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3 results for “capital gains”+ Section 263clear

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Key Topics

Section 1549Section 2634Section 115B3Section 260A2Section 36(1)(viia)2Section 682Deduction2Disallowance2

BHIMA JEWELLERS vs. COMMISSIONER OF INCOME TAX,

ITA/15/2021HC Kerala25 Aug 2022

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI

For Appellant: M/S BHIMA JEWELLERSFor Respondent: COMMISSIONER OF INCOME TAX
Section 115Section 115BSection 263Section 68Section 69Section 69ASection 69BSection 69CSection 69D

capital account has been treated as deemed income under Section 68 of the Income Tax Act (for short ‘the Act’). Therefore, it falls under one of the other heads under Section 14 of the Act. Once the deemed income becomes an income earned under one head or the other of Section 14, for the relevant assessment year, there

THE COMMISSIONER OF INCOME TAX, vs. DHANALAKSHMI BANK LTD., TRICHUR

ITA/485/2009HC Kerala14 Jul 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

Section 143(3)Section 154Section 260ASection 36(1)(viia)

capital gain, the entire TAX claim of Rs.30 lakhs, cannot be allowed in an order purported to be a rectification order on the ground that it made a mistake in the earlier order assuming wrongly that it has the power to restrict the allowance to a reasonable extent. In this way I am of opinion that such debatable issue cannot

M/S.APOLLO TYRES LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX

ITA/272/2013HC Kerala04 Aug 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

For Appellant: M/S.APOLLO TYRES LTDFor Respondent: THE DEPUTY COMMISSIONER OF INCOME TAX
Section 260A

263 ITR 706:[(2004) 10 SCC 1] in support of his contentions. 11. The learned Standing Counsel for the Department, on the other hand, submitted that the loss incurred by the assessee was on account of the loan availed for purchasing a capital asset in South Africa through the subsidiary companies and as it was intended for procuring a capital