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329 results for “capital gains”+ Section 23(1)(c)clear

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Mumbai1,487Delhi1,077Chennai410Bangalore332Jaipur329Ahmedabad297Hyderabad223Kolkata187Chandigarh183Pune105Indore104Raipur99Cochin79Nagpur60Visakhapatnam51Surat47Rajkot43Lucknow43Amritsar38Panaji32Guwahati29Cuttack24Dehradun20Agra14Jodhpur14Patna13Jabalpur10Allahabad7Varanasi6

Key Topics

Section 143(3)81Addition to Income67Section 14851Section 26349Section 6835Section 271(1)(c)34Section 14432Section 14731Deduction25Section 142(1)

ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR vs. JITENDRA KUMAR AGARWAL, JAIPUR

In the result, the appeals filed by the Revenue are dismissed

ITA 197/JPR/2024[2015-16]Status: DisposedITAT Jaipur24 Sept 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Hemang Gargieya, Adv. &For Respondent: Shri Ajey Malik, CIT (through V.C.) a
Section 133ASection 271(1)(c)

23 taxmann.com 303 (Ahmedabad - Trib.) and in the case of Muninaga Reddy vs. ACIT [2013] 37 taxmann.com 440 (Bangalore - Trib.) wherein deleted the levy of penalty u/s. 271(1)(c) of the Act. 6.2. Similarly, the Hon'ble Delhi High Court in the case of CIT vs. SAS Pharmaceuticals [2011] 11 taxmann.com 207 (Delhi) wherein it was held where income

ASSISTANT COMMISSIONER OF INCOME TA , JAIPUR vs. SHRI NATH CORPORATION, JAIPUR

In the result, the appeals filed by the Revenue are dismissed

Showing 1–20 of 329 · Page 1 of 17

...
24
Disallowance16
Penalty12
ITA 267/JPR/2024[2015-16]Status: DisposedITAT Jaipur24 Sept 2025AY 2015-16
For Appellant: Shri Hemang Gargieya, Adv. &
Section 133ASection 271(1)(c)

23 taxmann.com 303 (Ahmedabad - Trib.) and in the case of Muninaga Reddy vs. ACIT [2013] 37 taxmann.com 440 (Bangalore - Trib.) wherein deleted the levy of penalty u/s.271(1)(c) of the Act.\n6. 2. Similarly, the Hon'ble Delhi High Court in the case of CIT vs. SAS Pharmaceuticals [2011] 11 taxmann.com 207 (Delhi) wherein it was held where income

RAKESH KUMAR JAIN,JAIPUR vs. DCIT,CIRCLE-2, JAIPUR, JAIPUR

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

ITA 212/JPR/2025[2014-15]Status: DisposedITAT Jaipur23 Jul 2025AY 2014-15

Bench: Or At The Time Of Hearing Of The Appeal & / Or Modify Any Of The Above Grounds.

For Appellant: Shri C.L. Yadav, CA and Shri Vikas Yadav AdvocateFor Respondent: Shri Gautam Singh Choudhary
Section 250(6)Section 271(1)(c)

23, 2000. The Hon'ble High Court observing - When the assessee has disclosed the transaction which is the basis for capital gains tax and though wrongly claimed exemption from the capital gains tax, but that cannot be a case of penalty under Section 271(1)(c

SUPERFINE HOTELS PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6,, JAIPUR

In the result, appeal of the assessee is partly allowed

ITA 1502/JPR/2024[2015-16]Status: DisposedITAT Jaipur22 Apr 2025AY 2015-16
For Appellant: Shri S.L. Poddar, Adv. &For Respondent: Shri P.P. Meena, CIT
Section 250Section 271(1)(c)Section 35A

23 VST 249\n(SC) applied; Reliance Petroproducts (P) Ltd. (judgment dt. 23rd\nOct., 2007 of the Gujarat High Court in Tax Appeal No. 1149 of\n2007) affirmed.\n(3) DEPUTY COMMISSIONER OF INCOME TAX vs. RENU\nAGARWAL\nIN THE ITAT JAIPURITA No. 764/JP/2015(2017) 185 TTJ 0036\n(Jp) ((UO))\nLevy of Penalty u/s.271(1)(c)—Deletion—AO levied

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

ITA 545/JPR/2024[2014-15]Status: DisposedITAT Jaipur22 Jul 2024AY 2014-15
For Appellant: Sh. Mahendra Gargieya, Adv. &For Respondent: Smt. Monisha Choudhary, Addl. CIT
Section 139(4)Section 147Section 148Section 271(1)(c)Section 274

capital\ngain and therefore, initiated inquiry by issuing summons u/s 131 and the\nassessee while preparing the details for onward submissions, realised that he\ncommitted an inadvertent mistake (while preparing the reply) and on the review\nof the return initially filed therefore, offered to pay the differential amount of the\ncapital gain which was offered vide letter dated 13.06.2014. Pursuant

AJOY SHARMA,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

ITA 547/JPR/2024[2016-17]Status: DisposedITAT Jaipur22 Jul 2024AY 2016-17
For Appellant: Sh. Mahendra Gargieya, Adv. &For Respondent: Smt. Monisha Choudhary, Addl. CIT
Section 139(4)Section 147Section 148Section 271(1)(c)Section 274

capital\ngain and therefore, initiated inquiry by issuing summons u/s 131 and the\nassessee while preparing the details for onward submissions, realised that he\ncommitted an inadvertent mistake (while preparing the reply) and on the review\nof the return initially filed therefore, offered to pay the differential amount of the\ncapital gain which was offered vide letter dated 13.06.2014. Pursuant

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

ITA 546/JPR/2024[2015-16]Status: DisposedITAT Jaipur22 Jul 2024AY 2015-16
For Appellant: Sh. Mahendra Gargieya, Adv. &For Respondent: Smt. Monisha Choudhary, Addl. CIT
Section 139(4)Section 147Section 148Section 271(1)(c)Section 274

capital\ngain and therefore, initiated inquiry by issuing summons u/s 131 and the\nassessee while preparing the details for onward submissions, realised that he\ncommitted an inadvertent mistake (while preparing the reply) and on the review\nof the return initially filed therefore, offered to pay the differential amount of the\ncapital gain which was offered vide letter dated 13.06.2014. Pursuant

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

ITA 543/JPR/2024[2012-13]Status: DisposedITAT Jaipur22 Jul 2024AY 2012-13
For Appellant: Sh. Mahendra Gargieya, Adv. &For Respondent: Smt. Monisha Choudhary, Addl. CIT
Section 139(4)Section 147Section 148Section 271(1)(c)Section 274Section 80C

capital\ngain and therefore, initiated inquiry by issuing summons u/s 131 and the\nassessee while preparing the details for onward submissions, realised that he\ncommitted an inadvertent mistake (while preparing the reply) and on the review\nof the return initially filed therefore, offered to pay the differential amount of the\ncapital gain which was offered vide letter dated 13.06.2014. Pursuant

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

ITA 544/JPR/2024[2013-14]Status: DisposedITAT Jaipur22 Jul 2024AY 2013-14
For Appellant: Sh. Mahendra Gargieya, Adv. &For Respondent: Smt. Monisha Choudhary, Addl. CIT
Section 139(4)Section 147Section 148Section 271(1)(c)Section 274

capital\ngain and therefore, initiated inquiry by issuing summons u/s 131 and the\nassessee while preparing the details for onward submissions, realised that he\ncommitted an inadvertent mistake (while preparing the reply) and on the review\nof the return initially filed therefore, offered to pay the differential amount of the\ncapital gain which was offered vide letter dated 13.06.2014. Pursuant

INDIRA GIRI,JAIPUR vs. ASSESSING OFFICER, INCOME TAX DEPARMENT JAIPUR

The appeal of the assessee is allowed

ITA 511/JPR/2023[2016-17]Status: DisposedITAT Jaipur02 Jan 2024AY 2016-17

Bench: The Due Date Of Furnishing Itr, Therefore Deposit In Capital Gain Account For Compliance U/S 54(2) Was Impossible On The Part Of The Assessee.

For Appellant: Shri Sandeep Manik (C.A.)For Respondent: Shri Anup Singh (Addl.CIT) a
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 54Section 54(2)Section 54F

C) Whether the post-dated/undated cheque relates back to the date of issue after the encashment of such cheques ?: ______________________________________________________Foll owing case laws reply the aforesaid question: 1.11.1 Commissioner of Income-tax v. Ogale Glass Works Ltd. 1954] 25 ITR 529 (SC) Hon’ble Apex Court laid down the law on this issue in following words: “The position, therefore

GURUVENDRA SINGH ,KOTA vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, KOTA, KOTA

In the result, appeal of the assessee is allowed

ITA 144/JPR/2023[2016-17]Status: DisposedITAT Jaipur07 Dec 2023AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Rohan Sogani (CA)For Respondent: Sh. A. S. Nehra (Addl. CIT) a
Section 142(1)Section 143(2)Section 143(3)Section 548Section 54B

23,464 49,93,000 34,45,634 2015-16 27,87,770 Nil 2,00,04,860 56,812 1,54,73,930 44,74,118 2016-17 18,55,935 Nil 14784290 41,987 1,47,42,303 NIL 1.7. Against the amount of Capital Gain, assessee claimed benefit of Section 54B of ITA. Out of the money

SANJIV PRAKASHAN,JAIPUR vs. ACIT, CIRCLE-1, JAIPUR

In the result, the appeal of the assessee is dismissed

ITA 9/JPR/2023[2020-2021]Status: DisposedITAT Jaipur09 Sept 2024AY 2020-2021
For Appellant: Sh. Anil Goyal, CAFor Respondent: Sh. Anoop Singh (Addl.CIT)
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)Section 36(1)(va)Section 43B

capital gain and\naccumulation of income u/s.11(2) of the\nIncome Tax Act, 1961 deserves to be\ndeleted.\"\nOriginal order in this case was passed\nu/s 143(1) - AO made disallowance for\nPF/ESI by passing rectification order u/s\n154- held AO was not justified – appeal\nof assessee allowed\n65-66\n8\nPrincipal\nCommissioner of\nIncome-tax v. SPPL\nProperty\nManagement

DCIT,C-7, JAIPUR vs. BHARAT MOHAN RATURI, JAIPUR

In the result, the appeal of the Department is dismissed and that of the C

ITA 413/JPR/2022[2013-14]Status: DisposedITAT Jaipur11 Jul 2023AY 2013-14

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 413/JP/2022 fu/kZkj.ko"kZ@AssessmentYear :2013-14 The DCIT Circle-7 Jaipur cuke Vs. Shri Bharat Mohan Raturi 161, Indira Colony, Bani Park Jaipur 302 015 (Raj) LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AANPR 7066G vihykFkhZ@Appellant izR;FkhZ@Respondent CO No. 2/JP/2023 (Arising out of vk;djvihy la-@ITA No. 413/JP/2022 ) fu/kZkj.ko"kZ@AssessmentYear :2013-14 Shri Bharat Mohan Raturi 161, Indira

For Appellant: Shri Anil Goya, CA &For Respondent: Mrs. Runi Pal, Addl. CIT-DR
Section 148Section 54Section 54F

Capital 5. The assessee craves his right to add, alter, Gain @ 30% in place of 20% in the amend or delete any grounds of appeal at the time of computation form annexed to the hearing or earlier. assessment order and its consequent impact on surcharge and interest under section 234B & 234C. 6. The assessee craves his right to add, alter

ROSHAN LAL,ALWAR vs. INCOME TAX OFFICER, BHIWADI

Appeal of the assessee is allowed for

ITA 50/JPR/2025[2014-15]Status: DisposedITAT Jaipur05 May 2025AY 2014-15

Bench: The Hon'Ble Income Tax Appellate Tribunal, Jaipur.

For Appellant: Sh. Prateek BasotiaFor Respondent: Sh. Anoop Singh, Addl. CIT
Section 142(1)Section 147Section 148Section 151(1)Section 69A

1)(c) was deemed unjustified since there was no deliberate attempt to conceal income. The ruling reaffirmed that agricultural income remains tax- free, and its deposit into a bank account does not change its nature or make it liable for taxation. 2. Vinaya Sharma vs. ACIT (ITAT Jaipur, November 2024) 2.1. Facts of the Case: Vinaya Sharma sold a piece

VAIBHAV GLOBAL LIMITED,JAIPUR vs. DCIT, CENTRAL CIRCLE-4, JAIPUR , JAIPUR

In the result, the appeal of the assessee is allowed

ITA 96/JPR/2023[2017-18]Status: DisposedITAT Jaipur14 Jul 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Rajeev Sogani, CA &For Respondent: Shri A.S. Nehra, Addl.CIT
Section 143(1)Section 143(1)(a)Section 154Section 36(1)(va)

capital gain and accumulation of income u/s.11(2) of the Income Tax Act, 1961 deserves to be deleted.” [Emphasis Supplied] 8. Hon’ble ITAT, Delhi Bench, in matter of Vinod Malik [ITA no. 1635/Del/2021 : Assessment Year 2019-20 dated 25.11.2022] held that [PB : 3]: 10 VAIBHAV GLOBAL LTD VS DCIT, CIRCLE-4, JAIPUR 7. Failure to adhere to the mandatory

KATRATHAL GRAM SEWA SAHKARI SAMITI LIMITED ,KATRATHAL vs. ITO WARD 1 SIKAR, SIKAR

ITA 1001/JPR/2025[2019-20]Status: DisposedITAT Jaipur27 Oct 2025AY 2019-20
For Appellant: Sh. Shrawan Kumar Gupta, Adv.\rFor Respondent: Shri Gautam Singh Choudhary, Addl. CIT\r
Section 139(1)Section 143(2)Section 144BSection 147Section 147rSection 148Section 148ASection 151Section 234ASection 250

23,39,785/- has not been brought to tax. Copy of notice is\r\nenclosed).\r\nHowever on perusal of the assessment order admittedly it has been come to\r\nknow that the Id. AO has not made any addition on this issue or on the issue\r\nrecorded in the reason for reopening the case and he has made

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SNEHLATA AGARWAL, SIKAR

In the result, the appeals of the revenue in ITA No

ITA 297/JPR/2025[2014]Status: DisposedITAT Jaipur08 Jul 2025

capital gains. In the assessment order also these documents have not\nformed the basis of reasoning of arriving at the finding that the LTCG is bogus.\nSuch conclusion has been arrived at on the basis of other material as discussed\nin the paragraphs above.\n\nFrom the above it is noted that the documents considered as incriminating by the\nlearned

DCIT CENTRAL CIRCLE AJMER, AJMER vs. YASHWANT KUMAR SHARMA, AJMER

In the result, the appeal of the revenue is dismissed and the cross

ITA 210/JPR/2023[2020-21]Status: DisposedITAT Jaipur19 Jul 2023AY 2020-21

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 210/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2020-21 DCIT, Central Circle, Ajmer cuke Vs. Yashwant Kumar Sharma F-108, Industrial Area, Makhupura Parbatpura, Ajmer LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: ASWPS 3791 E vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@C.O. No. 04/JP/2023 (Arising out of ITA Nos. 210/JP/2023) fu/kZkj.k o"kZ@Assessment Years : 2020-21 Yashwant Kumar Sharma

For Appellant: Sh. C. M. Agarwal (CA)For Respondent: Sh. James Kurian (CIT) &
Section 139(1)Section 271ASection 274

capital gain on sale of shares of company 'N'. During assessment proceedings, the assessee was 13 ITA Nos. 210/JP/2023 & CO No. 04/JP/2023 DCIT, Ajmer vs. Yashwant Kumar Sharma required to furnish name of stock exchange through which shares were purchased and sold along with the rate of shares of the stock exchange on date of purchase and sale. The assessee

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR vs. SHRI RAVINDRA MITTAL, JAIPUR

In the result, appeal of the Revenue is dismissed and the cross objection of the assessee is allowed for statistical purposes

ITA 823/JPR/2019[2012-13]Status: DisposedITAT Jaipur17 Mar 2021AY 2012-13

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 823/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2012-13 D.C.I.T., Cuke Shri Ravindra Mittal, Vs. Circle-6, 804, Akshat Niley Apartment, Jaipur. Hawa Sarak, Civil Lines, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aexpm 9057 N Vihykfkhz@Appellant Izr;Fkhz@Respondent

For Appellant: Shri Rajiv Sogani (CA)For Respondent: Shri Ambrish Bedi (CIT-DR) fu/kZkfjrh dh vksj ls@
Section 143(3)Section 54E

1,98,776/-,allowed by Assessing Officer. The 2nd issue is whether provisions of section 50C are applicable. Since in earlier para, I have held that the income from sale of property is to be taxed under the head long term capital gain, therefore provisions of section 50C are applicable. Accordingly, the value substituted by Assessing Officer with

JAMNA DEVI SHARMA,JAIPUR vs. ITO WARD 7(2), JAIPUR

In the result, both the appeals of the assessee are allowed with no orders as to costs

ITA 540/JPR/2023[2007-08]Status: DisposedITAT Jaipur20 Aug 2024AY 2007-08

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Rohan Sogani, CAFor Respondent: Mrs. Monisha Choudhary, Addl. CIT-DR
Section 271(1)(c)

capital gains arising therefrom has been brought to tax in the hands of the assessee by the Assessing officer in AY 2008-09. 10 SMT. JAMNA DEVI SHARMA VS ITO, WRD 7(2), JAIPUR C. FINDING OF LD. AO DURING PENALTY PROCEEDINGS: Since no adequate reply was furnished by the assessee, ld. AO levied the penalty. D. Written submissions made