BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

113 results for “capital gains”+ Section 251(1)(a)clear

Sorted by relevance

Mumbai565Delhi447Bangalore174Jaipur153Chennai153Ahmedabad140Karnataka117Kolkata113Hyderabad100Indore63Pune58Cochin52Nagpur43Chandigarh43Surat36Guwahati25Lucknow25Panaji18Raipur18Calcutta17Telangana11Patna9Cuttack7Rajkot7Kerala6Visakhapatnam6Agra5Jodhpur4Jabalpur4Ranchi4SC3Rajasthan3Dehradun2Allahabad2Amritsar2Andhra Pradesh1

Key Topics

Section 143(3)74Section 80I68Section 14A57Addition to Income39Deduction32Disallowance32Section 25027Section 2(15)24Section 1124Section 263

THE UNITED PROVINCES SUGAR COMPANY LTD., ,KOLKATA vs. ITO, WARD - 12(2), KOLKATA

In the result, appeal of the assessee is allowed

ITA 1956/KOL/2018[2013-14]Status: DisposedITAT Kolkata01 Apr 2021AY 2013-14
Section 115JSection 143(3)Section 250

gains, taxable u/s 45 of the Act and realisation of capital due to improvement of capital asset by way of external realisation of capital due to improvement of capital asset by way of external realisation of capital due to improvement of capital asset by way of external development over a long period of time. r a long period of time

THE PEERLESS GEN. FIN. & INV. CO. LTD.,KOLKATA vs. DCIT, CIRCLE-3(1), KOLKATA, KOLKATA

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

ITA 892/KOL/2019[2014-15]Status: DisposedITAT Kolkata

Showing 1–20 of 113 · Page 1 of 6

24
Section 15419
Exemption19
19 Mar 2021
AY 2014-15

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

Section 143(3)Section 2Section 263Section 50

Capital Gains' The relevant extract of the CITCA) order is reproduced below: "12. In this case 37 flats were purchased of different configuration. This was validated by an agreement. The approximate total area was 50051 sq. ft. Assessee purchased entire purchase consideration.clt was reflected in the Audited Accounts as wall. It was shown as investment. Assessee declared total receipt

SMT SAKI GUPTA,KOLKATA vs. ACIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of both the assessee’s are partly allowed

ITA 719/KOL/2015[2009-2010]Status: DisposedITAT Kolkata21 Aug 2018AY 2009-2010

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 54E

Section 251(2) of the Act specifically provides that the Appellate Commissioner shall not enhance an assessment unless the appellant before him is given reasonable opportunity of showing cause against such enhancement. On perusal of the impugned order passed by the Ld. CIT(A), we find that there is no mention in the order that any such opportunity of being

SMT SARBANI GUPTA,KOLKATA vs. ACIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of both the assessee’s are partly allowed

ITA 720/KOL/2015[2009-2010]Status: DisposedITAT Kolkata21 Aug 2018AY 2009-2010

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 54E

Section 251(2) of the Act specifically provides that the Appellate Commissioner shall not enhance an assessment unless the appellant before him is given reasonable opportunity of showing cause against such enhancement. On perusal of the impugned order passed by the Ld. CIT(A), we find that there is no mention in the order that any such opportunity of being

I.T.O WD - 9(2),KOLKATA, KOLKATA vs. M/S VISHAL EQUITY SERVICES PVT. LTD., KOLKATA

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

ITA 2267/KOL/2013[2009-10]Status: DisposedITAT Kolkata03 Aug 2016AY 2009-10

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

For Appellant: Shri Subhash Agarwal, Advocate, ld.ARFor Respondent: Shri Ghyas Uddin, JCIT, Sr.DR
Section 143(1)Section 154Section 251Section 251(1)(a)

1 M/s. Vishal Equity Services Pvt. Ltd 3. THE appellant craves leave to add, alter or modify any ground of appeal during the course of hearing. 3. The only issue to be decided in this appeal as to whether Commissioner of appeals was justified in directing to modify the long-term capital gains under section 251

JCT LTD., ,KOLKATA vs. DCIT, CIRCLE - 11(1), , KOLKATA

In the result, the appeal of the Revenue is dismissed and the appeal of the assessee is allowed

ITA 2389/KOL/2018[2011-12]Status: DisposedITAT Kolkata08 Jul 2020AY 2011-12

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

Section 115JSection 142(1)Section 143(2)Section 143(3)Section 250Section 32(2)

Section 47(v) Rs. 5,45,100/- (ii) Cost u/s 55(2)(b)(b)(ii) as on 01.04.1981 as per Rs. 1,35,38,000/- valuation report of Er. S K Bhagat, FIE(India) (iii) Conversion cost paid for making land & building Rs. 2,39,05,168/- freehold

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

In the result, the appeal of the Revenue is dismissed and the appeal of the assessee is allowed

ITA 84/KOL/2019[2011-12]Status: DisposedITAT Kolkata08 Jul 2020AY 2011-12

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

Section 115JSection 142(1)Section 143(2)Section 143(3)Section 250Section 32(2)

Section 47(v) Rs. 5,45,100/- (ii) Cost u/s 55(2)(b)(b)(ii) as on 01.04.1981 as per Rs. 1,35,38,000/- valuation report of Er. S K Bhagat, FIE(India) (iii) Conversion cost paid for making land & building Rs. 2,39,05,168/- freehold

STEWARTS & LLOYDS OF INDIA LIMITED,KOLKATA vs. COMMISSIONER OF INCOME TAX, KOL - I, KOLKATA

In the result the appeal by the Assessee is partly allowed

ITA 372/KOL/2009[2004-05]Status: DisposedITAT Kolkata02 Mar 2016AY 2004-05

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2004-05 Stewarts & Lloyds Of India Ltd. -Versus- C.I.T., Circle-1, Kolkata Kolkata (Pan:Aaecs 0445G) (Appellant ) (Respondent)

For Appellant: Shri Soumen Adak, ACA & Shri Prakash Singh,ACAFor Respondent: Shri Radhey Shyam, CIT.DR
Section 143(3)Section 263

251,074 Less :- Indexed cost of acquisition (Note 1) 34,419,420 Long-term Capital Gain/(Loss) (3,168,346) Note-1 Indexed cost of acquisition is determined as under :- Estimated Fair market value of Land as on 01-04-1981 (Year of acquisition – 1971) [As per valuation report attached] 7,434,000 Indexed cost of acquisition

M/S. LEND LEASE COMPANY (INDIA) LTD.,KOLKATA vs. ITO, CIRCLE - 6, KOLKATA, KOLKATA

In the result the appeal of the assessee is partly allowed

ITA 526/KOL/2011[2005-06]Status: DisposedITAT Kolkata11 May 2016AY 2005-06

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 526/Kol/2011 Assessment Year : 2005-06

For Appellant: Shri A.K.Tulsiyan, FCA & Shri Amit Kr.Lal, ACAFor Respondent: Md.Ghayas Uddin, JCIT, Sr.DR
Section 143(3)Section 14ASection 251Section 263Section 48

251 of the Act seek to make any investigation on the question whether the income was short term capital gain or income from business. In support of his contention the learned counsel for the assessee placed reliance on the following decisions : a) R.K.Dave vs ITO (2005) 94 TTJ 19 (Jodhpur) wherein it was held that the powers

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. SHRI SAROJ KUMAR PODDAR, KOLKATA

In the result, the appeal of the Revenue is dismissed as not maintainable

ITA 2406/KOL/2019[2014-15]Status: DisposedITAT Kolkata29 Jun 2021AY 2014-15

Bench: Shri J. Sudhakar Reddy, Hon’Ble & Shri Aby T. Varkey, Hon’Ble]

Section 250

Section 56(2)(vii) of the that the department has conceded the ground of taxability under Section 56(2)(vii) of the that the department has conceded the ground of taxability under Section 56(2)(vii) of the Act. 10.4. The ld. CIT D/R further submitted that the power

ACIT, CIRCLE - 13(2), KOLKATA , KOLKATA vs. M/S. PADMA LOGISTICS & KHANIJ PRIVATE LIMITED , KOLKATA

In the result, the revenue’s appeal is partly allowed for statistical purposes

ITA 606/KOL/2018[2010-11]Status: DisposedITAT Kolkata22 May 2020AY 2010-11

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

Section 142(1)Section 143(2)Section 14ASection 2

Capital Gains. 12. We note that in this case the assessee has claimed the benefit of set off of losses and carry forward of losses of the demerged undertaking by virtue of section 72A( 4) of the Act and not u/s 72(1), section 73(2) section 73A(2) or sub-section (1) or sub- section (3) of section

ITO, WD-12(1), KOLKATA, KOLKATA vs. M/S WHITE CLIFF PROPERTIES (P) LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 1511/KOL/2015[2006-07]Status: DisposedITAT Kolkata10 Nov 2017AY 2006-07

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi

Section 143(3)Section 251

251 read with section 251/154/143(3)/147 of the Income Tax Act, 1961 dated 27.12.2013 computing the capital gain for the A.Y 2006-07. 4. Aggrieved, the assessee carried the matter on appeal. The First Appellate Authority considered the various submissions of the assessee and held as follows: “4.3 3 White Cliff Properties (P) Ltd I.T.A. No. 1511/KOL/2015 Assessment Year

SHRI SAROJ KUMAR PODDAR,KOLKATA vs. DCIT, CIRCLE - 6(1), KOLKATA , KOLKATA

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

ITA 1695/KOL/2017[2014-15]Status: DisposedITAT Kolkata16 Nov 2018AY 2014-15

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri S.S.Godara, Jm] Assessment Year : 2014-15 Shri Saroj Kumar Poddar -Versus- D.C.I.T., Circle-6(1) Kolkata Kolkata (Pan: Aftpp 2386 N) (Appellant) (Respondent) For The Appellant: Shri J.D.Mistry, Sr.Counsel, Sri Ronak G.Doshi & Shri A.K.Gupta, Ar For The Respondent: Shri Girish Dave, Special Counsel & Shri P.K.Srihari, Cit Date Of Hearing : 21.08.2018. Date Of Pronouncement : 16.11.2018 Order Per J.Sudhakar Reddy, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The Commissioner Of Income Tax-(A)-2, Kolkata Dated 10.07..2017 Passed U/S 250 Of The Income Tax Act, 1961 (The ‘Act ‘) Relating To A.Y. 2014-15, Wherein The Order Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act, 1961 (The ‘ Act’ ) Dated 30.12.2016 Was Confirmed.

For Appellant: Shri J.D.Mistry, Sr.Counsel, Sri Ronak G.Doshi &For Respondent: Shri Girish Dave, Special Counsel & Shri P.K.Srihari, CIT
Section 143(3)Section 250

capital gains”. After holding that the receipt in question is taxable under those heads, he ultimately held that the receipt is taxable under the head “income from other sources” for the reasons as given in his order. The law, in our view, does not place limitations as to the manner in which the AO proposed to tax particular receipt

SHREE PADMASAGAR EXPORTS PRIVATE LIMITED,KOLKATA vs. D.C.I.T CIR - 5,KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 1125/KOL/2013[2008-09]Status: DisposedITAT Kolkata12 Aug 2016AY 2008-09

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2008-09

Section 143(2)Section 143(3)

1. On the facts and in the circumstances of the appellant’s case and in law, the learned Commissioner of Income Tax (Appeals), VI, Kolkata [CIT(Appeals)] has erred in upholding the assessment of the sum of Rs.88,05,787 as income under the head of “Profits Gains of Business or Profession” as against the appellant’s claim

M/S. PEERLESS HOSPITEX HOSPITAL & RESEARCH CENTRE LTD.,KOLKATA vs. DCIT, CIRCLE - 11(2), KOLKATA, KOLKATA

In the result, both appeals of the assessee( in ITA No

ITA 737/KOL/2018[2009-10]Status: DisposedITAT Kolkata11 Dec 2019AY 2009-10

Bench: Shri A.T.Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.737 & 738/Kol/2018 ("नधा"रणवष" / Assessment Years:2009-10 & 2013-14)

For Appellant: Shri S. K. Tulsiyan, Advocate, Shri S. Dey, CA & Ms. Puja Somani, CAFor Respondent: Smt. Ranu Biswas, Addl. CIT
Section 115JSection 154Section 72

251 / 143(3) of the Act dated 01.04.2015 was passed. In the said order, the benefit of deduction of Rs. 2,95,24,689/- on account of brought forwards losses in the computation of book profits as per item No. (iii) of Explanation 1 to section 115JB of the Act was not allowed for the reason that the unabsorbed losses

M/S. PEERLESS HOSPITEX HOSPITAL & RESEARCH CENTRE LTD.,KOLKATA vs. DCIT, CIRCLE - 11(2), KOLKATA, KOLKATA

In the result, both appeals of the assessee( in ITA No

ITA 738/KOL/2018[2013-14]Status: DisposedITAT Kolkata11 Dec 2019AY 2013-14

Bench: Shri A.T.Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.737 & 738/Kol/2018 ("नधा"रणवष" / Assessment Years:2009-10 & 2013-14)

For Appellant: Shri S. K. Tulsiyan, Advocate, Shri S. Dey, CA & Ms. Puja Somani, CAFor Respondent: Smt. Ranu Biswas, Addl. CIT
Section 115JSection 154Section 72

251 / 143(3) of the Act dated 01.04.2015 was passed. In the said order, the benefit of deduction of Rs. 2,95,24,689/- on account of brought forwards losses in the computation of book profits as per item No. (iii) of Explanation 1 to section 115JB of the Act was not allowed for the reason that the unabsorbed losses

THE INSTITUTE OF INDIAN FOUNDRYMEN,KOLKATA vs. I.T.O., WARD - 1(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1123/KOL/2024[2018-2019]Status: DisposedITAT Kolkata15 Oct 2024AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]

Section 11Section 143(3)Section 2(15)Section 263

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether

THE INSTITUTE OF INDIAN FOUNDRYMEN ,KOLKATA vs. ITO, WARD- 1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1228/KOL/2023[2015-16]Status: HeardITAT Kolkata12 Apr 2024AY 2015-16

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether

THE INSTITUTE OF INDIAN FOUNDRYMEN. ,KOLKATA vs. ITO, WARD-1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1229/KOL/2023[2016-17]Status: HeardITAT Kolkata12 Apr 2024AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether

THE INSTITUTE OF INDIA FOUNDRYMEN,KOLKATA vs. ITO, WARD-1(3),EXEMPT, KOLKATA., KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1230/KOL/2023[2017-18]Status: HeardITAT Kolkata12 Apr 2024AY 2017-18

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether