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5 results for “capital gains”+ Section 53Aclear

Sorted by relevance

Hyderabad57Delhi33Mumbai24Chennai24Bangalore21Patna16Pune13Visakhapatnam9Chandigarh6Kolkata5Indore4Nagpur4Cochin4Lucknow4Surat4Jaipur2Rajkot1Amritsar1Cuttack1

Key Topics

Section 143(3)9Section 80I5Section 2(47)(v)4Section 1483Section 2633Deduction3Limitation/Time-bar3Addition to Income3Section 1512

SHUVRO CHATTARAJ,KOLKATA vs. PCIT , BURDWAN

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

ITA 226/KOL/2022[2015-16]Status: DisposedITAT Kolkata28 Aug 2024AY 2015-16

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2015-16

For Appellant: Shri Vinod Kumar Jain, FCAFor Respondent: Shri Subhendu Datta, CIT, DR
Section 143(3)Section 263Section 54E

gains", and shall be deemed to be the income of the previous year in which the transfer took place. The transfer is defined under section 2(47) of the Act as under: 2(47) "transfer", in relation to a capital asset, includes,— (i) the sale, exchange or relinquishment of the asset; or (ii) the extinguishment of any rights therein

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

Section 1472
Section 801A2
Condonation of Delay2

In the result, considering the discussions made above, the appeal filed by the Revenue is partly allowed and the cross objection filed by the assessee are dismissed

ITA 473/KOL/2018[2007-08]Status: DisposedITAT Kolkata13 Sept 2024AY 2007-08

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(3)Section 144C(3)Section 62Section 801ASection 80I

gains arising there from should be computed as short- term capital asset. To examine the correctness of such decision, it is to necessary to take note of the definition of 'short-term capital asset' under section 2(42A). [Para 8] ■ In terms of the above definition, short-term capital asset means a capital asset held by an assessee

M/S. NKA COMMERCIAL PVT. LTD. (SUCCESSOR OF M/S. NK ENTERPRISES (P) LTD,SINCE AMALGAMATED),KOLKATA vs. ITO,WD-3(1), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1106/KOL/2023[2015-16]Status: DisposedITAT Kolkata26 Dec 2023AY 2015-16

Bench: Shri Rajesh Kumari.T.A. No. 1106/Kol/2023 Assessment Year: 2015-2016 M/S. Nka Commercialprivate Limited,.........Appellant (Successor Of M/S. Nk Enterprises (P) Ltd. Since Amalgamated) Unit 1304, Plot No. Ai-4, Ergo Building, Ep/Gp Block, Sector-V, Salt Lake, Kolkata-700091 [Pan: Aaccn3159Q] -Vs.- Income Tax Officer,.................................Respondent Ward-3(1), Kolkata, Aayakar Bhawan, 4Th Floor, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Ankit Jalan, A.R., Appeared On Behalf Of The Assessee Shri Amitava Sen, Addl. Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : December 18, 2023 Date Of Pronouncing The Order: December 26, 2023 O R D E R

Section 143(3)Section 2(47)(v)

capital gain has wrongly been computed and 3 Assessment Year: 2015-2016 M/s.NKA Commercial Private Limited charged to tax. The ld. A.R. relied on the decision of the Hon’ble Jurisdictional High Court in the case of PCIT –vs.- Emporis Properties Pvt. Limited reported in (2023) 151 taxmann.com 64 (Calcutta), wherein a similar issue has been decided in favour

DCIT, CC-1(4), KOLKATA, KOLKATA vs. KKALPANA INDUSTRIES INDIA LIMITED, KOLKATA

In the result, appeal of the revenue is dismissed

ITA 452/KOL/2025[2016-17]Status: DisposedITAT Kolkata25 Jun 2025AY 2016-17

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.452/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2016-2017) Dcit, Cc-1(4), Kolkata Vs Kkalpana Industries India Ltd. 2B, Pretoria Street, Middleton Row, Kolkata-700071 Pan No. :Aabck 2239 D (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca रधजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 24/06/2025 घोषणा की तारीख/Date Of Pronouncement : 25/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Revenue Against The Order Dated 13.11.2024, Passed By The Ld. Cit(A), Kolkata-20, Passed In Din & Order No.Itba/Apl/S/250/2024-25/1070338584(1), For The Assessment Year 2016-2017. 2. Shri P.N.Barnwal, Ld.Cit-Dr Appeared On Behalf Of The Revenue & Shri S.K.Tulsiyan, Advocate With Ms. Puja Somani, Ca, Appeared On Behalf Of The Assessee. 3. A Perusal Of The Appeal Record, We Find That The Appeal Of The Revenue Has Been Filed Belatedly By 28 Days. In This Regard, The Revenue Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons Which Are Plausible & Not Found To Be False. Thus, The Delay Of 28 Days In Filing The Appeal Is Condoned & Appeal Is Admitted For Hearing.

For Appellant: Shri S.K.Tulsiyan, Advocate and Ms. Puja Somani, CAFor Respondent: Shri P.N.Barnwal, CIT-DR
Section 143(3)Section 148Section 45

gains of business, the break-up of Rs.26.69 cr and the reasons as to why the assessee is eligible to claim the same was submitted as follows: Particulars Rs. in Remarks crores Extraordinary Item 26.69 Claim not received from the debited in profit and Insurance Company debited in profit Loss A/c (a) and Loss A/c, being loss incurred

AJAY TRADING COMPANY,KOLKATA vs. ACIT, CENTRAL CIR. 3(2), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 120/KOL/2022[2012-13]Status: DisposedITAT Kolkata02 Feb 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 151Section 68

53A/ 143(3) of the IT Act. It is important to highlight here that materials facts relevant for the assessment on the issue(s) under consideration were not filed during the course of assessment proceedings . For the forestated reasons, it is not a case of change of opinion by the AO.in this case, since more than four years have lapsed