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12 results for “capital gains”+ Section 275(1)(c)clear

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Key Topics

Section 143(2)24Section 271(1)(c)17Section 143(3)15Section 689Section 10(38)8Addition to Income8Section 2506Section 1486Section 275(1)(c)4Penalty

AMITABHA SANYAL,KOLKATA vs. ITO, WARD-58(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed and the penalty levied is hereby deleted

ITA 359/KOL/2022[2011-2012]Status: DisposedITAT Kolkata05 Nov 2024AY 2011-2012

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Years: 2011-12 Amitabha Sanyal, Income Tax Officer, 108B, Block-F, New Alipore, Ward – 58(4), Kolkata, Kolkata – 700053 Vs Aayakar Bhawan, (Pan: Aleps2352J) Bamboo Villa, 169, A.J.C. Bose Road, Kolkata - 700014 (Appellant) (Respondent)

For Appellant: Shri Amitabha Sanyal, AssesseeFor Respondent: Shri P.P. Barman, CIT, Sr. DR
Section 139(1)Section 148Section 250Section 254(2)Section 271Section 271(1)(c)Section 275

275 of the Income Tax Act, 1961, to furnish return of total income under section 139(1) of the Act and when the amount of income of Rs. 22,95,849 arising in the hands of the Assessee was duly included in the return filed u/s 148 of the Act. 4 That, without prejudice to the above, the Assessing Officer

4
Unexplained Cash Credit3
Exemption3

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 in the reopening proceedings. I.T.A. No. 363/Kol/2023 Assessment Year: 2013-14 Sarika Dugar 3 6.1. On the other hand, the ld. D/R submitted that the order u/s 271(1)(c) of the Act is not barred by limitation as on account of Covid- 19 Pandemic, the limitation period was extended from time to time by the CBDT. Copies

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

Section 275(1)(c) of the Act expired before the framing of penalty order on 17/01/2022, we, however considering the fact that from March, 2021 onwards the country passed through Covid-19 Pandemic and various restrictions were made and period of limitation has been extended by the Hon’ble Supreme Court in the case of suo moto Writ Petition (C

M/S. TEGA INDUSTRIES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

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

ITA 1875/KOL/2024[2020-2021]Status: DisposedITAT Kolkata11 Dec 2025AY 2020-2021

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 144Section 144C(5)Section 92BSection 92CSection 92C(3)

c) capital financing, including any type of long-term or short-term borrowing, lending or guarantee, purchase or sale of marketable securities or any type of advance, payments or deferred payment or receivable or any other 99debt arising during the course of business; (d) provision of services, including provision of market research, market development, marketing management, administration, technical service, I.T.A

NARAYAN SUPPLIERS PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(3), KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

ITA 1077/KOL/2024[2011-2012]Status: DisposedITAT Kolkata08 Sept 2025AY 2011-2012
Section 10(38)

Gain to claim\ndeduction u/s 10(38) of the Act or Short Term Capital Loss or\nbusiness loss. But he failed to detect how your appellant is related\nwith the story. It is also beyond the Assessing Officer's as well as the\nLd. CIT(A)'s capacity because neither your appellant claimed\ndeduction

NISHA BAHETI,KOLKATA vs. ACIT, CIR-11(2), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1199/KOL/2023[2015-16]Status: DisposedITAT Kolkata02 May 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Nisha Baheti C/O S.N. Ghosh & Associates, Acit, Cir-11(2), Advocates 2, Garstin Place, Aaykar Bhavan, P-7, 2Nd Floor, Suite No.203, Off Chowringhee Square, Vs. Hare Street, Kolkata-700001, Kolkata-700069, West Bengal West Bengal (Appellant) (Respondent) Pan No. Ahmpb0320M Assessee By : Shri Somnath Ghosh, Ar Revenue By : Ms. Roma Chaudhary, Dr Date Of Hearing: 21.04.2025 Date Of Pronouncement : 02.05.2025

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Ms. Roma Chaudhary, DR
Section 10(38)Section 127(3)Section 142(1)Section 143(2)Section 143(3)

Capital Gain on sale of script of Surabhi Chemical & Investments Ltd. Which was claimed u/s 10(38) of the Act as exempt. 04. In the appellate proceedings, the ld. CIT (A) dismissed the appeal of the assessee by holding that the burden of proof was not discharged by the assessee by proving the purchase and sales of the shares

MINTU DAS,KOLKATA vs. ACIT, CIR. 28, KOLKATA

In the result, appeal of the assessee is allowed as per terms indicated above

ITA 8/KOL/2024[2015-16]Status: DisposedITAT Kolkata06 Jan 2025AY 2015-16

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.08/Kol/2024 Assessment Year: 2015-16 Mintu Das………………………...………........………………....Appellant C/O S. N. Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Kolkata –1. [Pan: Adppd3034M] Vs. Acit, Circle-28, Kolkata…….……….…............................…..…..... Respondent Appearances By: Shri Somnath Ghosh, Advocate, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 21, 2024 Date Of Pronouncing The Order : January 06, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.11.2023 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’) Pertaining To Assessment Year 2015-16. 2. In This Appeal, The Assessee Challenged The Validity Of The Assessment Proceedings Completed U/S 143(3) Of The Act & Consequent To That, An Addition Of Rs.69,42,916/- U/S 68 R.W.S. 115Bbe Of The Act & Further Addition Of A Sum Of Rs.4,86,004/- U/S 69 R.W.S. 115Bbe Of The Act. 3. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income On 28.09.2015 By Declaring A Total Income Of Rs.16,50,920/-. The Case Of The Assessee Was Selected For Scrutiny Under Compulsory

Section 10(38)Section 115BSection 143(2)Section 143(3)Section 250Section 68Section 69

capital gain (LTCG) of Rs.66,82,916/- claimed as exempt u/s 10(38) of the Act arose from sale of shares of Kailash Auto Finance. Notices u/s 143(2) and 142(1) of the Act were issued and the assessee submitted supporting documents including brokers note for purchase of shares, sale contract notes of sale of shares and bank statement

HARBANS SINGH BAGGA,KOLKATA vs. DCIT,CIR-11(1), KOLKATA. , KOLKATA

In the result, appeal of the assessee is allowed

ITA 1231/KOL/2023[2014-15]Status: DisposedITAT Kolkata11 Sept 2024AY 2014-15

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.1231/Kol/2023 Assessment Year: 2014-15 Harbans Singh Bagga.…....………………………… ........................……Appellant A-7 Rajasthali, No-3 Jamadar Khan Lane Near Copper House, Kolkata – 700019. [Pan: Afbpb0526J] Vs. Dcit, Circle-11(1), Kolkata................…................…........……...…..…..Respondent Appearances By: Shri Sunil Surana, 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 13, 2024 Date Of Pronouncing The Order : September 11, 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 Contested The Addition Made By The Assessing Officer Of Rs.1,14,41,888/- Treating The Long-Term Capital Gains Claimed By The Assessee As Bogus. The Assessee Has Contested The Validity Of The Aforesaid Additions Not Only On Merits But Also On The Ground That The Concerned Assessing Officer Did Not Have The Pecuniary Jurisdiction To Pass The Assessment Order In Question By Way Of Additional Legal Ground. Since The Additional Legal Ground Taken By The

Section 120Section 143(2)Section 143(3)Section 250

capital gains claimed by the assessee as bogus. The assessee has contested the validity of the aforesaid additions not only on merits but also on the ground that the concerned Assessing Officer did not have the pecuniary jurisdiction to pass the assessment order in question by way of additional legal ground. Since the additional legal ground taken by the I.T.A

DEEPAK KEDIA,KOLKATA vs. ACIT, CIR-43, KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

ITA 881/KOL/2023[2014-15]Status: DisposedITAT Kolkata03 Nov 2023AY 2014-15

Bench: Sri Rajesh Kumar & Sonjoy Sarma

Section 143(2)Section 143(3)

capital gain in penny stocks. Accordingly, notice u/s 143(2) of the Act was issued on 28.08.2015 which was duly served upon the assessee and finally the assessment was framed vide order dated 27.12.2016 passed u/s 143(3) of the Act by ACIT, Circle-43, Kolkata. 4. According to Ld. Counsel for the assessee since the income tax return filed

ACIT, CIR.-29,, KOLKATA vs. M/S STEEL AUTHORITY OF INDIA EMPLOYEES CO-OP. CR. SOCIETY LTD., KOLKATA

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

ITA 268/KOL/2023[2018-19]Status: DisposedITAT Kolkata09 Aug 2023AY 2018-19

Bench: Dr. Manish Borad & Shri Sonjoy Sarma] I.T.A. No. 268/Kol/2023 Assessment Year : 2018-19 Acit, Circle-29, Kolkata Vs. M/S. Steel Authority Of India Employees Co-Operative Credit Society Limited Pan: Aadas 9699 B Appellant Respondent Date Of Hearing 15.05.2023 Date Of Pronouncement 09.08.2023 For The Assessee Shri S.K. Tulsiyan, Advocate & Mrs. Puja Somani, Ca For The Revenue Smt. Ranu Biswas, Addl. Cit, Dr Order Per Sonjoy Sarma, Jm: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 20.12.2022 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’). The Revenue Has Raised The Following Grounds Of Appeal:

Section 143(2)Section 144Section 14ASection 250Section 36(1)(ii)Section 80PSection 80P(2)(a)

c) Addition on account of disallowance u/s 14A Rs. 2,42,05,275/-. Total income assessed Rs. 2,99,60,362/-.” 4. Dissatisfied with the above order, assessee preferred an appeal before the ld. CIT(A) where the appeal of the assessee was allowed by observing as follows: “7.1. The argument of the appellant in this regard, is that, there

DCIT, CC-3(3), KOLKATA, KOLKATA vs. TULSYAN AND SONS PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 812/KOL/2023[2011-12]Status: DisposedITAT Kolkata18 Jan 2024AY 2011-12

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 143(2)Section 148Section 4Section 68

C Appellant Respondent Date of Hearing 22.11.2023 Date of Pronouncement 18.01.2024 For the Assessee Mr. N.S. Saini, AR & Ms. Priyanka Salarpuria, AR For the Revenue Mr. P.P. Barman, Addl. CIT ORDER Per Sonjoy Sarma, JM: The instant appeal is preferred by the revenue against the order of ld. CIT(A)-21, Kolkata dated 10.05.2023. The revenue has raised the following

M/S ARROWSPACE TRADECOM PVT. LTD.,KOLKATA vs. ITO, WARD-10(2), KOLKATA

In the result, in light of the discussion made above, this appeal is dismissed

ITA 344/KOL/2024[2016-17]Status: DisposedITAT Kolkata16 Oct 2024AY 2016-17

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 234BSection 234DSection 271(1)(c)

gain in any way by the said delay. I.T.A. No.: 344/KOL/2024 Assessment Year: 2016-17 M/s. Arrowspace Tradecom Pvt. Ltd. 1.1. Considering the contents of this application, the delay is condoned and this appeal is admitted for adjudication. The grounds of appeal are as under: “1. That the Impugned assessment order dated 14-10-2016 passed