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10 results for “capital gains”+ Section 40A(9)clear

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Mumbai399Delhi393Bangalore128Ahmedabad104Kolkata98Chennai92Jaipur77Hyderabad69Raipur39Pune37Chandigarh37Cochin33Indore30Visakhapatnam28Surat12Cuttack12Lucknow10Rajkot8Amritsar7Karnataka6SC5Guwahati4Calcutta3Patna2Jabalpur1Allahabad1Dehradun1Agra1Jodhpur1Nagpur1

Key Topics

Section 36(1)(iii)14Section 143(3)9Section 271(1)(c)9Section 2637Section 40A(3)6Disallowance6Section 355Addition to Income5Section 143(1)

DEPUTY COMMISSIONER OF INCOME TAX-1, KANPUR vs. SMT. SHEHLA AHMED , KANPUR

In the result, the appeal of the Revenue and the cross objection of the assessee are dismissed

ITA 181/LKW/2018[2013-14]Status: DisposedITAT Lucknow22 Aug 2019AY 2013-14

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2013-14 Dy. Cit-1 V. Smt. Shehla Ahmad Kanpur 376-C, Allied Street Jajmau, Kanpur Tan/Pan:Aexpa4122N (Appellant) (Respondent) C.O. No.09/Lkw/2018 [In Ita No.181/Lkw/2018] Assessment Year: 2013-14 Smt. Shehla Ahmad V. Dy. Cit-1 376-C, Allied Street Kanpur Jajmau, Kanpur Tan/Pan:Aexpa4122N (Cross-Objector) (Respondent) Department By: Shri R. K. Vishvakarma, D.R. Assessee By: Shri Swarn Singh, Fca Date Of Hearing: 24 07 2019 Date Of Pronouncement: 22 08 2019 O R D E R Per A. D. Jain, V.P.: This Is Revenue’S Appeal & Assessee’S Cross Objection Against The Order Of The Ld. Cit(A)-Ii, Kanpur, Dated 1/12/2017, For The Assessment Year 2013-14. 2. The Revenue Has Taken The Following Grounds Of Appeal: 1. The Ld. Commissioner Of Income Tax (Appeals)-Ii, Kanpur Has Erred In Law & On Facts In Deleting The Penalty Of Rs.22,00,000/- Imposed By The Assessing Officer On Account Of Undisclosed

For Appellant: Shri Swarn Singh, FCAFor Respondent: Shri R. K. Vishvakarma, D.R
Section 10(38)Section 139(1)Section 143(3)Section 271(1)(c)
3
Section 253(3)3
Search & Seizure3
Condonation of Delay3
Section 274
Section 40a

Capital Gain exempt under section 10(38) of the Income Tax Act, 1961. ii. Addition on account of Valuation of closing stock - Rs.15,42,274/- iii. Disallowance u/s 40a(ia) - Rs. 9

PREM MANOHAR GUPTA,KANPUR vs. DY. COMMISSIONER OF INCOME TAX-2, KANPUR

In the result, appeal in I

ITA 512/LKW/2017[2012-13]Status: DisposedITAT Lucknow03 May 2019AY 2012-13

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

Section 143(3)Section 154Section 251Section 36Section 36(1)(iii)

Section 143(3) where as the intimation was u/s 143(1). The CIT(A) acted beyond its power by directing the Assessing Officer to tax the capital gains in respect of sale of land at Gurgaon, though, there was no addition made by the Assessing Officer in the assessment order to that respect. Capital gain is an independent and different

PREM MANOHAR GUPTA,KANPUR vs. DY. COMMISSIONER OF INCOME TAX-2, KANPUR

In the result, appeal in I

ITA 511/LKW/2017[2012-13]Status: DisposedITAT Lucknow03 May 2019AY 2012-13

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

Section 143(3)Section 154Section 251Section 36Section 36(1)(iii)

Section 143(3) where as the intimation was u/s 143(1). The CIT(A) acted beyond its power by directing the Assessing Officer to tax the capital gains in respect of sale of land at Gurgaon, though, there was no addition made by the Assessing Officer in the assessment order to that respect. Capital gain is an independent and different

SURYA INTERNATIONAL PVT. LTD.,LUCKNOW vs. CENTRAL PROCESSING CENTRE, BANGALORE

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

ITA 323/LKW/2025[2020-21]Status: DisposedITAT Lucknow08 Jan 2026AY 2020-21

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 143(1)Section 2(8)Section 40A(3)

capital nature NIL Particulars Amount in (Rs.) Remarks if any 2 Expenditure of personal nature Particulars Amount in Rs. DONATION 2,25,000 3 Expenditure of advertisement in any NIL souvenir, brochure, tract, pamphlet or the like, published by a political party Particulars Amount in Rs. Remarks if any 4 Expenditure incurred at clubs being NIL entrance fees and subscriptions

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 351/LKW/2025[2018-19]Status: DisposedITAT Lucknow11 Dec 2025AY 2018-19

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

9,00,000/- Stamp Duty value Rs. 82,35,000/- to his son AlokPandey (PAN-CZZPP5325B). Considering the provision of Sec. 50C, the liability of Long Term Capital Gain was computed amounting to Rs.68,98,817/- and claimed deduction u/s 54F of the Income Tax Act against the investment made in house property situated at 57, Laxmanpuri, Indira Nagar, Lucknow

ACIT, CENTRAL CIRCLE-II, LUCKNOW, LUCKNOW vs. RAKESH KUMAR PANDEY, GONDA U.P.

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 460/LKW/2025[2017-18]Status: DisposedITAT Lucknow11 Dec 2025AY 2017-18

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

9,00,000/- Stamp Duty value Rs. 82,35,000/- to his son AlokPandey (PAN-CZZPP5325B). Considering the provision of Sec. 50C, the liability of Long Term Capital Gain was computed amounting to Rs.68,98,817/- and claimed deduction u/s 54F of the Income Tax Act against the investment made in house property situated at 57, Laxmanpuri, Indira Nagar, Lucknow

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 349/LKW/2025[2016-17]Status: DisposedITAT Lucknow11 Dec 2025AY 2016-17

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

9,00,000/- Stamp Duty value Rs. 82,35,000/- to his son AlokPandey (PAN-CZZPP5325B). Considering the provision of Sec. 50C, the liability of Long Term Capital Gain was computed amounting to Rs.68,98,817/- and claimed deduction u/s 54F of the Income Tax Act against the investment made in house property situated at 57, Laxmanpuri, Indira Nagar, Lucknow

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

Capital Gain. Query no.\n8 is being replied in query no. 3 above. Query no. 9 and 7 are similar\nwhich is being replied in query no. 7 above. In response to your query no.\n10, sir, it is stated that according to the size of the company as well as in\ncomparison of earlier years, the same are quite

M/S RAJ KUMAR SINGH & CO.,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX, LUCKNOW

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

ITA 1288/LKW/1993[1990-91]Status: DisposedITAT Lucknow26 Sept 2024AY 1990-91

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshra

9 the partnership in which all the partners would have interest in proportion to their share in the joint venture of the business of partnership. The person who brought it in would, therefore, not be able to claim or exercise any exclusive right over any property which he had brought in, much less over any other partnership property. He would

ASTT. COMMISSIONER OF INCOME TAX, LUCKNOW vs. M/S PRAG INDUSTRIES (INDIA) PVT. LTD., LUCKNOW

In the result, appeal of Revenue and Cross Objection of assessee, both are dismissed

ITA 660/LKW/2016[2013-14]Status: DisposedITAT Lucknow11 Dec 2024AY 2013-14

Bench: Shri Kul Bharat, Videshri Anadee Nath Misshra

Section 40A(2)

40A(2)(b) of the Act; is excessive or unreasonable having regard to the fair market value of the goods, services or facilities for which the payment is made or the legitimate needs of the business or the profession of the assessee or the benefit derived by or accruing to him therfrom. We also find that the reliance placed