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356 results for “capital gains”+ Section 71clear

Sorted by relevance

Mumbai1,829Delhi1,586Bangalore607Chennai555Ahmedabad521Jaipur364Kolkata356Hyderabad228Surat226Chandigarh203Pune160Indore154Karnataka143Cochin122Raipur83Visakhapatnam76Nagpur60Calcutta60Cuttack55Lucknow39Rajkot35Guwahati30Telangana23Amritsar21SC19Agra14Dehradun12Jodhpur12Allahabad10Ranchi8Jabalpur6Patna5Rajasthan4Kerala2Panaji2ASHOK BHAN DALVEER BHANDARI1Andhra Pradesh1

Key Topics

Section 143(3)68Addition to Income60Section 14A57Section 25040Disallowance40Section 115J37Section 26337Deduction35Section 234E30Capital Gains

DCIT CIR - 6,KOLKATA., KOLKATA vs. M/S K.B. CAPITAL MARKETS LTD., KOLKATA

In the result, the appeal by the Assessee is partly allowed, while the appeal by the revenue is dismissed

ITA 1882/KOL/2012[2008-2009]Status: DisposedITAT Kolkata13 May 2016AY 2008-2009

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 1882/Kol/2012 Assessment Year : 2008-09

For Appellant: Shri D.S.Damle, FCAFor Respondent: Shri Rajat Subhra. Biswas, CIT(DR) &
Section 10Section 111ASection 14ASection 94(7)

capital gain which would have reduced income chargeable at the rate of 10% and increased the business income chargeable at maximum marginal rate of 30%. I am satisfied that the expenditure disallowed by the appellant of Rs.3,29,338/- is far less than the actual expenditure incurred for earning income which does not form part of business Income

Showing 1–20 of 356 · Page 1 of 18

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26
Long Term Capital Gains25
Section 80I24

KB CAPITAL MARKETS (P) LTD.,KOLKATA vs. D.C.I,.T CIR - 6 , KOLKATA., KOLKATA

In the result, the appeal by the Assessee is partly allowed, while the appeal by the revenue is dismissed

ITA 1726/KOL/2012[2008-2009]Status: DisposedITAT Kolkata13 May 2016AY 2008-2009

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 1882/Kol/2012 Assessment Year : 2008-09

For Appellant: Shri D.S.Damle, FCAFor Respondent: Shri Rajat Subhra. Biswas, CIT(DR) &
Section 10Section 111ASection 14ASection 94(7)

capital gain which would have reduced income chargeable at the rate of 10% and increased the business income chargeable at maximum marginal rate of 30%. I am satisfied that the expenditure disallowed by the appellant of Rs.3,29,338/- is far less than the actual expenditure incurred for earning income which does not form part of business Income

RAGUVALIKA TRADING PVT LTD ( SINCE MERGED WITH M.M.MURARKA SHARE & SECURITIES PVT LTD),KOLKATA vs. D.C.I.T CIR - 4,KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

ITA 850/KOL/2013[2007-08]Status: DisposedITAT Kolkata14 Feb 2018AY 2007-08

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 848 To 850/Kol/2013 Assessment Years : 2005-06 To 2007-08 Ruguvalika Trading Pvt. Ltd. -Vs- Dcit, Circle-4, Kolkata (Since Merged With M.M. Murarka Share & Securities Pvt. Ltd. [Pan: Aabcr 5743 B] (Appellant) (Respondent)

For Appellant: Shri J.P.Khaitan, Sr. CounselFor Respondent: Shri P.K.Srihari, CIT
Section 143(3)

section 2 of the Income-tax Act, 1961 ('Act') defines the term "capital asset" to include property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock-in-trade or personal assets subject to certain exceptions. As regards shares and other securities, the same can be held either

RAGUVALIKA TRADING PVT LTD ( SINCE MERGED WITH M.M.MURARKA SHARE & SECURITIES PVT LTD),KOLKATA vs. D.C.I.T CIR - 4,KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

ITA 849/KOL/2013[2006-07]Status: DisposedITAT Kolkata14 Feb 2018AY 2006-07

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 848 To 850/Kol/2013 Assessment Years : 2005-06 To 2007-08 Ruguvalika Trading Pvt. Ltd. -Vs- Dcit, Circle-4, Kolkata (Since Merged With M.M. Murarka Share & Securities Pvt. Ltd. [Pan: Aabcr 5743 B] (Appellant) (Respondent)

For Appellant: Shri J.P.Khaitan, Sr. CounselFor Respondent: Shri P.K.Srihari, CIT
Section 143(3)

section 2 of the Income-tax Act, 1961 ('Act') defines the term "capital asset" to include property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock-in-trade or personal assets subject to certain exceptions. As regards shares and other securities, the same can be held either

RAGUVALIKA TRADING PVT LTD ( SINCE MERGED WITH M.M.MURARKA SHARE & SECURITIES PVT LTD),KOLKATA vs. D.C.I.T CIR - 4,KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

ITA 851/KOL/2013[2008-2009]Status: DisposedITAT Kolkata14 Feb 2018AY 2008-2009

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 848 To 850/Kol/2013 Assessment Years : 2005-06 To 2007-08 Ruguvalika Trading Pvt. Ltd. -Vs- Dcit, Circle-4, Kolkata (Since Merged With M.M. Murarka Share & Securities Pvt. Ltd. [Pan: Aabcr 5743 B] (Appellant) (Respondent)

For Appellant: Shri J.P.Khaitan, Sr. CounselFor Respondent: Shri P.K.Srihari, CIT
Section 143(3)

section 2 of the Income-tax Act, 1961 ('Act') defines the term "capital asset" to include property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock-in-trade or personal assets subject to certain exceptions. As regards shares and other securities, the same can be held either

RAGUVALIKA TRADING PVT LTD ( SINCE MERGED WITH M.M.MURARKA SHARE & SECURITIES PVT LTD),KOLKATA vs. D.C.I.T CIR - 4,KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

ITA 848/KOL/2013[2005-06]Status: DisposedITAT Kolkata14 Feb 2018AY 2005-06

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 848 To 850/Kol/2013 Assessment Years : 2005-06 To 2007-08 Ruguvalika Trading Pvt. Ltd. -Vs- Dcit, Circle-4, Kolkata (Since Merged With M.M. Murarka Share & Securities Pvt. Ltd. [Pan: Aabcr 5743 B] (Appellant) (Respondent)

For Appellant: Shri J.P.Khaitan, Sr. CounselFor Respondent: Shri P.K.Srihari, CIT
Section 143(3)

section 2 of the Income-tax Act, 1961 ('Act') defines the term "capital asset" to include property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock-in-trade or personal assets subject to certain exceptions. As regards shares and other securities, the same can be held either

RITA GUPTA,KOLKATA vs. DCIT, CEN. CIR.2(2), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 46/KOL/2024[2014-15]Status: DisposedITAT Kolkata06 Jun 2024AY 2014-15

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 10(38)Section 132Section 2(14)Section 45Section 45(1)Section 47

71 and 74. We observe from the perusal of section 2(14) of the Act that shares/securities are treated as capital asset and no exception has been provided in section 2(14) as has been provided in (i) to (vi) to the said section. Further the gain

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

gains under section 48 of the Act. Sub-clause (i) of that Section states that expenditure incurred wholly and exclusively in connection with the transfer of capital asset has to be deducted from full value consideration received or accruing. Preamble of the Conveyance Deed executed by the assessee along with Shri Nita Basu reads as under :— 'THIS INDENTURE made this

ITO, WARD - 12(1), KOLKATA, KOLKATA vs. M/S. LYONS & ROSES PVT. LTD., KOLKATA

In the result, the appeal of the revenue in ITA No

ITA 1148/KOL/2009[2005-06]Status: DisposedITAT Kolkata20 Jan 2016AY 2005-06

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

For Appellant: Shri Sanjay Mukherjee, JCIT, ld. Sr.DRFor Respondent: Shri R.N Bajoria, Sr. Advocate &
Section 143(3)Section 14A

71,90,242/- as short term capital gains after setting off carried forward losses of Rs. 10,06,203/-. Under the head ‘business income’, the Learned AO observed that the assessee had disclosed Rs. 3,09,988/- as profit from trading in shares. The assessee was carrying on both trading and investment activity in purchase and sale of shares / units

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

ITA 1928/KOL/2014[2009-2010]Status: DisposedITAT Kolkata20 Dec 2017AY 2009-2010

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

Section 143(3)Section 263Section 28Section 45(2)

section 28 provides, that the value of any benefit or perquisite, whether converted into money or not arising from business or the exercise of a profession shall be chargeable to income tax under the head profits or gains of business or profession. Since the benefit amounting to cost of construction of retained flats arose to the assessee form its business

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

ITA 1925/KOL/2014[2006-2007]Status: DisposedITAT Kolkata20 Dec 2017AY 2006-2007

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

Section 143(3)Section 263Section 28Section 45(2)

section 28 provides, that the value of any benefit or perquisite, whether converted into money or not arising from business or the exercise of a profession shall be chargeable to income tax under the head profits or gains of business or profession. Since the benefit amounting to cost of construction of retained flats arose to the assessee form its business

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

ITA 1927/KOL/2014[2008-2009]Status: DisposedITAT Kolkata20 Dec 2017AY 2008-2009

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

Section 143(3)Section 263Section 28Section 45(2)

section 28 provides, that the value of any benefit or perquisite, whether converted into money or not arising from business or the exercise of a profession shall be chargeable to income tax under the head profits or gains of business or profession. Since the benefit amounting to cost of construction of retained flats arose to the assessee form its business

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

ITA 1926/KOL/2014[2007-2008]Status: DisposedITAT Kolkata20 Dec 2017AY 2007-2008

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

Section 143(3)Section 263Section 28Section 45(2)

section 28 provides, that the value of any benefit or perquisite, whether converted into money or not arising from business or the exercise of a profession shall be chargeable to income tax under the head profits or gains of business or profession. Since the benefit amounting to cost of construction of retained flats arose to the assessee form its business

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

ITA 1929/KOL/2014[2010-2011]Status: DisposedITAT Kolkata20 Dec 2017AY 2010-2011

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

Section 143(3)Section 263Section 28Section 45(2)

section 28 provides, that the value of any benefit or perquisite, whether converted into money or not arising from business or the exercise of a profession shall be chargeable to income tax under the head profits or gains of business or profession. Since the benefit amounting to cost of construction of retained flats arose to the assessee form its business

INFINITY INFOTECH PARKS LTD.,KOLKATA vs. PCIT-1, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 32/KOL/2022[2017-18]Status: DisposedITAT Kolkata18 Apr 2022AY 2017-18

Bench: Shri A. T. Varkey, Jm & Shri Rajesh Kumar, Am ]

Section 143(3)Section 263Section 32Section 43(6)Section 50Section 72

capital gain arising from long term leases constitutes profits and gains derived from any business carried on by the assessee and therefore any brought forward loss which is assessed under the head ‘Profits & Gains of Business or Profession’ is eligible to be set-off in terms of Section 72(1)(i) of the Act. This according to the Revenue

DCIT, CIRCLE - 6 KOLKATA, KOLKATA vs. LOKENATH SARAF SECURITIES LTD., KOLKATA

In the result, the appeal of the revenue is dismissed as not maintainable and the appeal of the assessee is partly allowed

ITA 300/KOL/2011[2006-07]Status: DisposedITAT Kolkata03 Aug 2016AY 2006-07

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: S/Shri Ashwani Kumar, C.A & A.K. Jain, ARFor Respondent: Shri Aroop Kumar, CIT
Section 143(3)

Section 260A. No substantial question of law is raised. The appeal is accordingly dismissed.” ' It is pertinent to note that the decision of Bombay High Court was subjected to further appeal by the revenue before the Hon'ble Apex Court and the Special Leave Petition (SLP) was dismissed by the Supreme Court. 5.17. We also find that there

M/S. LOKNATH SARAF SECURITIES PVT. LTD.,KOLKATA vs. ACIT, CIRCLE - 6, KOLKATA, KOLKATA

In the result, the appeal of the revenue is dismissed as not maintainable and the appeal of the assessee is partly allowed

ITA 418/KOL/2011[2006-07]Status: DisposedITAT Kolkata03 Aug 2016AY 2006-07

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: S/Shri Ashwani Kumar, C.A & A.K. Jain, ARFor Respondent: Shri Aroop Kumar, CIT
Section 143(3)

Section 260A. No substantial question of law is raised. The appeal is accordingly dismissed.” ' It is pertinent to note that the decision of Bombay High Court was subjected to further appeal by the revenue before the Hon'ble Apex Court and the Special Leave Petition (SLP) was dismissed by the Supreme Court. 5.17. We also find that there

M/S. GATEWAY FINANCIAL SERVICES LTD., ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 982/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

capital loss /long- term capital gains as the case may be, we note that apart from placing reliance on the statements, the revenue authorities have also referred to the report of the investigation Wing which carried out search and survey in some other cases prior to the conclusion of assessment proceedings in the instant appeals and such investigation included

M/S. NISHIT AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 983/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

capital loss /long- term capital gains as the case may be, we note that apart from placing reliance on the statements, the revenue authorities have also referred to the report of the investigation Wing which carried out search and survey in some other cases prior to the conclusion of assessment proceedings in the instant appeals and such investigation included

PINKY AGARWAL ,KOLKATA vs. ACIT, CC-3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 984/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

capital loss /long- term capital gains as the case may be, we note that apart from placing reliance on the statements, the revenue authorities have also referred to the report of the investigation Wing which carried out search and survey in some other cases prior to the conclusion of assessment proceedings in the instant appeals and such investigation included