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10 results for “capital gains”+ Section 55Aclear

Sorted by relevance

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Key Topics

Section 50C15Addition to Income8Section 143(3)7Section 2506Capital Gains6Section 143(1)5Section 55A5Section 50C(2)4Long Term Capital Gains4Section 143(2)

RAI BHAGWAN DAS BAGLA BAHADURS MARWARI HINDU HOSPITAL,KOLKATA vs. I.T.O., WARD - 49(3) NOW, I.T.O., WARD - 44(2), KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

ITA 1119/KOL/2024[2016-2017]Status: DisposedITAT Kolkata19 Dec 2024AY 2016-2017

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Rai Bhagwan Das Bagla Ito, Ward-49(3), Bahadurs Marwari Hindu 3, Govt. Place (West), Hospital Kolkata-700001, Vs. 1, R.N. Mukherjee Road, Martin West Bengal Burn House, Kolkata-700001 (Appellant) (Respondent) Pan No. Aactr1297C Assessee By : Shri Soumitra Choudhary, Ar Revenue By : Shri Prabhakar Prakash Ranjan, Dr Date Of Hearing: 05.12.2024 Date Of Pronouncement : 19.12.2024

For Appellant: Shri Soumitra Choudhary, ARFor Respondent: Shri Prabhakar Prakash Ranjan, DR
Section 142(1)Section 45Section 50Section 50C

55A. Rai Bhagwan Das Bagla Bahadurs Marwari Hindu Hospital; A.Y. 16-17 010. We also note that the ld. CIT (A) has treated the gain as Short-Term Capital Gain u/s 50, though the property was sold with existing tenants and was assessed towards rental receipt as income from house property. In our opinion, the section

3
Section 54E3
Limitation/Time-bar2

M/S ESTIN TIE UP PVT. LTD.,KOLKATA vs. A.C.I.T., CENTRAL CIRCLE-1(2), KOLKATA

In the result, the two cross appeals filed by the assessee as well as the Revenue are partly allowed for statistical purposes

ITA 32/KOL/2020[2013-14]Status: DisposedITAT Kolkata20 Nov 2025AY 2013-14

Bench: Shri Duvvuru Rl Reddy & Shri Rakesh Mishra

Section 143(3)Section 50C(1)Section 55A

capital gain is concerned may be deleted.” II. ITA No. 141/KOL/2020: “1. Ld. CIT(A) has erred in law as well as on facts of case in relying merely on assessee's submission without appreciating the fact that the actual intention of the assessee was to increase the value of the property from Rs. 8.50 crores to 90 crores with

A.C.I.T.,CENTRAL CIRCLE-1(2), KOLKATA vs. M/S ESTIN TIE UP PVT. LTD., KOLKATA

In the result, the two cross appeals filed by the assessee as well as the Revenue are partly allowed for statistical purposes

ITA 141/KOL/2020[2013-14]Status: DisposedITAT Kolkata20 Nov 2025AY 2013-14

Bench: Shri Duvvuru Rl Reddy & Shri Rakesh Mishra

Section 143(3)Section 50C(1)Section 55A

capital gain is concerned may be deleted.” II. ITA No. 141/KOL/2020: “1. Ld. CIT(A) has erred in law as well as on facts of case in relying merely on assessee's submission without appreciating the fact that the actual intention of the assessee was to increase the value of the property from Rs. 8.50 crores to 90 crores with

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

ITA 372/KOL/2021[2014-15]Status: DisposedITAT Kolkata17 Sept 2024AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

For Appellant: Sriram Sashdari, ARFor Respondent: Rakesh Kumar Das, CIT, DR
Section 250Section 43(6)Section 50CSection 50C(2)Section 928

capital asset to DVO in ac- cordance with section 55A. Further, in S Muthuraja vs CIT (2013) 37 Таx- mann.com 35a (Mad HC), Hon'ble Madras High Court has held that where the assessee objects to the adoption of stamp duty valuation as deemed sale consid- eration during the assessment proceedings, the AD is duty-bound to make

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

ITA 373/KOL/2021[2015-16]Status: DisposedITAT Kolkata17 Sept 2024AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

For Appellant: Sriram Sashdari, ARFor Respondent: Rakesh Kumar Das, CIT, DR
Section 250Section 43(6)Section 50CSection 50C(2)Section 928

capital asset to DVO in ac- cordance with section 55A. Further, in S Muthuraja vs CIT (2013) 37 Таx- mann.com 35a (Mad HC), Hon'ble Madras High Court has held that where the assessee objects to the adoption of stamp duty valuation as deemed sale consid- eration during the assessment proceedings, the AD is duty-bound to make

BIMLA DEVI AGRAWAL,KOLKATA vs. A.C.I.T./D.C.I.T., CIRCLE - 34, KOLKATA, KOLKATA

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

ITA 1690/KOL/2024[2017-2018]Status: DisposedITAT Kolkata31 Oct 2025AY 2017-2018

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 142(1)Section 143(2)Section 143(3)Section 153Section 155(15)Section 250

55A can be made for a limited purpose as prescribed under section 50C. {emphasis supplied}. 6.2. It is seen from records and the Paper Books filed in the present case, the Assessing Officer referred the transaction to the Valuation Officer, Sholapur under section 142A on 09.11.2017 to ascertain the Fair Market Value as on the date of sale. The Valuation

MANICK CHANDRA PAUL,KOLKATA vs. DCIT, CIRCLE - 8(1), KOLKATA

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

ITA 614/KOL/2024[2014-15]Status: DisposedITAT Kolkata02 Jul 2024AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2014-15

For Appellant: Shri S. K. Tulsiyan, AdvocateFor Respondent: Shri Chandan Das, Addl. CIT, Sr. DR
Section 143(3)Section 2(47)Section 250Section 55ASection 80

55A r.w.s. 142A of the Act before finally computing the capital gains/loss in the hands of the assessee and the Ld. CIT(A) has illogically upheld such unlawful action of the AO on the sole allegation that the valuer visited the property after the assessee sold the same. 4. That, without any prejudice to the above

JAGANNATH DATTA ,KOLKATA vs. ITO,WARD-24(1),KOLKATA, KOLKATA

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

ITA 718/KOL/2023[2011-12]Status: DisposedITAT Kolkata02 Nov 2023AY 2011-12

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2010-11

For Appellant: Shri Vigyaneshwar Nath Datta, AdvocateFor Respondent: Shri L. N. Dash, JCIT
Section 143(3)Section 50C

capital gain addition in the hands of the assessee which are already narrated above. He categorically pointed out that identical issue was raised in the hands of wife of the assessee i.e. Smt. Angana Datta since it was a transaction of an immovable property wherein there were joint owners including assessee. He submitted that in the case of wife

SOUMITRA KUMAR SHAW,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 43 KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 355/KOL/2025[2016-17]Status: DisposedITAT Kolkata22 May 2025AY 2016-17

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 143(2)Section 50CSection 55A

capital gain. The Ld. CIT(A) further submits that the Ld. CIT(A) on the one hand has observed that the AO should have referred the property for the valuation of the valuation officer appointed by the income tax department as per Section 55A

PRANAB KUMAR DANA,BANKURA vs. I.T.O., WARD - 3(1),, BANKURA

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

ITA 539/KOL/2025[2019-2020]Status: DisposedITAT Kolkata25 Aug 2025AY 2019-2020

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(1)Section 250Section 50CSection 50C(2)Section 54E

capital gains has to be computed as per the provisions of section 50C. Since, the stamp duty value of the said property is more than the actual sale consideration the stamp duty value has to be adopted for computing the LTCG. Therefore, this ground of appeal is dismissed. Further, the Appellant has requested that deduction u/s 54EC amounting