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65 results for “capital gains”+ Section 35clear

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Key Topics

Addition to Income46Section 1144Section 14A41Section 143(3)29Section 14827Section 69A25Disallowance23Section 14721Section 2(15)20Natural Justice

INCOME TAX OFFICER-3(4), KANPUR vs. SHRI SANTOSH KUMAR AGARWAL, KANPUR

In the result, the appeal of the Revenue is dismissed

ITA 153/LKW/2020[2014-15]Status: DisposedITAT Lucknow17 Feb 2022AY 2014-15

Bench: Shri T. S. Kapoor

Section 10(38)Section 143(3)Section 69A

Section 68 of the Act. Upon appeal the assessee adduced evidence in the shape of contract notes/bills receipt; payments made through I.T.A. No.153/Lkw/2020 Assessment. Year:2014-15 17 banking channel; contract notes and; copies of passbook of its Demat account in support of it thus asserted its claim of long term capital gain as genuine and correct. Qua the payment

PANKAJ AGARWAL,KANPUR vs. JT.CIT CIRCLE-1(1)(1), KANPUR

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

ITA 267/LKW/2023[2012-13]Status: Disposed

Showing 1–20 of 65 · Page 1 of 4

19
Section 12A18
Exemption18
ITAT Lucknow
22 Apr 2025
AY 2012-13

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2012-13 Pankaj Agarwal, 7/151, Ratan Vs. The Jt. Commissioner Of Majestic, Opp. Sony World, Income Tax, Circle 1(1)(1), Swaroop Nagar, Kanpur-208002 Kanpur-208001 Pan:Abjfs4912R (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. Sanjeev Krishna Sharma Sr Dr & Sh Sunil Kumar Rajwanshi, Addl Cit Dr Date Of Hearing: 10.02.2025 Date Of Pronouncement: 22.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 21.08.2023. The Grounds Of Appeal Are As Under:- “1. Because The Cit (A) Has The Erred On Facts & In Law In Upholding The Disallowance Of Rs.2,47,02,865/- On Account Of Loss In Trading In Derivatives Business Treating The Same As Capital Loss, As Against Assessee'S Claim Of Business Loss, To Be Set Off Against Other Business Income, Which Order Is Contrary To Facts, Bad In Law, The Disallowance Made By The Ao & Upheld Be Deleted. 2. Because On A Proper Consideration Of The Facts & Circumstances Of The Case & Also On The Interpretation Of The Provisions Of Sec 43(5), It Would Be Found The Loss Of Rs.2,47,02,865/- On Account Of Trading In Derivative Is Neither A Speculative Loss Nor A Capital Loss, The Same Should Ought To Be Set Off Against Other Business Income, The Cit (A) Has Erred, In Treating The Same As Short Term Capital Loss.

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. Sanjeev Krishna Sharma Sr DR & Sh
Section 14ASection 250Section 43(5)Section 72

section 74 of the Act, short term capital loss of the current year could be set off only against long term or short term capital gain during the year. Therefore, on these grounds, he upheld the disallowance made by the ld. AO. 6. With regard to the addition of Rs. 12,35

INCOME TAX OFFICER-1(3), KANPUR vs. SHRI RAJ KUMAR AGARWAL, KANPUR

In the result, both the appeals of the Revenue are dismissed

ITA 205/LKW/2020[2014-15]Status: DisposedITAT Lucknow17 Jan 2022AY 2014-15

Bench: Shri T.S. Kapoor

Section 10(38)Section 143(3)Section 69A

Section 68 of the Act. Upon appeal the assessee adduced evidence in the shape of contract notes/bills receipt; payments made through banking channel; contract notes and; copies of passbook of its Demat account in support of it thus asserted its claim of long term capital gain as genuine and correct. Qua the payment made by the assesses for purchase

ZAIN ALAM,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- II, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 64/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

section 260- A of the Act, 1961. 5. In the result, this appeal fails and is hereby dismissed.” I.T.A. No.61 to 65/Lkw/2021 Assessment year:2012-13 31 4.10 We further find that the SLP filed by the Revenue has also been dismissed by Hon'ble Supreme Court vide order dated 02.08.2021. 4.11 In the present cases, on the one hand

NAUSHEEN FARAH,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 63/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

section 260- A of the Act, 1961. 5. In the result, this appeal fails and is hereby dismissed.” I.T.A. No.61 to 65/Lkw/2021 Assessment year:2012-13 31 4.10 We further find that the SLP filed by the Revenue has also been dismissed by Hon'ble Supreme Court vide order dated 02.08.2021. 4.11 In the present cases, on the one hand

MARGHOOB ALAM,KANPUR vs. DCUT, CC-II, KANPUR, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 61/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

section 260- A of the Act, 1961. 5. In the result, this appeal fails and is hereby dismissed.” I.T.A. No.61 to 65/Lkw/2021 Assessment year:2012-13 31 4.10 We further find that the SLP filed by the Revenue has also been dismissed by Hon'ble Supreme Court vide order dated 02.08.2021. 4.11 In the present cases, on the one hand

SHAHEEN RABIA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -II, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 62/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

section 260- A of the Act, 1961. 5. In the result, this appeal fails and is hereby dismissed.” I.T.A. No.61 to 65/Lkw/2021 Assessment year:2012-13 31 4.10 We further find that the SLP filed by the Revenue has also been dismissed by Hon'ble Supreme Court vide order dated 02.08.2021. 4.11 In the present cases, on the one hand

NISHAT ARA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 65/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

section 260- A of the Act, 1961. 5. In the result, this appeal fails and is hereby dismissed.” I.T.A. No.61 to 65/Lkw/2021 Assessment year:2012-13 31 4.10 We further find that the SLP filed by the Revenue has also been dismissed by Hon'ble Supreme Court vide order dated 02.08.2021. 4.11 In the present cases, on the one hand

GENUS POWER INFRASTRUCTURES LIMITTED,NOIDA vs. PR. COMMISSIONER OF INCOME TAX(CENTERAL), LUCKNOW

In the result, the appeal of the assessee is partly allowed for\nstatistical purposes

ITA 74/LKW/2022[2016-17]Status: DisposedITAT Lucknow18 Mar 2025AY 2016-17
For Respondent: \nShri Praveen Kumar, Adv
Section 143(3)Section 263Section 35

section and that you fulfilled the requisite\ncondition, stipulations, rules etc. Please furnish requisite documentary\nevidence based on which such deduction has been claimed. In case of your\nfailure to furnish these details, the corresponding direction claimed is\nliable to be disallowed.\n\nLarge deduction claimed u/s 35 2AA 35 2AB 35 CCC and 35 CCD: Please\nfurnish the details

MR. PAWAN KUMAR SINGH,BAREILLY vs. INCOME TAX OFFICER, BAREILLY

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

ITA 729/LKW/2014[2009-10]Status: DisposedITAT Lucknow30 Apr 2025AY 2009-10

Bench: Shri Kul Bharat & Shri Nikhil Choudharyassessment Year: 2009-10 Mr Pawan Kumar Singh V. Income Tax Officer Ward-2(1) 848, Tilak Colony, Subhash Nagar, Bareilly (Up). Bareilly. Pan:Ccrps4435G (Appellant) (Respondent) Appellant By: Shri Abhinav Mehrotra, Adv. Respondent By: Shri Sunil Kumar Rajwanshi, Addl. Cit(Dr) Date Of Hearing: 22 04 2025 Date Of Pronouncement: 30 04 2025 O R D E R

For Appellant: Shri Abhinav Mehrotra, AdvFor Respondent: Shri Sunil Kumar Rajwanshi, Addl
Section 142(1)Section 143(2)Section 147Section 148Section 50C

35 and section 37 of the Wealth-tax Act, 1957 (27 of 1957), shall, with necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the Assessing Officer under sub-section (1) of section 16A of that Act. Explanation 1.—For the purposes of this section, "Valuation Officer" shall have the same

SUBHASH JAISWAL ASSOCIATES,BAREILLY vs. PCIT BAREILLY, BAREILLY

ITA 100/LKW/2022[2017-18]Status: DisposedITAT Lucknow11 Dec 2025AY 2017-18
Section 143(3)Section 263

35 dated 18.01.2020 filed\nbefore the CIT(A) against the original\nassessment order dated 15.12.2019\nCopy of\nNotice\nu/s\n142(1)\ndated\n01.12.2019\nCopy of\nNotice\nu/s\n142(1)\ndated\n06.12.2019\nCopy of\nNotice\nu/s\n142(1)\ndated\n14.09.2019\nCopy of Reply filed in response to notice\nu/s 142(1)\nCopy of Reply filed in response to notice\nu/s

HARCHARAN SINGH,KANPUR vs. INCOME TAX OFFICER-2(5), KANPUR

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

ITA 201/LKW/2022[2013-14]Status: DisposedITAT Lucknow30 Jun 2025AY 2013-14

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.201/Lkw/2022 ननिाारण वर्ा/ Assessment Year: 2013-14 Harcharan Singh V. Ito-2(5) 118/208, Kaushalpuri, Kanpur- Kanpur 208012. Pan:Anxps2189N अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: None प्रत्यर्थी कक और से /Respondent By: Shri Deepak Yadav, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 10 06 2025 घोर्णा कक तारीख/ Date Of 30 06 2025 Pronouncement: आदेश / O R D E R

For Appellant: NoneFor Respondent: Shri Deepak Yadav, CIT(DR)
Section 143(2)Section 143(3)Section 147Section 148Section 50C

section 50C were not applicable to the same (at the time of sale); 5. the authorities below have erred in law and on facts in computing/upholding the computation of Long Term Capital Gain at Rs.1,56,21,620/- by treating the sale plots of land as sale of capital asset simpliciter (instead of treating the same as stock-in-trade

AYYUB JAFRI,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX-6, LUCKNOW

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

ITA 177/LKW/2025[2016-17]Status: DisposedITAT Lucknow26 Sept 2025AY 2016-17

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: NoneFor Respondent: Sh. Amit Kumar, DR
Section 143(3)Section 54FSection 80J

section 54F. The ld. AO pointed out to the assessee that additional documents were required to examine the claim such as sale / purchase deeds, documents in support of claimed costs of improvement, evidence of deposit of sale consideration into capital gain accounts, bills and vouchers pertaining to cost of house constructed by you, details of parties to whom payments were

USHA YADAV,LUCKNOW vs. INCOME TAX OFFICER RANGE 6(2), LUCKNOW

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 249/LKW/2024[2013-14]Status: DisposedITAT Lucknow09 Dec 2025AY 2013-14

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Shri Dharmendra Kumar, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 10(37)Section 139(1)Section 144Section 147Section 148Section 2(14)(iii)Section 271(1)(c)

gains fall under clause (a) of section 10(37) of the Act. vi. Appellant never claimed exemption from income tax for transfer of agricultural land, while claiming said land being not a capital asset. Whereas, appellant claimed exemption for the very reason that land transferred is an agricultural land, which is a capital asset. Income tax on transfer of such

USHA YADAV,LUCKNOW vs. INCOME TAX OFFICER RANGE 6(2), LUCKNOW

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 251/LKW/2024[2013-14]Status: DisposedITAT Lucknow09 Dec 2025AY 2013-14

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Shri Dharmendra Kumar, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 10(37)Section 139(1)Section 144Section 147Section 148Section 2(14)(iii)Section 271(1)(c)

gains fall under clause (a) of section 10(37) of the Act. vi. Appellant never claimed exemption from income tax for transfer of agricultural land, while claiming said land being not a capital asset. Whereas, appellant claimed exemption for the very reason that land transferred is an agricultural land, which is a capital asset. Income tax on transfer of such

RAKESH KUMAR GUPTA,BAREILLY vs. INCOME TAX OFFICER WARD 2(3), BAREILLY

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

ITA 502/LKW/2024[2014-15]Status: DisposedITAT Lucknow13 Dec 2024AY 2014-15

Bench: Shri. Sudhanshu Srivastavaassessment Year:2014-15 Rakesh Kumar Gupta V. The Income Tax Officer House No.51, Kaharan Ward 2(3) Nawabganj, Bareilly (U.P) Bareilly Tan/Pan:Aaupg6815 (Appellant) (Respondent) Appellant By: None Respondent By: Shri Sunil Kumar Rajwanshi, D.R. Date Of Hearing: 05 12 2024 Date Of Pronouncement: 13 12 2024 O R D E R

For Appellant: NoneFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 131Section 142(1)Section 143(3)Section 245(3)Section 50CSection 50C(2)

section 131 of the Act issued to the wife of the assessee, the AO computed the Long Term Capital Gain of the assessee for the year under consideration as under: Full value of consideration u/s. 50C of the Act : 84,23,000/- Less: Indexed cost of acquisition 32,50,000/632X939 : 48,28,710/- Long Term Capital Gains : 35

TECHNICAL ASSOCIATES LIMITED,LUCKNOW vs. DCIT, RANGE-3, LUCKNOW

In the result, the appeal of the assessee stands allowed

ITA 228/LKW/2023[AY 2015-16]Status: DisposedITAT Lucknow25 Jun 2024

Bench: Shri G. D. Padamahshali & Shri Subhash Malguriaassessment Year: 2015-16 Technical Associates Limited V. Dy. Commissioner Of Income 8Th Km, Faizabad Road Tax Vijaypur, Gomti Nagar Range 6 Lucknow Lucknow Pan:Aabct7365F (Appellant) (Respondent) Appellant By: Shri Santhosh Kumar Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 25 06 2024 Date Of Pronouncement: 25 06 2024 O R D E R

For Appellant: Shri Santhosh KumarFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 32(1)(iii)Section 36(1)(va)

35,900/- on a total turnover of Rs.172,62,86,685/-. According to the Assessing Officer, in the computation of income, the assessee had claimed depreciation under section 32(1)(iii) of the Income Tax Act, 1961 at Rs.40,016,103/- (Rs.1,01,82,132 + Rs.2,95,30,939 + Rs.3,03,032). The assessee had also filed the Tax Audit

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE), BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

ITA 620/LKW/2024[2016-17]Status: DisposedITAT Lucknow07 Aug 2025AY 2016-17

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 12ASection 133(6)Section 142(1)Section 148Section 153C

capital receipt. Accordingly, section 115BBE is not applicable on the assessee. On the basis of the above submissions, it is very clear that the Ld. Assessing Officer has erred both on the facts as well as in law in treating the corpus donation as income u/s 2(24) and making the addition u/s 68 . The order passed is not tenable

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

ITA 619/LKW/2024[2015-16]Status: DisposedITAT Lucknow07 Aug 2025AY 2015-16

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 12ASection 133(6)Section 142(1)Section 148Section 153C

capital receipt. Accordingly, section 115BBE is not applicable on the assessee. On the basis of the above submissions, it is very clear that the Ld. Assessing Officer has erred both on the facts as well as in law in treating the corpus donation as income u/s 2(24) and making the addition u/s 68 . The order passed is not tenable

DY. COMMISSIONER OF INCOME TAX, RANGE-2, LUCKNOW vs. MS. ZUBEIDA SHAHANSHAH, LUCKNOW

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

ITA 519/LKW/2017[2014-15]Status: DisposedITAT Lucknow31 Jan 2019AY 2014-15

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2014-15

Section 50CSection 50C(1)

capital gain to the tune of Rs.2,33,75,744/- which arose on account of sale of property situated at 13, Jopling Road, Lucknow for a sale consideration of Rs.4,05,00,000/-. Learned A. R. submitted that assessee had originally entered into a builder agreement on 10/10/2005 whereby the assessee agreed to transfer a part of its property