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116 results for “capital gains”+ Penaltyclear

Sorted by relevance

Mumbai954Delhi753Ahmedabad295Jaipur261Chennai236Hyderabad186Pune154Bangalore153Chandigarh133Kolkata116Indore91Raipur83Surat72Nagpur59Visakhapatnam53Lucknow51Rajkot35Cochin27Patna24Ranchi24Cuttack23Agra22Dehradun17Amritsar17Jodhpur14Guwahati13Allahabad5Jabalpur4Varanasi3Panaji3

Key Topics

Section 271(1)(c)96Addition to Income66Section 143(3)54Section 25053Section 1050Penalty47Section 14843Section 14741Section 143(2)25Disallowance

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

ITA 372/KOL/2021[2014-15]Status: DisposedITAT Kolkata17 Sept 2024AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

For Appellant: Sriram Sashdari, ARFor Respondent: Rakesh Kumar Das, CIT, DR
Section 250Section 43(6)Section 50CSection 50C(2)Section 928

Capital Gain (LTCG") on sale of both land and build- ing without appreciating that the building formed part of block of assets and hence as per provisions of Section 43(6) only 'moneys payable" in respect of such building was required to be reduced from the relevant block of assets. 6.1 On the facts and circumstances of the case

Showing 1–20 of 116 · Page 1 of 6

24
Section 6823
Capital Gains21

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

ITA 373/KOL/2021[2015-16]Status: DisposedITAT Kolkata17 Sept 2024AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

For Appellant: Sriram Sashdari, ARFor Respondent: Rakesh Kumar Das, CIT, DR
Section 250Section 43(6)Section 50CSection 50C(2)Section 928

Capital Gain (LTCG") on sale of both land and build- ing without appreciating that the building formed part of block of assets and hence as per provisions of Section 43(6) only 'moneys payable" in respect of such building was required to be reduced from the relevant block of assets. 6.1 On the facts and circumstances of the case

EQUITABLE MARKETING ASSOCIATION,KOLKATA vs. ACIT, CIR-30, KOLKATA. , KOLKATA

The appeal of the assessee is treated as allowed for statistical purposes

ITA 1226/KOL/2023[2015-16]Status: DisposedITAT Kolkata07 Aug 2024AY 2015-16

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.1226/Kol/2023 Assessment Year: 2015-16 Equitable Marketing Association…………………… ........................……Appellant 82, Baburam Ghosh Road, Tollygunge, Kolkata – 700040. [Pan: Aaaae0345D] Vs. Acit, Circle-30, Kolkata…...................…................…........……...…..…..Respondent Appearances By: Shri S. S. Gupta, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 10, 2024 Date Of Pronouncing The Order : August 07, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.09.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Order Passed By The Ld. Assessing Officer U/S 143(3) Is Arbitrary, Bad In Law & Facts & The Ld. Cit(A), Erred In Confirming The Same In Part. 2. That The Ld. A.O Erred In Making An Addition Of Rs.1,36,67,806/- By Invoking Sec. 50C Of The Income Tax Act, 1961 & The Ld. Cit(A) Erred In Confirming The Same In As Much As In View Of The Facts & Circumstances Of The Case No Such Addition U/S 50C Was At All Called For.

Section 143(3)Section 2(14)Section 234BSection 234DSection 250Section 271(1)(c)Section 50CSection 54D

Capital Gain at Rs.47,83,928/-, in as much as in view of the facts and circumstances of the case, such computation has resulted in double taxation to the tune of Rs. 47,83,928/-, 5. That the Ld. AO erred in law as well as in facts in levying/charging interest U/s 234B at Rs.15,40,638/- and interest

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. GRAPHITE INDIA LTD., KOLKATA

In the result, considering the discussions made above, the appeal filed by the Revenue is partly allowed and the cross objection filed by the assessee are dismissed

ITA 473/KOL/2018[2007-08]Status: DisposedITAT Kolkata13 Sept 2024AY 2007-08

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(3)Section 144C(3)Section 62Section 801ASection 80I

gains, as the assessee was enjoying the property for more than 36 months. 15. In the case of CIT v. Ved Prakash Rakhra [2012] 26 taxmann.com 166/210 Taxman 605 (Kar.), the Court took note of the decision in the case of V.V. Mody (supra) and after noting that the said decision refers to the insertion of sub-Clause

MITUL PRAVINCHANDRA MALANI, ,KOLKATA vs. ACIT, CIR. 33, KOLKATA

In the result, the appeal of the assessee is partly allowed while the penalty of ₹9,560/- imposed is hereby cancelled

ITA 931/KOL/2024[2014-15]Status: DisposedITAT Kolkata17 Oct 2024AY 2014-15

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2014-15

For Appellant: Anil Kochar, AdvocateFor Respondent: Subhendu Datta, CIT DR
Section 143(3)Section 250Section 271(1)(c)Section 274

capital gains earned during the financial year under consideration. Penalty proceedings were also initiated. 6. The assessee did not contest

SHUBH KARAN BAID. ,KOLKATA vs. ITO,WD-4(3), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 836/KOL/2023[2012-13]Status: DisposedITAT Kolkata24 Jun 2024AY 2012-13

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubey]

Section 10(38)Section 147Section 148Section 271(1)Section 271(1)(c)

penalty was imposed equal to 100% of tax sought to be evaded at Rs. 1,21,855/- vide order dated 02.02.2022. 4. The said order was challenged before the appellate authority. However the same was dismissed on the ground that the assessee has claimed bogus long term capital gain

SARIKA DUGAR,KOLKATA vs. ITO, KOLKATA

In the result, appeal of the assessee is partly allowed

ITA 363/KOL/2023[2013-14]Status: DisposedITAT Kolkata16 Nov 2023AY 2013-14

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble

For Appellant: Shri Chirag Desai, Office staff on behalf of Miraj D. Shah, A/RFor Respondent: Shri B.K. Singh, JCIT, Sr. D/R
Section 10(38)Section 143(3)Section 148Section 250Section 271(1)(c)Section 275Section 275(1)(c)

capital gain initiated penalty proceedings u/s 271(1)(c) of the Act and after carrying out the penalty proceedings and considering

BIJNI DOOARS TEA COMPANY LTD. ,KOLKATA vs. PCIT, KOL-2, KOL, KOLKATA

In the result, appeal of the assessee is allowed

ITA 409/KOL/2023[2018-19]Status: DisposedITAT Kolkata20 Oct 2023AY 2018-19

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2018-19 Bijni Dooars Tea Company Principal Commissioner Of Ltd. Income-Tax, Kolkata-2, 4Th Floor, Room No. 1, Kolkata. Vs. Shantiniketan, 8, Camac Street, Kolkata-700017. (Pan: Aabcb1013E) (Appellant) (Respondent)

For Appellant: Shri S. K. Tulsiyan, Advocate & Ms. Mita Rizvi, CAFor Respondent: Shri S. Datta, CIT, DR
Section 115PSection 143(3)Section 263Section 44A

Capital Gains as per the normal provisions of the Act.. .. there was no malafide intention of the assessee company to make such a mistake." (page 22 of the Paper Book) First of all, the AR of the assessee admits that mistakes have been made. Secondly, he also admits that particulars of DOT are part and parcel of both

SHRI BUDHRAJ AGARWAL,KOLKATA vs. ITO, WARD-43(6) , KOLKATA

In the result, the appeal filed by the assessee is allowed in the legal issue as well as on merit

ITA 431/KOL/2020[2015-16]Status: DisposedITAT Kolkata31 Aug 2023AY 2015-16

Bench: Sri Rajesh Kumar & Sonjoy Sarma

Section 143(3)Section 263

Capital Gain were raised in course of the assessment proceedings against which the appellant filed evidences in support of the transactions as well as the genuineness of the company (which is a profit making dividend paying company) and report of analyst in support of rise in prices of the shares. 5. For that the Ld. Pr. CIT erred in setting

RAM AWATAR DHOOT,KOLKATA vs. WARD 22(4) KOLKATA, KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 91/KOL/2024[2015-16]Status: DisposedITAT Kolkata29 Aug 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.91/Kol/2024 Assessment Year: 2015-16 Ram Awatar Dhoot…...…………….....……………………....………....Appellant 29B, Rabindra Sarani Floor, Room No.10E, Kolkata-700073. [Pan: Adepd7419F] Vs. Ito, Ward-22(4), Kolkata…...................................................…..…..... Respondent Appearances By: Shri Ram Awatar Dhoot, Self, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 27, 2024 Date Of Pronouncing The Order : August 29, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Levy/Confirmation Of Penalty U/S 271(1)(C) Of The Act. 3. The Brief Facts Of The Case Are That The Assessee Had Claimed Long- Term Capital Gains On Account Of Sale Of Shares At Rs.14,94,407/-. During The Assessment Proceedings, The Assessee Produced Relevant Documents To Substantiate His Claim, However, The Assessing Officer Held That As Per The Report Received From The Investigation Wing, There

Section 250Section 271(1)(c)

penalty u/s 271(1)(c) of the Act. 3. The brief facts of the case are that the assessee had claimed long- term capital gains

PRAMOD KUMAR SARAF,KOLKATA vs. ITO, WARD-22(2), KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 683/KOL/2024[2014-15]Status: DisposedITAT Kolkata28 Aug 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.683/Kol/2024 Assessment Year: 2014-15 Pramod Kumar Saraf...…………….....……………………....………....Appellant 24, R. N Mukherjee Road, Mission Row, Kol-1. [Pan: Apkps6814F] Vs. Ito, Ward-22(2), Kolkata…...................................................…..…..... Respondent Appearances By: Shri Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Manas Mondal, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 26, 2024 Date Of Pronouncing The Order : August 28, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.03.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Levy/Confirmation Of Penalty U/S 271(1)(C) Of The Act. 3. The Brief Facts Of The Case Are That The Assessee Had Claimed Long- Term Capital Gains On Account Of Sale Of Shares At Rs.7,10,447/-. During The Assessment Proceedings, The Assessee Produced Relevant Documents To Substantiate His Claim, However, The Assessing Officer Held That As Per The Report Received From The Investigation Wing, There Was Large Scale Price Rigging Of Certain Scrips, Whereby, The Bogus Long-Term

Section 250Section 271(1)(c)

penalty u/s 271(1)(c) of the Act. 3. The brief facts of the case are that the assessee had claimed long- term capital gains

PADMALOCHANAN RADHAKRISHNAN,KOLKATA vs. A.C.I.T., CIRCLE - 62, KOLKATA, KOLKATA

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

ITA 130/KOL/2023[2014-2015]Status: DisposedITAT Kolkata17 Apr 2023AY 2014-2015

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 130/Kol/2023 Assessment Year: 2014-2015

Section 143(2)Section 143(3)Section 71Section 71(4)Section 80T

penalty/ prosecution proceedings were perverse and misplaced and therefore deserves to be vacated/ quashed. (5) For that the appellant craves leave to submit additional grounds and/or amend or alter the grounds already taken either at the time of hearing of the appeal or before”. 3. Brief facts of the case are that the assessee is in individual and earns major

NAVANSH VINIMAY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 8(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 724/KOL/2022[2012-2013]Status: DisposedITAT Kolkata30 May 2025AY 2012-2013

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 142(1)Section 143Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250

Capital Gains. The Exit Providers were not able to provide any logical explanation of the source of funds they have invested in the scrip when they purchased the I.T.A. No.: 724/KOL/2022 Assessment Year: 2012-13 Navansh Vinimay Pvt. Ltd. scrip when the price was at its peak. They also clearly mentioned that the trades were not done by them

SURESH AGARWAL,KOLKATA vs. PCIT, KOLKATA-9, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 510/KOL/2022[2016-2017]Status: DisposedITAT Kolkata21 Apr 2023AY 2016-2017

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 133(6)Section 263Section 54E

gain of Rs. 2,22,25,920/- was computed and after further allowing the brokerage of Rs. 7,70,850/-, net capital loss and Rs. 2,14,55,070/- was computed. The AO initiated penalty

CHETAN KUMAR TEKRIWAL (HUF),HOWRAH vs. I.T.O., WARD - 46(3), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

ITA 705/KOL/2022[2015-2016]Status: DisposedITAT Kolkata30 Nov 2023AY 2015-2016

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 133ASection 143(3)Section 271(1)Section 271(1)(c)Section 68

capital gain. The assessee received Rs. 52,51,973/- as the proceeds of bogus LTCG during the year. During the survey the assessee voluntarily disclosed the amount of Rs. 52,51,973/- as undisclosed income of the Karta of HUF. A penalty

KUSUM TATER,MUMBAI vs. ITO - 47(2), KOLKATA

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

ITA 1297/KOL/2023[2014-15]Status: DisposedITAT Kolkata06 Mar 2025AY 2014-15

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

Section 10(38)Section 143(3)Section 250Section 271Section 68

penalty u/s. 271(l)(c) of the IT Act 1961 and the reason assigned for doing so are wrong and contrary to the Provisions of Income Tax Act and Rides made there under. 6. Your Appellant crave, leave to add, alter, amend or modify any or all grounds of appeal on or before the date of hearing.” 3. Brief facts

RAIGARH JUTE & TEXTILE MILLS LTD.,KOLKATA vs. A.C.I.T.,CIRCLE-8(2), KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 2286/KOL/2019[2014-15]Status: DisposedITAT Kolkata27 Jun 2023AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.2286/Kol/2019 Assessment Year: 2014-15 Raigarh Jute & Textile Mills Ltd...................................................……Appellant 36, Chowringhee Road, Kolkata-700071. [Pan: Aabcr2034B] Vs. Acit, Circle-8(2), Kolkata...............................……........……...…..…..Respondent Appearances By: Shri Akkal Dudhewala, Advocate, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 16, 2023 Date Of Pronouncing The Order : June 27, 2023 आदेश / Order संजय गग", "या"यकसद"य"वारा/ Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.03.2019 Of The Commissioner Of Income Tax (Appeals)-15, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1 That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A)- 15 Erred In Holding That The Assessing Officer Was Justified In Disallowing & Adding Back The Appellant'S Claim For Deduction Of Loss Suffered Of Rs.4,02,00,360/- Suffered By The Appellant In Its Share Trading Business. 2 That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A)-15 Erred In Confirming The Action Of The Assessing Officer Of Invoking The

Section 14ASection 250

gains. The ld. counsel has submitted that even the statement of director of the I.T.A No.2286/Kol/2019 Assessment year: 2014-15 Raigarh Jute & Textile Mills Ltd assessee company was also recorded but the Assessing Officer could extract any incriminating fact from those statements. That even none of the statements referred to by the Assessing Officer in his assessment order pertained

KALYANI KOLEY,HOWRAH vs. CIT(A), KOLKATA

Appeal of the assessee is allowed

ITA 227/KOL/2025[2013-14]Status: DisposedITAT Kolkata04 Nov 2025AY 2013-14

Bench: SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 253(3)

penalty proceedings and uploaded the same in the portal as instructed by the said Mr. Koley. The said consultant on the same day, that is, on January 17, 2025, requested the said Mr. Kolay to give further documents in respect of the assessment records in respect of the other co-owners. The said Mr. Koley. on January 20, 2025, handed

SWETA CHIRIMAR,KOLKATA vs. DCIT, CIRCLE - 29(1), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 619/KOL/2024[2012-13]Status: DisposedITAT Kolkata15 Oct 2024AY 2012-13

Bench: Shri Sanjay Garg, Jm &Shri Rajesh Kumar, Am]

Section 10(38)Section 139(1)Section 143(1)Section 143(3)Section 148Section 271(1)(c)Section 275Section 275(1)(c)Section 68

Capital Gain (LTCG) on sale of shares of Rs.6,70,139/- as exempt u/s. 10(38) of the Act which was withdrawn during the course of assessment proceedings and consequently, the sale consideration of the shares of Rs.7,20,139/- was treated as unexplained cash credit u/s. 68 of the Act in the assessment framed

SHRI SANTANU SANYAL,KOLKATA vs. ACIT, CIR. 2(1), KOLKATA

In the result, the appeal of the assessee is partly allowed

ITA 41/KOL/2024[2016-17]Status: DisposedITAT Kolkata23 Jul 2024AY 2016-17

Bench: Dr. Manish Borad & Pradip Kumar Choubey

Section 144Section 250

capital gains of Rs. 2,30,238/- from of sale of equity share and equity-oriented fund, while giving effect to the Impugned Order. Page 3 of 12 I.T.A. No.: 41/KOL/2024 Assessment Year: 2016-17 Shri Santanu Sanyal. 9. That the Ld. AO erred on facts and in law in not granting exemption under Section 10(34) on dividend income