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92 results for “capital gains”+ Section 234B(3)clear

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Key Topics

Section 143(3)80Section 115J69Addition to Income54Section 234B41Section 14A29Deduction29Section 143(1)26Disallowance26Section 15424

UTSAV JAIN,KOLKATA vs. I.T.O, WD29(4), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 1514/KOL/2013[2009-2010]Status: DisposedITAT Kolkata08 Jun 2016AY 2009-2010

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2009-10 Utsav Jain V/S. Ito, Ward-29(4), 90C Alipur Road, Aaykar Bhawan, 2, Kolkata-700 027 Gariahat Road, [Pan No.Agrpj 4300 R] Kolkataa-700 068 .. अपीलाथ" /Appellant ""यथ"/Respondent

Section 143(3)Section 234BSection 234C

3) Vinod Kumar Jain v. CIT (2010) 195 taxmann 174 (P & H) where head- note:- Section 2(29A) red with section 54, of the Income-tax Act, 1961 – capital gains – long-term capital gains/assets – assessment year 1989-90 – assessee was allotted a flat under scheme of DDA on 27.2.1982 – delivery of possession of said flat took place on 15.5.1986 when

ICI INDIA LTD.,KOLKATA vs. DCIT, CIR-10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is dismissed

Showing 1–20 of 92 · Page 1 of 5

Section 25023
Capital Gains22
Section 234C20
ITA 850/KOL/2007[1996-97]Status: DisposedITAT Kolkata27 Nov 2015AY 1996-97

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

Section 143(3)

234B and Rs.2,23,617 under section 201(IA) of IT Act.” 26. At the time of hearing Ld. AR of assessee submitted that he has been instructed not to press ground No.1 to 3, 5, 6 & 11 of this appeal. Ld. DR raised no objection regarding the action of Ld. AR for not pressing these grounds. Hence, we dismiss

ACIT, CIR-10, KOLKATA, KOLKATA vs. M/S ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 2355/KOL/2005[1996-97]Status: DisposedITAT Kolkata27 Nov 2015AY 1996-97

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

Section 143(3)

234B and Rs.2,23,617 under section 201(IA) of IT Act.” 26. At the time of hearing Ld. AR of assessee submitted that he has been instructed not to press ground No.1 to 3, 5, 6 & 11 of this appeal. Ld. DR raised no objection regarding the action of Ld. AR for not pressing these grounds. Hence, we dismiss

DCIT, CIR-10, KOLKATA, KOLKATA vs. M/S ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1021/KOL/2007[1996-97]Status: DisposedITAT Kolkata27 Nov 2015AY 1996-97

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

Section 143(3)

234B and Rs.2,23,617 under section 201(IA) of IT Act.” 26. At the time of hearing Ld. AR of assessee submitted that he has been instructed not to press ground No.1 to 3, 5, 6 & 11 of this appeal. Ld. DR raised no objection regarding the action of Ld. AR for not pressing these grounds. Hence, we dismiss

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

In the result, the appeal of the assessee is allowed

ITA 2673/KOL/2025[2022-2023]Status: DisposedITAT Kolkata15 Apr 2026AY 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

3. The short issue which falls for consideration is whether the assessee was right in contending that they purchased the assets in question namely, a rice mill should be taken to be on the date when they entered into the agreement for sale of the property which was made on 13.12.2016 or when the registered sale deed was executed

SHRI JNANENDRA NATH BANERJEE,KOLKATA vs. ITO, WD-24(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1466/KOL/2014[2005-2006]Status: DisposedITAT Kolkata02 Dec 2016AY 2005-2006

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

For Appellant: Shri J.P.Khaitan, Sr. Counsel &For Respondent: Shri Sallong Yaden, Addl. CIT
Section 143(1)Section 143(3)Section 154Section 2Section 50CSection 54Section 54ESection 54F

3)/147 of the Income Tax Act, 1961 wholly without jurisdiction. 4 Jnanendra Nath Banerjee., AY 2005-06 (B) For that the purported findings of the CIT(A) that investment was made beyond three years and upholding the withdrawal of exemption granted under section 54 in proceedings under section 154 are wholly arbitrary, erroneous, unreasonable and perverse. (C) For that

SMT.SHYAMALI DAS,KOLKATA vs. ACIT, KOLKATA

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

ITA 211/KOL/2023[2013-14]Status: DisposedITAT Kolkata23 May 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

Section 143(2)Section 234BSection 50CSection 50C(2)

capital gain Rs.1,56,77,990/-, but the actual sale consideration is Rs.1,38,87,440/-, as such his finding is completely arbitrary, unjustified and illegal. (3) For that on the facts and in the circumstances of the case, the Ld. CIT(A] was wrong in not justified in making additions of Rs.17

DCIT, CIRCLE - 11, KOLKATA, KOLKATA vs. M/S. I M C LTD, KOLKATA

Appeal is dismissed

ITA 371/KOL/2012[2007-08]Status: DisposedITAT Kolkata18 Jan 2017AY 2007-08

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10(34)Section 115JSection 143(3)Section 14ASection 234B

3) The provisions of sub-section (2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total income under this Act Provided that nothing contained in this section shall empower the Assessing Officer either to reassess under section

M/S. IMC LTD.,KOLKATA vs. DCIT, CIRCLE - 11, KOLKATA, KOLKATA

Appeal is dismissed

ITA 813/KOL/2009[2005-06]Status: DisposedITAT Kolkata18 Jan 2017AY 2005-06

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10(34)Section 115JSection 143(3)Section 14ASection 234B

3) The provisions of sub-section (2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total income under this Act Provided that nothing contained in this section shall empower the Assessing Officer either to reassess under section

DCIT, CIRCLE - 11, KOLKATA, KOLKATA vs. M/S. IMC LTD., KOLKATA

Appeal is dismissed

ITA 781/KOL/2009[2005-06]Status: DisposedITAT Kolkata18 Jan 2017AY 2005-06

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10(34)Section 115JSection 143(3)Section 14ASection 234B

3) The provisions of sub-section (2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total income under this Act Provided that nothing contained in this section shall empower the Assessing Officer either to reassess under section

MADHU JAYANTI INTERNATIONAL LIMITED,KOLKATA vs. DCIT, CIRCLE - 4(1), KOLKATA, KOLKATA

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

ITA 214/KOL/2016[2011-2012]Status: DisposedITAT Kolkata01 Dec 2017AY 2011-2012

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 214/Kol/2016 Assessment Year : 2011-12 Madhu Jayanti International Ltd. -Vs- Dcit, Cc-4(1), Kolkata [Pan: Aabcm 7502 R] (Appellant) (Respondent)

For Appellant: Shri Akash Mansinka, ARFor Respondent: Shri G. Mallikarjune, CIT DR
Section 139(5)Section 143(3)Section 144C(5)Section 92CSection 92D

capital adjustments , the ld DRP observed as under:- TPO Assessee DRP Jivraj Tea It is a comparable This company is not The comparable is Limited basis the involved in not suitable in methodology of blending/manufacturing view of functional stock maintenance. of tea. Only in trading differences. Hence, It is functionally a of tea. Further, it may should be comparable entity

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

234B at Rs.15,40,638/- and interest U/s 234D at Rs.1,32,706/-, in as much as in view of the facts and circumstances of the case no such interests were at all chargeable. 6. That the Ld. AO has erred in initiating penalty proceedings u/s. 271(1)(c) of the Income Tax Act, 1961. 7. That the appellant craves

INDI STOCK PVT LTD.,KOLKATA vs. ITO, WD-6(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 851/KOL/2014[2006-2007]Status: DisposedITAT Kolkata30 Nov 2017AY 2006-2007

Bench: Shri P.M. Jagtap

Section 143(3)Section 14A

capital gain is quite fair and reasonable. I find merit in the argument of the ld. D.R. I accordingly confirm the disallowance of Rs.1,00,000/- made under section 14A and dismiss Ground No. 2 of the assessee’s appeal. 7. The issue involved in ground No. 3 relating to the charging of interest under section 234B

SUVAPRASANNA BHATTACHARYA,KOLKATA vs. ACIT, CIRCLE - 55, KOLKATA, KOLKATA

In the result, appeal filed by assessee is allowed

ITA 1303/KOL/2010[2006-07]Status: DisposedITAT Kolkata06 Nov 2015AY 2006-07

Bench: Shri N.V. Vasudevan & Shri Waseem Ahmedassessment Year :2006-07 Suvaprasanna Bhatacharya V/S. Acit, Circle-55, Bh-167, Salt Lake, Sector- 54/1, Rafi Ahmed Ii, Kolkata-700 016 Kidwai Road, [Pan No.Aedpb 2611 R] Kolkata – 700 016 .. अपीलाथ" /Appellant ""यथ"/Respondent

Section 131Section 131(1)Section 142(1)Section 271(1)Section 28

234B 7,50,419 Add 234C 123 Total Tax payable 30,23,135” In this appeal challenge by the Assessee is to the levy of penalty u/s.271(1) (c) of the Act in respect of the addition of a sum of Rs.60,99,454, Rs.1,09,473 and Rs.9,79,410/- which was imposed by the AO and confirmed

PRADEEP KUMAR SONTHALIA,KOLKATA vs. D.C.I.T.,CC-1(4), KOLKATA

In the result appeal of the assessee is dismissed”

ITA 1209/KOL/2019[2010-11]Status: DisposedITAT Kolkata12 Oct 2022AY 2010-11

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

Section 234ASection 53ASection 54

234B and/or the calculation of tax and interest thereon is incorrect. 3. In response to the notice of hearing, no one has come present on behalf of the assessee. Therefore, we proceed ex-parte against the assessee. 4. The assessee has claimed exemption under section 54 and 54F of the Income Tax Act. Such exemption has been denied

DAMODAR VALLEY CORPORATION,KOLKATA vs. ADDL. CIT, RANGE - 9, KOLKATA, KOLKATA

Accordingly, the ground nos. 8 & 9 in ITA No. 451/Kol/2013 raised by the assessee are allowed

ITA 1622/KOL/2011[2008-09]Status: DisposedITAT Kolkata13 Jan 2016AY 2008-09

Bench: : Shri N.V. Vasudevan & Shri M. Balaganeshita No. 1622/Kol/2011 A.Y 2008-09

For Appellant: Shri D.S Damle, FCA, ld.ARFor Respondent: Shri Rajat Subhra Biswas, CIT, ld
Section 115JSection 143(3)

gains attributable to revaluation of the asset is not subject to MAT liability. It is, therefore, proposed to amend section 115JB to provide that the book profit for the purpose of section 115JB shall be increased by the amount standing in the revaluation reserve relating to the revalued asset which has been retired or disposed, if the same

M/S. TCG LIFESCIENCES PRIVATE LIMITED.,KOLKATA vs. ACIT, CIRCLE-11(2), KOLKATA, KOLKATA

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

ITA 2169/KOL/2017[2013-14]Status: DisposedITAT Kolkata15 Mar 2019AY 2013-14

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

Section 143(3)Section 144C(5)Section 14ASection 92C

capital gains tax accruing on the account of income arising due to disposal of such shares of AE during the year. 3. Erroneous transfer pricing adjustment on account of the guarantee fees charged to the associated enterprise- 3.1. The Hon'ble DRP and the Ld. TPO/ AO erred in making a transfer pricing adjustment on account of the guarantee fees

D.C.I.T CIR - 11,KOLKATA, KOLKATA vs. M/S PHILIPS ELECTRONICS INDIA LTD, KOLKATA

In the result, the appeal filed by assessee is allowed and that of Revenue stands dismissed

ITA 1294/KOL/2013[2007-08]Status: DisposedITAT Kolkata20 Jul 2016AY 2007-08

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 154Section 234CSection 54E

capital gains invested in the bonds which are redeemable after three years and issued by the National Highways Authority of India or by the Rural Electrification Corporation Ltd., on or after 1-4-2006. There is no limitation for the investment. However, the Central Government later issued a Notification No. 380/2006, F. No. 142 of 2006-TPL, dated

PHILIPS ELECTRONICS INDIA LTD.,KOLKATA vs. D.C.I.T CIR - 11,KOLKATA, KOLKATA

In the result, the appeal filed by assessee is allowed and that of Revenue stands dismissed

ITA 1169/KOL/2013[2007-08]Status: DisposedITAT Kolkata20 Jul 2016AY 2007-08

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 154Section 234CSection 54E

capital gains invested in the bonds which are redeemable after three years and issued by the National Highways Authority of India or by the Rural Electrification Corporation Ltd., on or after 1-4-2006. There is no limitation for the investment. However, the Central Government later issued a Notification No. 380/2006, F. No. 142 of 2006-TPL, dated

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 1019/KOL/2007[2003-04]Status: DisposedITAT Kolkata10 Jun 2016AY 2003-04

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)

gains – reference to Valuation Officer (Condition precedent) –Whether formation of opinion of Assessing Officer that value claimed by assessee is less than its fair market value is since qua non before referring matter to departmental valuation office under section 55A and reasons recorded after order of reference for valuation of registered valuer is not substitute of pre-decisional formation