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10 results for “capital gains”+ Section 40A(2)(b)clear

Sorted by relevance

Mumbai185Delhi95Jaipur42Bangalore40Hyderabad32Raipur32Chennai30Ahmedabad24Chandigarh21Visakhapatnam15Indore15Kolkata10Pune8Lucknow7Cochin6Surat4Patna3Amritsar2Cuttack2Jodhpur1Dehradun1Guwahati1

Key Topics

Section 25011Addition to Income9Section 1476Deduction6Condonation of Delay5Section 43B4Limitation/Time-bar4Section 56(2)(x)3Section 143(3)

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

ITA 312/KOL/2024[2017-18]Status: DisposedITAT Kolkata09 Oct 2024AY 2017-18

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 194C

B & R). During the assessee filed return of income declaring total income of Rs. 22,46,110/- on 03.11.2017. The case of the assessee was selected for scrutiny under CASS and statutory notices were duly issued and served to the assessee. During the course of assessment proceedings, the AO observed that the gross receipt of assessee were

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

ITA 336/KOL/2020[2014-15]Status: DisposedITAT Kolkata20 Jan 2023AY 2014-15

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

3
Section 143(1)2
Section 1482
Section 2(47)(vi)2
Section 250Section 43B

capital work-in- progress and was never charged to the profit and loss account and, therefore, the provisions of section 43B of the Act are not applicable. We accordingly set aside the order of the ld. CIT(Appeals) and direct the ld. Assessing Officer to delete the disallowance of Rs. 17,29,58,525/-. Consequently ground no. 1 is allowed

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

ITA 335/KOL/2020[2012-13]Status: DisposedITAT Kolkata20 Jan 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

capital work-in- progress and was never charged to the profit and loss account and, therefore, the provisions of section 43B of the Act are not applicable. We accordingly set aside the order of the ld. CIT(Appeals) and direct the ld. Assessing Officer to delete the disallowance of Rs. 17,29,58,525/-. Consequently ground no. 1 is allowed

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

ITA 333/KOL/2020[2007-08]Status: DisposedITAT Kolkata20 Jan 2023AY 2007-08

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

capital work-in- progress and was never charged to the profit and loss account and, therefore, the provisions of section 43B of the Act are not applicable. We accordingly set aside the order of the ld. CIT(Appeals) and direct the ld. Assessing Officer to delete the disallowance of Rs. 17,29,58,525/-. Consequently ground no. 1 is allowed

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

ITA 334/KOL/2020[2009-10]Status: DisposedITAT Kolkata20 Jan 2023AY 2009-10

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

capital work-in- progress and was never charged to the profit and loss account and, therefore, the provisions of section 43B of the Act are not applicable. We accordingly set aside the order of the ld. CIT(Appeals) and direct the ld. Assessing Officer to delete the disallowance of Rs. 17,29,58,525/-. Consequently ground no. 1 is allowed

TAMAL KUNDU,KOLKATA vs. A.C.I.T., CIRCLE - 37, , KOLKATA

The appeal of the assessee stands partly allowed

ITA 1797/KOL/2024[2018-2019]Status: HeardITAT Kolkata20 Nov 2024AY 2018-2019

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No. 1797/Kol/2024 Assessment Year: 2018-19

For Appellant: Shri Anup Sinha, ARFor Respondent: Shri P.P. Barman, Addl. CIT
Section 2(47)(vi)Section 234ASection 250Section 56(2)(X)Section 56(2)(x)

B” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER I.T.A. No. 1797/KOL/2024 Assessment Year: 2018-19 Tamal Kundu Income Tax Officer, Vs 40A, W.C. Banerjee Street, Girish National E-Assessment Centre, Park, Kolkata-700006, West Delhi, ACIT, Circle-37, 3, Bengal government place, [PAN : ALQPK8796A] (West), Kolkata-700001, West Bengal अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent) Assessee

SRI RUDRAPRASAD MANDAL,MEDINIPUR vs. DCIT, CIR. 27(1), HALDIA

In the result, appeal of the assessee is allowed

ITA 702/KOL/2024[2017-18]Status: DisposedITAT Kolkata08 Oct 2024AY 2017-18

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

Section 139(1)Section 143(3)Section 40A(3)

40A(3) and(ii) sundry creditors mismatch of Rs. 2,00,000/- after making the enquiries which were apparently outside the scope of limited scrutiny as the AO has not converted the limited scrutiny into complete scrutiny with prior approval of the Ld. PCIT which in our opinion is in incomplete disregard of the Instruction No. 5/2016 issued by CBDT

BARDHAMAN DISHARI SHRAMIK O JANAALYAN SAMABAY SAMITY LIMITED,BURDWAN vs. A.C.I.T., CIRCLE - 1, BURDWAN, BURDWAN

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

ITA 1722/KOL/2024[2008-2009]Status: DisposedITAT Kolkata10 Mar 2025AY 2008-2009

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 143(3)Section 263Section 40aSection 80P

40a(ia) of the Act. Further addition of Rs. 5,000/- on account of donation was also deleted but balance additions were confirmed. Aggrieved by the said order the assessee preferred an appeal before the ITAT. The ITAT in its order dated 03.03.2015 set aside the case back to the file by the Ld. CIT(A) with the following comments

M/S. DELIGHTED HOLDINGS (P) LTD. ,KOLKATA vs. DCIR, CIR-8(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 624/KOL/2023[2011-12]Status: DisposedITAT Kolkata08 Jan 2024AY 2011-12

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(1)Section 147Section 148

Capital Gain earned in a dubious manner, 8. The details of information have’ been discussed -in the body of the assessment order. Keeping in view the above facts necessary approvals for reopening the case were taken from PCIT-3, Kolkata [the competent authority] as per Act. Notice u/s 148 of the 1. T. Act, 1961 was issued to the assessee

ITO, WARD-1(1), KOLKATA vs. M/S GEMINI COMMERCE, KOLKATA

In the result, appeal of the revenue is dismissed

ITA 14/KOL/2021[2014-15]Status: DisposedITAT Kolkata15 Mar 2023AY 2014-15

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 14/Kol/2021 Assessment Year: 2014-15 Income Tax Officer, Ward - 11(1), M/S. Gemini Commerce Pvt. Ltd. Kolkata Vs 8A, Brown Field Row Kolkata - 700027 [Pan : Aadcg0842J] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, Advocate Revenue By : Shri Ranu Biswas, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 01/02/2023 घोषणा क" तारीख /Date Of Pronouncement: 15/03/2023 आदेश/O R D E R Per Dr. Manish Borad: This Is The Appeal Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-4, Kolkata (Hereinafter Referred To As The Ld. Cit(A)”], Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’), Dated 21/09/2022 For The Assessment Year 2014-15. 2. The Registry Has Pointed Out That There Is A Delay Of Six (6) Days In Filing Of This Appeal In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing The Appeal In Time Before The Tribunal. Hence, The Delay Is Condoned & The Appeal Is Admitted. 3. The Revenue Has Filed The Following Grounds Of Appeal:- “1. Whether On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Was Justified In Deleting The Addition Of Rs.5,61,00,000/- Made By The Assessing Officer On Account Of Sale Of Unquoted Shares In The Course Of

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Ranu Biswas, Addl. CIT, D/R
Section 143(2)Section 250Section 68

2. Grade Suppliers Pvt. 14/2, Old China AAECG0150E 32,50,000 Ltd. Bazar Street, 2nd Floor, Room No.1391A, Kolkata-700001. 3. Jhankar Dealers Pvt. P-22, Swallow AACCJ2416N 20,00,000 Ltd. Lane, Ground Floor, Kolkata- 700001. Total 62,50,000 4. In response to the notice issued u/s 142(1) of the Act the assessee furnished the details