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90 results for “capital gains”+ Section 220(2)clear

Sorted by relevance

Mumbai578Delhi478Chennai188Bangalore186Jaipur138Ahmedabad133Karnataka118Kolkata90Hyderabad73Cochin61Indore57Raipur40Pune38Chandigarh37Panaji32Guwahati27Lucknow16Calcutta16Nagpur12Surat10Cuttack10Rajkot8Amritsar7Jabalpur6Telangana6Kerala6Patna5Visakhapatnam5Ranchi5Agra4SC4Rajasthan3Allahabad2Jodhpur1Andhra Pradesh1

Key Topics

Section 14A80Section 143(3)72Section 6853Addition to Income52Section 26342Section 80I35Disallowance34Section 10(38)30Section 143(2)25

EMAMI INDRASTRUCTURE LIMITED,KOLKATA vs. ITO, WD-12(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed in part

ITA 880/KOL/2014[2010-2011]Status: DisposedITAT Kolkata28 Feb 2018AY 2010-2011
For Appellant: Shri R.N. Bajoria, Sr. Counsel, ld.ARFor Respondent: Shri Avinash Mishra, CIT, ld.DR
Section 143(2)Section 143(3)

capital gain computed by the AO based on fair market value computed by him and substituted for the sale consideration agreed to by the seller and buyer has to be cancelled. 13. We first consider whether there is a transfer, in view of section 47(iv) of the Act. The undisputed fact is that M/s. Emami Realty

ABC INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE 11(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Showing 1–20 of 90 · Page 1 of 5

Section 115J22
Capital Gains22
Long Term Capital Gains22
ITA 2673/KOL/2025[2022-2023]Status: Disposed
ITAT Kolkata
15 Apr 2026
AY 2022-2023

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Abc India Limited Dcit, Circle 11(1) 40/8, Ballygunj, Circular Road, Aayakar Bhawan, Chowringhee Kolkata, West Bengal-700019 Square, Kolkata-700069 Vs. West Bengal (Appellant) (Respondent) Pan No. Aacca2035J Assessee By : Shri S.K. Pransukhka, Ar Revenue By : Shri Sanjib Kumar Paul, Dr Date Of Hearing: 16.02.2026 Date Of Pronouncement: 15.04.2026

For Appellant: Shri S.K. Pransukhka, ARFor Respondent: Shri Sanjib Kumar Paul, DR
Section 119Section 143(2)Section 143(3)Section 144BSection 14A

2. The L'U CIT(A) erred in sustaining the addition made by ld. AO by computing the capital gain in the relevant year AY 22-23 in respect of sale of two offices in Mumbai whereas already offered for taxation in AY 16-17 when sale agreement was executed, consideration w received and possession was given ABC India Limited

PRATIK AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, C.C.-3(1), , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 2068/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

capital gain. ii) Ld. AO observed that SEBI vide Order dated 17.04.2015 and 19.12.2014 has restrained Blue Circle Services Ltd on the basis of manipulation charges from dealing in Security market in any form. iii) The appellant relies on the consolidated order dated 26.03.2021 of Delhi Bench of the Tribunal in the case of ITO, Ward-3(2), New Delhi

PINKY AGARWAL ,KOLKATA vs. ACIT, CC-3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 984/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

capital gain. ii) Ld. AO observed that SEBI vide Order dated 17.04.2015 and 19.12.2014 has restrained Blue Circle Services Ltd on the basis of manipulation charges from dealing in Security market in any form. iii) The appellant relies on the consolidated order dated 26.03.2021 of Delhi Bench of the Tribunal in the case of ITO, Ward-3(2), New Delhi

M/S. NISHIT AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 983/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

capital gain. ii) Ld. AO observed that SEBI vide Order dated 17.04.2015 and 19.12.2014 has restrained Blue Circle Services Ltd on the basis of manipulation charges from dealing in Security market in any form. iii) The appellant relies on the consolidated order dated 26.03.2021 of Delhi Bench of the Tribunal in the case of ITO, Ward-3(2), New Delhi

M/S. GATEWAY FINANCIAL SERVICES LTD., ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 982/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

capital gain. ii) Ld. AO observed that SEBI vide Order dated 17.04.2015 and 19.12.2014 has restrained Blue Circle Services Ltd on the basis of manipulation charges from dealing in Security market in any form. iii) The appellant relies on the consolidated order dated 26.03.2021 of Delhi Bench of the Tribunal in the case of ITO, Ward-3(2), New Delhi

GAURAV VINIMAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1),, KOLKATA

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

ITA 2306/KOL/2025[205-2016]Status: DisposedITAT Kolkata10 Feb 2026

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 250Section 50DSection 56(2)Section 56(2)(viia)

Gains by invoking the provisions of section 50D of the Act and assessed the total income of the assessee at ₹15,11,71,870/- u/s 143(3) of the Act. 3.1 Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A) who perused the assessment order, considered the submission of the assessee, the provisions

M/S PREMIER IRRIGATION ADRITEC (P) LTD.,KOLKATA vs. ACIT, CIR-11(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 387/KOL/2021[2014-15]Status: DisposedITAT Kolkata20 Jan 2023AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawal

Section 2(24)Section 250Section 3Section 36(1)Section 36(1)(va)Section 43B

220(2) of the Act for delayed payment of taxes was not allowable as deduction in computation of the total income. 10. In our view whenever interest is charged under the Act, whether for delayed payment of tax or filing under estimate of tax or for non- submission of the estimate or return or for default in filing return within

AJAY KUMAR DOSHI.,KOLKATA vs. A.C.I.T.CIR - 54,KOL, KOLKATA

In the result, the appeal of the Revenue is dismissed, while the appeal of the assessee is partly allowed as indicated above

ITA 1866/KOL/2012[2003-04]Status: DisposedITAT Kolkata11 Dec 2015AY 2003-04

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 17(3) did not apply and the amount received cannot be considered as profit in lieu salary. It is correct that there was no employer employee relationship between the appellant and the Firms of which he was a partner. It is however a fact that the lumpsum payment was received in consideration for giving up pension rights. Where

SAMIT RAY,KOLKATA vs. DCIT, CEN. CIR. 3(4), KOLKATA

In the result, all the appeals of the assessees are allowed

ITA 780/KOL/2024[2014-15]Status: DisposedITAT Kolkata10 Jul 2024AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 778/Kol/2024 Assessment Year: 2014-2015 Arati Ray,………………………………..……………Appellant 11/1, Dishari Bhawan, B.T. Road, Belghoria, Kolkata-700056 [Pan:Adopr8465R] -Vs.- Deputy Commissioner Of Income Tax,…..…Respondent Central Circle-3(4), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, 5Th Floor, Kolkata-700107 & I.T.A. No. 779/Kol/2024 Assessment Year: 2014-2015 Mallika Roy,…………………………..……………Appellant 11/1, Dishari Bhawan, B.T. Road, Belghoria, Kolkata-700056 [Pan:Acgpr7888F] -Vs.- Deputy Commissioner Of Income Tax,…..…Respondent Central Circle-3(4), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, 5Th Floor, Kolkata-700107 & I.T.A. No. 780/Kol/2024 Assessment Year: 2014-2015 1

Section 139(1)Section 144Section 153ASection 153DSection 263

capital gain assessable in their hands. If the computation made by the assesses was not in accordance with law, then their cases ought to have been selected for scrutiny assessment by issuance of a notice under section 143(2) of the Income Tax Act, but no such notices were issued meaning thereby the assessments have attained finality, which were passed

ARATI RAY,KOLKATA vs. DCIT, CEN. CIR. -3(4), KOLKATA

In the result, all the appeals of the assessees are allowed

ITA 778/KOL/2024[2014-15]Status: DisposedITAT Kolkata10 Jul 2024AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 778/Kol/2024 Assessment Year: 2014-2015 Arati Ray,………………………………..……………Appellant 11/1, Dishari Bhawan, B.T. Road, Belghoria, Kolkata-700056 [Pan:Adopr8465R] -Vs.- Deputy Commissioner Of Income Tax,…..…Respondent Central Circle-3(4), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, 5Th Floor, Kolkata-700107 & I.T.A. No. 779/Kol/2024 Assessment Year: 2014-2015 Mallika Roy,…………………………..……………Appellant 11/1, Dishari Bhawan, B.T. Road, Belghoria, Kolkata-700056 [Pan:Acgpr7888F] -Vs.- Deputy Commissioner Of Income Tax,…..…Respondent Central Circle-3(4), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, 5Th Floor, Kolkata-700107 & I.T.A. No. 780/Kol/2024 Assessment Year: 2014-2015 1

Section 139(1)Section 144Section 153ASection 153DSection 263

capital gain assessable in their hands. If the computation made by the assesses was not in accordance with law, then their cases ought to have been selected for scrutiny assessment by issuance of a notice under section 143(2) of the Income Tax Act, but no such notices were issued meaning thereby the assessments have attained finality, which were passed

MALIKA ROY,KOLKATA vs. DCIT, CEN. CIR. 3(4), KOLKATA

In the result, all the appeals of the assessees are allowed

ITA 779/KOL/2024[2014-15]Status: DisposedITAT Kolkata10 Jul 2024AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 778/Kol/2024 Assessment Year: 2014-2015 Arati Ray,………………………………..……………Appellant 11/1, Dishari Bhawan, B.T. Road, Belghoria, Kolkata-700056 [Pan:Adopr8465R] -Vs.- Deputy Commissioner Of Income Tax,…..…Respondent Central Circle-3(4), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, 5Th Floor, Kolkata-700107 & I.T.A. No. 779/Kol/2024 Assessment Year: 2014-2015 Mallika Roy,…………………………..……………Appellant 11/1, Dishari Bhawan, B.T. Road, Belghoria, Kolkata-700056 [Pan:Acgpr7888F] -Vs.- Deputy Commissioner Of Income Tax,…..…Respondent Central Circle-3(4), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, 5Th Floor, Kolkata-700107 & I.T.A. No. 780/Kol/2024 Assessment Year: 2014-2015 1

Section 139(1)Section 144Section 153ASection 153DSection 263

capital gain assessable in their hands. If the computation made by the assesses was not in accordance with law, then their cases ought to have been selected for scrutiny assessment by issuance of a notice under section 143(2) of the Income Tax Act, but no such notices were issued meaning thereby the assessments have attained finality, which were passed

LALJI & SONS,BANKURA vs. ACIT, CIRCLE - BANKURA, BANKURA

In the result, all the appeals of assessee are allowed

ITA 220/KOL/2016[2003-2004]Status: DisposedITAT Kolkata25 Jan 2018AY 2003-2004

Bench: : Shri M. Balaganesh & Shri S.S.Viswanethra Ravi

For Appellant: Shri D.K. Sen, Advocate, ld.ARFor Respondent: Shri Arindam Bhattacharjee, Addl, CIT, ld.DR
Section 143(2)Section 143(3)Section 147Section 148Section 292B

Capital Gains on his part. Thus spirit of issue of notice u/s. 143(2) is served. In this regard it would not be out of place to reproduce the text of section 292B, which reads as under:- " Section 292B: No return of income, assessment, notice, summons or other proceeding, furnished or made or issued or taken or purported to have

DCIT, CENTRAL CIR. VI, KOLKATA vs. M/S J.K. LAKSHMI CEMENT LTD., KOLKATA

In the result, assessee’s CO is partly allowed

ITA 611/KOL/2013[2009-2010]Status: DisposedITAT Kolkata26 May 2017AY 2009-2010

Bench: Shri Waseem Ahmed & Shri Partha Sarathi Chowdhury

Section 142(1)Section 143(3)Section 263Section 32

gains of business or profession". In the instant case, the fact that the loan was utilized for the acquiring of fixed assets has not been disputed by the AO. Thus, it is clear that the instant loan was not utilized for the trading liability of the assessee and therefore the waiver off the same cannot amount to income which

SRI SUSHIL KUMAR MOHTA,KOLKATA vs. DCIT, CC, XXVIII, KOLKATA, KOLKATA

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

ITA 475/KOL/2015[2009-10]Status: DisposedITAT Kolkata20 Jun 2018AY 2009-10

Bench: Shri P.M. Jagtap & Smt. Madhumita Roy

Section 132

220/- and Rs.46,56,300/-, the same were adopted by the Assessing Officer for the purpose of computing capital gain as per section 50C of the Income Tax Act instead of Rs.60 lakhs shown by the assessee. In the computation of capital gain, the assessee had also claimed deduction on account of indexed cost of acquisition of Rs.31

SMT. YASHOD DEORA,KOLKATA vs. ITO, WARD - 30(3), KOLKATA

In the result, assessee’s appeal is allowed

ITA 835/KOL/2008[2003-04]Status: DisposedITAT Kolkata11 Dec 2015AY 2003-04

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

Section 1Section 143(3)Section 68

section 45 of the Act. Even the AO has treated the said right as a capital asset and has charged the amount received by the husband of the assessee as capital gains in the hands of the assessee. It can also be seen that under the settlement arrived at with the purchaser company, the assessee and her husband relinquished their

SRI PRADEEP KUMAR DEORA.,KOLKATA vs. D.C.I.T CC - XXIV,KOLKATA., KOLKATA

In the result, assessee’s appeal is allowed

ITA 281/KOL/2013[2003-04]Status: DisposedITAT Kolkata11 Dec 2015AY 2003-04

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

Section 1Section 143(3)Section 68

section 45 of the Act. Even the AO has treated the said right as a capital asset and has charged the amount received by the husband of the assessee as capital gains in the hands of the assessee. It can also be seen that under the settlement arrived at with the purchaser company, the assessee and her husband relinquished their

D.C.I.T CIR - 1,KOLKATA, KOLKATA vs. M/S A.K.G FINVEST LTD, KOLKATA

In the result, appeal of revenue is dismissed

ITA 1341/KOL/2013[2009-2010]Status: DisposedITAT Kolkata15 Mar 2016AY 2009-2010

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Rajendra Prasad, JCITFor Respondent: Shri Ravi Tulsiyan, FCA
Section 143(3)Section 45Section 73

2 AKG Finvest ltd. , AY 2009-10 proceedings, the AO required the assessee to produce the contract notes for verification of long term capital loss and short term capital loss. The AO on verification of these contract notes noted that the purchase and sale of shares were made on frequent dates and also utilization of interest bearing borrowed funds

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

ITA 2082/KOL/2010[2007-08]Status: DisposedITAT Kolkata06 Apr 2016AY 2007-08

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

For Appellant: Shri S.K.Agarwal, FCAFor Respondent: Shri G.Mallikarjuna, CIT (DR)
Section 143(3)Section 144C

capital asset in India. 2) Income which falls under the head “Salaries”; if it is earned in India. 3) Income from “Salaries” which is payable by Government to a citizen of India for services rendered outside India. 4) Dividend by an Indian Company outside India 5) Interest 6) Royalty 7) Fees for technical Services If income of a non-resident

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. ADIT (INTERNATIONAL TAXATION) - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

ITA 1489/KOL/2011[2005-06]Status: DisposedITAT Kolkata06 Apr 2016AY 2005-06

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

For Appellant: Shri S.K.Agarwal, FCAFor Respondent: Shri G.Mallikarjuna, CIT (DR)
Section 143(3)Section 144C

capital asset in India. 2) Income which falls under the head “Salaries”; if it is earned in India. 3) Income from “Salaries” which is payable by Government to a citizen of India for services rendered outside India. 4) Dividend by an Indian Company outside India 5) Interest 6) Royalty 7) Fees for technical Services If income of a non-resident