismissed on the afore-said terms

ITA 19/JAB/2021[2015-16]Status: DisposedITAT Jabalpur29 Nov 2022AY 2015-16

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

For Appellant: Shri Rahul Bardia, FCAFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 143(3)Section 263Section 56(2)(vii)

2(47) of the Income Tax Act read with section 53A of the Transfer of Property Act, the ownership of the plot was transferred from the appellant during the previous year relevant to the Asst. Year 1996-97. The provision of section 50C of the Income Tax Act comes in the statute w.e.f. 01/01/2003 i.e. from the Asst. Year

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

SMT. RASHMI PAHARIYA,JABALPUR vs. PR.COMMISSIONER OF INCOME TAX-1, JABALPUR

In the result, the assessee‟s appeal is dismissed

ITA 28/JAB/2019[2009-10]Status: DisposedITAT Jabalpur22 Jun 2022AY 2009-10

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

For Appellant: Shri L.L. Sharma, Sr. AdvocateFor Respondent: Shri Shrawan Kumar Gotru, CIT-DR
Section 143(3)Section 147Section 148Section 263Section 50C

2 to sub-section (1) of s. 263, set aside the impugned assessment, observing as under:- “7. It is clear that the Assessing Officer has not verified or examined the applicability of provisions of section 50C of the Act in this case, particularly so, when the case was reopened for the reason that capital gain

MAHESHWARI MUKUND DAS,JABALPUR vs. INCOME TAX OFFICER WARD 2(2), JABALPUR

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 27/JAB/2023[2014-15]Status: DisposedITAT Jabalpur19 Oct 2023AY 2014-15

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadalemaheshwarimukunddas, Vs. Ito, Ward -2 1288, D B Vallbh Das Jabalpur Palace, Hanumantal, 2Nd Floor, Anxe Bldg, Jabalpur-482002, Aayakar Bhavan, Madhya Pradesh. Napier Town, Jabalpur-482001. Madhya Pradesh.

For Appellant: Shri.SapanUsrethe.Adv.ARFor Respondent: Shri.Shiv Kumar. Sr.DR
Section 143(3)Section 50CSection 54F

section 50C of the Act and computed the Long term capital gains of Rs.1,24,02,920/- and passed the order u/s 143(3) of the Act dated 30.12.2016. 3. Aggrieved by the order, the assessee has filed an appeal before the CIT(A), whereas the CIT(A) considered the grounds of appeal, submissions of the assessee and findings

RAJENDRA SAHU,KATNI vs. INCOME TAX OFFICER-1, , KATNI

ITA 163/JAB/2023[2014-15]Status: DisposedITAT Jabalpur12 Dec 2025AY 2014-15

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Rahul Bardia, C.AFor Respondent: Sh. N.M. Prasad, Sr. DR 1
Section 131Section 147Section 148Section 69

2 A.Y. 2014-15 Rajendra Sahu aware of the seller nor other details of the transaction. He admitted that he had not paid any sum for the land transaction that was carried out. He also refused to acknowledge the signature done in his name on the registry document and submitted that his IDBI bank A/c No. 2251040000017736 used

SMT. VANDANA SARAOGI,KATNI vs. PCIT(CENTRAL) BHOPAL AT JABA, JABALPUR

In the result, the appeal of the assessee is allowed

ITA 86/JAB/2024[2016-17]Status: DisposedITAT Jabalpur12 Dec 2025AY 2016-17

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y.2016-17 Smt Vandana Saraogi Vs. Principal Commissioner Prop. Mahalaxmi Industries, Ghantaghar, Of Income Tax (Central) Hanumanganj Ward, Katni-483222. Bhopal At Jabalpur Director General Of Income Tax, Aayakar Bhawan, 48, Arera Hills, Bhopal-462011. Pan: Asips2301L (Appellant) (Respondent) Assessee By: Sh. Dhiraj Ghai, C.A. Revenue By: Sh. Shravan Kumar Meena, Cit- Dr Date Of Hearing: 18.09.2025 Date Of Pronouncement: 12.12.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Pcit(Central), Bhopal At Jabalpur U/S 263 Of The Income Tax Act, 1961 (“Act”, For Short) Setting Aside The Assessment Order Passed By The Assessing Officer (Ao) U/S 153A Read With Section 143(3) Of The Act Dated 22.04.2021. The Grounds Of Appeal Are As Under:-

For Appellant: Sh. Dhiraj Ghai, C.AFor Respondent: Sh. Shravan Kumar Meena, CIT- DR
Section 143(3)Section 153ASection 263Section 263(1)

capital gain against sale of two properties but shown in the incorrect consideration against the sale of property named as, “House 184.80 Sq. mtrs”. However, as per insight/TDS details the correct sale consideration of the property named as, “House 184.80 Sq. mtrs” was Rs.63,21,000/-. Hence, there was a difference of Rs.20,51,589/- and since the order

SANDHYA PANDIT,BALAGHAT vs. INCOME TAX OFFICER, BALAGHAT

In the result, the appeal of the assessee is dismissed

ITA 21/JAB/2024[2014-15]Status: DisposedITAT Jabalpur21 Aug 2025AY 2014-15

Bench: Shri Anadee Nath Misshrasandhya Pandit V. Income Tax Officer Near Lilhare Clinic, Baihar Railway Station Rd, Itwari Road Balaghat, Balaghat H.O. Ganj, Chitragupt Nagar, Balaghat, Balaghat-481001. Balaghat, Madhya Pradesh-481001. Tan/Pan:Alnpp9235G (Appellant) (Respondent) Appellant By: Shri Vijay Bagrecha, C.A. Respondent By: Shri Alok Bhura, Sr. Cit(Dr) O R D E R (1). The Present Appeal Has Been Filed By The Assessee Against The Impugned Order Dated 23.12.2023 Order Passed By The Ld. Commissioner Of Income Tax (Hereinafter Referred As To “Acit”)/National Faceless Appeal Centre (Nfac), Delhi, Pertaining To The Assessment Year 2014-15. The Grounds Of Appeal Of The Assessee Are As Under: -

For Appellant: Shri Vijay Bagrecha, C.AFor Respondent: Shri Alok Bhura, Sr. CIT(DR)
Section 143(3)Section 156Section 250Section 50C

2 of 4 while making addition of Long Term Capital Gain to the income of the appellant, @s under any circumstances the income of his Mother Late Smt. Meera Mishra shall not be added in the hands of the appellant and the order is to be declared as NULL and VOID. 5. In the facts and circumstances of the case

KADEER KHAN,JABALPUR vs. PR. COMMISSIONER OF INCOME TAX-1, JABALPUR, JABALPUR

ITA 28/JAB/2022[2012-13]Status: DisposedITAT Jabalpur08 Jun 2022AY 2012-13

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

For Respondent: Shri Ravi Mehrotra, Sr. DR
Section 147Section 148(1)Section 148(2)Section 263

section 147 r/w s. 143(3), dated 1 | P a g e ITA Nos. 28 & 29/JAB/2022 (AY: 2012-13) Kadeer Khan & Anr. v. Pr. CIT 22/08/2019, for Assessment Year (AY) 2012-13, by the Principal Commissioner of Income Tax-1, Jabalpur („Pr.CIT‟) vide his separate orders of even date, i.e., 25/01/2022. 2. The brief facts of the case are that

SHABANA KHAN,JABALPUR vs. PR-1, JABALPUR. COMMISSIONER OF INCOME TAX, JABALPUR

ITA 29/JAB/2022[2012-13]Status: DisposedITAT Jabalpur08 Jun 2022AY 2012-13

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

For Respondent: Shri Ravi Mehrotra, Sr. DR
Section 147Section 148(1)Section 148(2)Section 263

section 147 r/w s. 143(3), dated 1 | P a g e ITA Nos. 28 & 29/JAB/2022 (AY: 2012-13) Kadeer Khan & Anr. v. Pr. CIT 22/08/2019, for Assessment Year (AY) 2012-13, by the Principal Commissioner of Income Tax-1, Jabalpur („Pr.CIT‟) vide his separate orders of even date, i.e., 25/01/2022. 2. The brief facts of the case are that

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

section 143(3) of Income Tax Act, 1961 (“Act”, for short) whereby the assessee’s total income was determined at Rs.1,12,22,600/- as against the returned income of Nil. In the aforesaid assessment order an addition of Rs.26,49,500/- was made by the Assessing Officer on account of income from capital gain u/s 50C