BharatTax.net
SearchITATHigh CourtsSupreme CourtAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

14 results for “capital gains”+ Section 801A(8)clear

Sorted by relevance

Mumbai92Delhi36Ahmedabad20Hyderabad19Kolkata14Jaipur12Rajkot11Cuttack10Chennai9Pune5Dehradun4Jodhpur3Bangalore3Lucknow3Cochin2Indore2Raipur2Guwahati1

Key Topics

Section 80I33Section 14A23Section 92C12Transfer Pricing10Deduction9Section 115J7Section 801A6Disallowance6Addition to Income6Section 35

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

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

801A after adjusting entire interest by applying provision u/s. 80IA(10) whereas on fact the said interest is relatable to both normal income and income eligible u/s. 80IA of the Act. 7. That on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in allowing the claim of the assessee u/s. 80IA ignoring

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

5
Section 143(1)5
Section 143(2)5

In the result all the four appeals of the revenue are dismissed

ITA 1081/KOL/2025[2020-21]Status: DisposedITAT Kolkata26 Aug 2025AY 2020-21

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

For Appellant: Shri S.K. Tulsiyan, &For Respondent: Shri Praveen Kishore, DR
Section 80Section 92C

gains on the basis of the rate chargeable by the distribution licensee from the consumer and that the benefit could only be claimed on the basis of the rates fixed by the tariff regulatory commission for sale of electricity by the generating company. Facts being clearly distinguishable, this decision can be of no assistance to the revenue. ITA No.1079

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

ITA 1082/KOL/2025[2021-22]Status: DisposedITAT Kolkata26 Aug 2025AY 2021-22

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

For Appellant: Shri S.K. Tulsiyan, &For Respondent: Shri Praveen Kishore, DR
Section 80Section 92C

gains on the basis of the rate chargeable by the distribution licensee from the consumer and that the benefit could only be claimed on the basis of the rates fixed by the tariff regulatory commission for sale of electricity by the generating company. Facts being clearly distinguishable, this decision can be of no assistance to the revenue. ITA No.1079

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

ITA 1079/KOL/2025[2017-18]Status: DisposedITAT Kolkata26 Aug 2025AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

For Appellant: Shri S.K. Tulsiyan, &For Respondent: Shri Praveen Kishore, DR
Section 80Section 92C

gains on the basis of the rate chargeable by the distribution licensee from the consumer and that the benefit could only be claimed on the basis of the rates fixed by the tariff regulatory commission for sale of electricity by the generating company. Facts being clearly distinguishable, this decision can be of no assistance to the revenue. ITA No.1079

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

ITA 1080/KOL/2025[2018-19]Status: DisposedITAT Kolkata26 Aug 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

For Appellant: Shri S.K. Tulsiyan, &For Respondent: Shri Praveen Kishore, DR
Section 80Section 92C

gains on the basis of the rate chargeable by the distribution licensee from the consumer and that the benefit could only be claimed on the basis of the rates fixed by the tariff regulatory commission for sale of electricity by the generating company. Facts being clearly distinguishable, this decision can be of no assistance to the revenue. ITA No.1079

PCBL LIMITED,KOLKATA vs. A.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2034/KOL/2024[2020-2021]Status: DisposedITAT Kolkata10 Jun 2025AY 2020-2021

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 115JSection 143(1)Section 143(2)Section 14ASection 35Section 35(2)(ab)Section 37Section 80GSection 80ISection 92C

gains from specified business as per provision of Section 80IA of the Act. His further submission is that the Ld. CIT(A) did wrong in fact and law in deleting the addition u/s 14A read with Rule 8D of the Act. The Ld. D.R has further 5 I.T.A. Nos. 2456 to 2459/Kol/2024 Assessment Years

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(1), KOLKATA, KOLKATA vs. PHILIPS CARBON BLACK LTD , KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2459/KOL/2024[2021-22]Status: DisposedITAT Kolkata10 Jun 2025AY 2021-22

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 115JSection 143(1)Section 143(2)Section 14ASection 35Section 35(2)(ab)Section 37Section 80GSection 80ISection 92C

gains from specified business as per provision of Section 80IA of the Act. His further submission is that the Ld. CIT(A) did wrong in fact and law in deleting the addition u/s 14A read with Rule 8D of the Act. The Ld. D.R has further 5 I.T.A. Nos. 2456 to 2459/Kol/2024 Assessment Years

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD., KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2457/KOL/2024[2018-19]Status: DisposedITAT Kolkata10 Jun 2025AY 2018-19

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 115JSection 143(1)Section 143(2)Section 14ASection 35Section 35(2)(ab)Section 37Section 80GSection 80ISection 92C

gains from specified business as per provision of Section 80IA of the Act. His further submission is that the Ld. CIT(A) did wrong in fact and law in deleting the addition u/s 14A read with Rule 8D of the Act. The Ld. D.R has further 5 I.T.A. Nos. 2456 to 2459/Kol/2024 Assessment Years

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2458/KOL/2024[2020-21]Status: DisposedITAT Kolkata10 Jun 2025AY 2020-21

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 115JSection 143(1)Section 143(2)Section 14ASection 35Section 35(2)(ab)Section 37Section 80GSection 80ISection 92C

gains from specified business as per provision of Section 80IA of the Act. His further submission is that the Ld. CIT(A) did wrong in fact and law in deleting the addition u/s 14A read with Rule 8D of the Act. The Ld. D.R has further 5 I.T.A. Nos. 2456 to 2459/Kol/2024 Assessment Years

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2456/KOL/2024[2017-18]Status: DisposedITAT Kolkata10 Jun 2025AY 2017-18

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 115JSection 143(1)Section 143(2)Section 14ASection 35Section 35(2)(ab)Section 37Section 80GSection 80ISection 92C

gains from specified business as per provision of Section 80IA of the Act. His further submission is that the Ld. CIT(A) did wrong in fact and law in deleting the addition u/s 14A read with Rule 8D of the Act. The Ld. D.R has further 5 I.T.A. Nos. 2456 to 2459/Kol/2024 Assessment Years

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)

801A(4)(iv) of the Act. 5.3 That on the facts and in the circumstances of the case and in law, The Ld. AO and Hon'ble DRP erred in not granting the deduction claimed by the Assessee under section 80-IA of the Act amounting to Rs. 4,88,57,264 without appreciating the fact that where deduction under

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- V (I), KOLKATA vs. BIRLA CORPORATION LIMITED, BIRLA BUILDING

In the result, both the appeals of the revenue is dismissed, as also the cross objection filed by the assessee for both the years

ITA 1024/KOL/2023[2016-17]Status: DisposedITAT Kolkata24 Dec 2024AY 2016-17

Bench: SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 115JSection 14ASection 250Section 80I

801A of the Act will be allowed as claimed by the assessee ignoring the downward adjustment made by the Transfer Pricing Officer. 2. Whether on the facts and circumstances of the case, the CIT(A) has erred in holding that compensation paid to obtain mining lease is revenue expenditure and not capital expenditure. 3. Whether on the facts and circumstances

DCIT, CENTRAL CIRCLE - 3(3), KOLKATA vs. M/S. KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., KOLKATA

In the result, both the appeals of the assessee are treated as partly allowed

ITA 2544/KOL/2018[2007-08]Status: DisposedITAT Kolkata01 May 2023AY 2007-08

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.2543&2544/Kol/2018 Assessment Years: 2006-07 & 2007-08 Dcit, Central Circle-3(3), Kolkata............................................……Appellant Vs. M/S Kaushalya Infra. Development Corp. Ltd.........…….....…..…..Respondent Hb-170, Sector-Iii, Salt Lake City, Kolkata-700106. [Pan: Aacck1581F] Appearances By: Shri P. P Barman, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 05, 2023 Date Of Pronouncing The Order : May 01, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: Both The Appeals Have Been Preferred By The Revenue Against The Separate Orders Dated 28.09.2018 Of The Commissioner Of Income Tax (Appeals)-21, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Common Issues Are Involved In Both The Appeals, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.2543/Kol/2018 For Assessment Year 2006-07 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. The Brief Facts Of The Case Are That The Original Assessment In The Case Of The Assessee Was Completed U/S 143(3) Of The Act On 31.12.2008. In The Said Assessment, The Claim Of Deduction U/S 80Ia(4) Of Rs.

Section 143(3)Section 250Section 801ASection 80I

801A of the Act, to the file of the Ld. CIT(A) for determination of such claim afresh, in accordance with law, with all issues thereon left open. Needless to mention that the assessee be given reasonable opportunity of being heard. Since, this appeal pertains to old assessment years, we deem it fit to fix a time frame

DCIT, CENTRAL CIRCLE - 3(3), KOLKATA vs. M/S. KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., KOLKATA

In the result, both the appeals of the assessee are treated as partly allowed

ITA 2543/KOL/2018[2006-07]Status: DisposedITAT Kolkata01 May 2023AY 2006-07

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.2543&2544/Kol/2018 Assessment Years: 2006-07 & 2007-08 Dcit, Central Circle-3(3), Kolkata............................................……Appellant Vs. M/S Kaushalya Infra. Development Corp. Ltd.........…….....…..…..Respondent Hb-170, Sector-Iii, Salt Lake City, Kolkata-700106. [Pan: Aacck1581F] Appearances By: Shri P. P Barman, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 05, 2023 Date Of Pronouncing The Order : May 01, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: Both The Appeals Have Been Preferred By The Revenue Against The Separate Orders Dated 28.09.2018 Of The Commissioner Of Income Tax (Appeals)-21, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Common Issues Are Involved In Both The Appeals, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.2543/Kol/2018 For Assessment Year 2006-07 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. The Brief Facts Of The Case Are That The Original Assessment In The Case Of The Assessee Was Completed U/S 143(3) Of The Act On 31.12.2008. In The Said Assessment, The Claim Of Deduction U/S 80Ia(4) Of Rs.

Section 143(3)Section 250Section 801ASection 80I

801A of the Act, to the file of the Ld. CIT(A) for determination of such claim afresh, in accordance with law, with all issues thereon left open. Needless to mention that the assessee be given reasonable opportunity of being heard. Since, this appeal pertains to old assessment years, we deem it fit to fix a time frame