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25 results for “capital gains”+ Unexplained Investmentclear

Sorted by relevance

Mumbai865Delhi438Jaipur267Chennai212Ahmedabad204Hyderabad163Bangalore116Kolkata108Cochin104Nagpur78Indore77Pune73Chandigarh71Surat51Raipur43Rajkot42Amritsar38Visakhapatnam37Guwahati35Panaji29Lucknow25Patna16Agra14Jodhpur12Cuttack11Allahabad11Jabalpur8Ranchi6Dehradun4

Key Topics

Section 14821Section 26320Addition to Income20Section 153A14Section 10(38)14Section 6914Section 6813Natural Justice11Section 1328

MAHESH MITTAL,LUCKNOW vs. ACIT, RANGE-5, LUCKNOW, LUCKNOW

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

ITA 73/LKW/2023[2014-15]Status: DisposedITAT Lucknow14 Aug 2025AY 2014-15

Bench: Shri Kul Bharat & Shri Anadee Nath Misshramahesh Mittal V. Acit, Range-5 1/16, Vinay Khand Gomti Income Tax Office Ashok Nagar, Lucknow-226010. Marg, Lucknow-226001. Pan:Acqpm4459B (Appellant) (Respondent) Appellant By: Shri Akshay Agarwal, Adv Respondent By: Shri Amit Singh Chauhan, Cit(Dr) O R D E R

For Appellant: Shri Akshay Agarwal, AdvFor Respondent: Shri Amit Singh Chauhan, CIT(DR)
Section 10(38)Section 68

unexplained credit by failing to consider the explanation tendered by the Appellant. 7. That, on the facts and circumstances of the case and in law, the CIT(A) erred in presuming that these amounts were transferred indirectly from M/s Fair Intermediate Investments Private Limited (in which the Appellant was the director) to the Appellant, without appreciating the fact that since

Showing 1–20 of 25 · Page 1 of 2

Section 41(1)8
Unexplained Investment7
Search & Seizure5

SHRI SWATANTRA KUMAR SHUKLA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX-3, KANPUR

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

ITA 575/LKW/2019[2015-16]Status: DisposedITAT Lucknow24 Nov 2025AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Swatantra Kumar Shukla, Vs. Dy. Cit-3, Kanpur 61/139, Sita Ram Mohal, Kanpur- 208001 (U.P.) Pan: Acaps5484N (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 03.09.2025 Date Of Pronouncement: 24.11.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)- 1, Kanpur, Passed On 29.07.2019 Wherein The Appeal Of The Assessee Against The Orders Passed By The Assessing Officer Under Section 143(3) Of The Act For The A.Y. 2015-16 On 29.12.2017 Has Been Dismissed. The Grounds Of Appeal Are As Under: - “1. That The Ld Cit(A) Was Wrong In Confirming The Addition Of Rs. 1,39,81,850- Made By The Ao Without Any Valid Reason. 2. That The Revenue Was Wrong In Disallowing The Claim Of Long Term Capital Gains U/S 10(38) Of The Act & The Same Is Against Facts & Law. 3. That The Various Case Law Cited By The Revenue In Rejecting The Claim Is Wrong In As Much As The Facts Of The Appellant'S Case Are Distinguishable From The Cited Case Law. 4. That The Revenue Was Wrong In Invoking Section 68 Of The Act & The Same Is Not Justified & Unwarranted. 5. That It Was Wrong On The Part Of Revenue To Invoke Section 68 Of The Act In As Much As Initial Onus On The Assessee To Establish Identity, Credit Capacity Of The Creditor & Genuineness Of The Transaction Was Discharged. 6. That The Finding Of The Ld Ao That 'Long Term Capital Gains Of Rs.1 39,81,850/ Claimed By The Assessee Is Held To Have Been Arranged By The Assessee Through

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 10(38)Section 143(3)Section 68

capital gains. The ld. AR submitted that the assessee had not sold shares to any companies as alleged by the ld. Assessing Officer. Rather they had sold their shares on the floor of the stock exchange and were not concerned with who had purchased the said shares. It was further argued that the assessee had not been given adequate opportunity

KARUNESH KUMAR SHUKLA,LUCKNOW vs. INCOME TAX OFFICER-1(1), LUCKNOW

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

ITA 668/LKW/2025[2018-19]Status: DisposedITAT Lucknow30 Jan 2026AY 2018-19
For Appellant: Sh. Samrat Chandra, C.AFor Respondent: Sh. Koushlendra Tiwari, CIT DR
Section 144Section 148Section 69Section 69A

Capital gain when from the deeds it is clear that the share of sale consideration assessable in the hands of the assessee is Rs. 3,38,50,000/- (Total of Rs. 2,41,00,000.00 and Rs. 97,50,000.00). 3. Because without considering the facts and circumstances of the case, the Ld. CIT(A) has erred

ARUN KUMAR MAURYA,LUCKNOW vs. ITO-2(1), LUCKNOW

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

ITA 415/LKW/2023[2014-15]Status: DisposedITAT Lucknow30 Mar 2026AY 2014-15

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 143(2)Section 147Section 50CSection 56Section 56(2)Section 56(2)(vii)Section 69

unexplained investment, by arbitrarily rejecting an exhaustive, valid and legitimate explanation tendered by the assessee. The money invested by the assessee in purchase of property is recorded in its books of account and is evidenced through banking transactions, the money is sourced out of persons and entities. Thus, the addition has been sustained on material and whimsically. 6. Because

KOBSAI HOSPITALLITIES PVT. LTD.,LUCKNOW vs. INCOME TAX OFFICER, WARD-4(1), LUCKNOW

In the result, ITA No.290/LKW/2025 is allowed for statistical purposes while

ITA 291/LKW/2025[2013-14]Status: DisposedITAT Lucknow29 Aug 2025AY 2013-14

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

For Appellant: Sh. Rakesh Garg, AdvocateFor Respondent: Sh. Neeraj Kumar, CIT DR
Section 144Section 148Section 271(1)(c)Section 275(1)(a)Section 69

gain by not filing the appeal in time, the CIT(A), NFAC, was not justified in not condoning the delay, the order passed by the CIT(A), NFAC, be set aside. 03. Because the entire proceedings-initiated u/s.148 are devoid of material or reasons, there being no reason to believe, the ground on which the reopening has been initiated

KOBSAI HOSPITALITIES PVT. LTD.,LUCKNOW vs. INCOME TAX OFFICER, WARD-4(1), LUCKNOW

In the result, ITA No.290/LKW/2025 is allowed for statistical purposes while

ITA 290/LKW/2025[2013-14]Status: DisposedITAT Lucknow29 Aug 2025AY 2013-14

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

For Appellant: Sh. Rakesh Garg, AdvocateFor Respondent: Sh. Neeraj Kumar, CIT DR
Section 144Section 148Section 271(1)(c)Section 275(1)(a)Section 69

gain by not filing the appeal in time, the CIT(A), NFAC, was not justified in not condoning the delay, the order passed by the CIT(A), NFAC, be set aside. 03. Because the entire proceedings-initiated u/s.148 are devoid of material or reasons, there being no reason to believe, the ground on which the reopening has been initiated

SH. SUKHVINDER SINGH,KANPUR vs. PR CIT, CENTRAL, KANPUR

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

ITA 191/LKW/2020[2014-15]Status: DisposedITAT Lucknow17 Oct 2025AY 2014-15
For Appellant: \nShri Samrat Chandra, C.AFor Respondent: \nShri R. K. Agarwal, CIT(DR)
Section 263

unexplained investment AY 2012-13.\"\n\n(B.2) Subsequently, the Ld. PCIT started proceedings u/s 263 of the Act. Vide notice dated 27.02.2020, the Ld. PCIT was of the view that the Assessing Officer accepted the assessee's claim for capital gain

SH. SUKHVINDER SINGH,KANPUR vs. PR CIT, CENTRAL, KANPUR

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

ITA 190/LKW/2020[2012-13]Status: DisposedITAT Lucknow17 Oct 2025AY 2012-13

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

For Appellant: Shri Samrat Chandra, C.AFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 263

unexplained investment AY 2012-13.” (B.2) Subsequently, the Ld. PCIT started proceedings u/s 263 of the Act. Vide notice dated 27.02.2020, the Ld. PCIT was of the view that the Assessing Officer accepted the assessee’s claim for capital gain

SHRI SUBODH AGARWAL,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1, KANPUR

In the result, both the appeals of the assessee are allowed

ITA 669/LKW/2018[2016-17]Status: DisposedITAT Lucknow30 Sept 2024AY 2016-17

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

For Appellant: Shri Rakesh Garg, AdvoateFor Respondent: Shri S. H. Usmani, CIT(D.R.)
Section 10(38)Section 111Section 132Section 143(2)Section 153ASection 69

capital gains and Rs.2,75,488/- being difference in Valuation Report of the District Valuation Officer on immovable property. 3. Aggrieved, the assessee approached the ld. First Appellate Authority. However, the appeal before the ld. First Appellate Authority came to be dismissed. 4. Now, the assessee has approached this Tribunal, challenging the dismissal of its appeal

SHRI SUBODH AGARWAL,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1, KANPUR

In the result, both the appeals of the assessee are allowed

ITA 667/LKW/2018[2013-14]Status: DisposedITAT Lucknow30 Sept 2024AY 2013-14

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

For Appellant: Shri Rakesh Garg, AdvoateFor Respondent: Shri S. H. Usmani, CIT(D.R.)
Section 10(38)Section 111Section 132Section 143(2)Section 153ASection 69

capital gains and Rs.2,75,488/- being difference in Valuation Report of the District Valuation Officer on immovable property. 3. Aggrieved, the assessee approached the ld. First Appellate Authority. However, the appeal before the ld. First Appellate Authority came to be dismissed. 4. Now, the assessee has approached this Tribunal, challenging the dismissal of its appeal

NETPLAST PVT.LTD.,KANPUR vs. ACIT CIRCLE 2(3)(1), KANPUR

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

ITA 320/LKW/2024[2017-18]Status: DisposedITAT Lucknow10 Jul 2025AY 2017-18
Section 133(6)Section 142(1)Section 14ASection 69C

gain would be\npaid.\nSince the assessee could not substantiate the alleged capital\nexpenditure of Rs.84,00,000/- claimed to have been made by\nShri Arpit Agarwal in the land, which is lying in the books of the\nassessee by producing/furnishing reliable documentary\nevidences. Thus, the assessee failed to prove genuineness of the\ntransaction. It is on record that during

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

unexplained money in the garb of donation is based on her finding that the aforesaid Anandilal & Ganesh Podar Society was also running educational institutions and according to the Assessing Officer, the aforesaid Anandilal & Ganesh Podar Society should have rather spent the fund to develop the infrastructure of its own institute. There is no adverse comment in the assessment order

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

unexplained money in the garb of donation is based on her finding that the aforesaid Anandilal & Ganesh Podar Society was also running educational institutions and according to the Assessing Officer, the aforesaid Anandilal & Ganesh Podar Society should have rather spent the fund to develop the infrastructure of its own institute. There is no adverse comment in the assessment order

MS. GUNJAN AGARWAL,BARABANKI. vs. THE INCOME TAX OFFICER-5(4), BARABANKI.

The appeal of the assessee stands allowed for statistical purposes

ITA 107/LKW/2023[2012-13]Status: DisposedITAT Lucknow29 Feb 2024AY 2012-13

Bench: Shri Sudhanshu Srivastavaa.Ys. 2012-13 Ms. Gunjan Agarwal, Vs. Income Tax Officer-5(4), Fatehpur, Barabanki. Barabanki- 225001 (U.P.). Pan Aaspa 4237D (Appellant) (Respondent) Appellant By Shri Shubham Rastogi, Ca Respondent By Shri Sanjeev Krishna Sharma, Addl. Cit( Dr) Date Of Hearing 11/01/2024 Date Of Pronouncement 29/02/2024 O R D E R

Section 10(38)Section 139Section 147Section 148Section 68

Capital Gain being claimed as exempt was bogus and that the same was unexplained cash credit in terms of Section 68 of the Act. 3. Aggrieved, the assessee approached the ld. First Appellate Authority challenging the addition. However, the assessee was given as many as eight opportunities but there was no representation or submission made by the assessee before

KAMAL KANT VERMA,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, KANPUR

In the result, all the appeals are allowed

ITA 53/LKW/2022[2018-2019]Status: HeardITAT Lucknow20 Nov 2024AY 2018-2019

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 153ASection 153D

Capital Gains (LTCG) by way of sale of shares. It is also the case of the Revenue that during the course of the search operations and post-search investigation, various incriminating documents were found and seized which disclosed that income from sale of shares of penny stock companies was disclosed as LTCG by its beneficiaries, and the LTCG earned

M/S STANDARD FROZEN FOODS EXPORTS PVT LTD,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CC-II, KANPUR

In the result, all the appeals are allowed

ITA 45/LKW/2022[2018-2019]Status: DisposedITAT Lucknow20 Nov 2024AY 2018-2019

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 153ASection 153D

Capital Gains (LTCG) by way of sale of shares. It is also the case of the Revenue that during the course of the search operations and post-search investigation, various incriminating documents were found and seized which disclosed that income from sale of shares of penny stock companies was disclosed as LTCG by its beneficiaries, and the LTCG earned

SACHIN VERMA,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - II, KANPUR

In the result, all the appeals are allowed

ITA 59/LKW/2022[2018-2019]Status: DisposedITAT Lucknow20 Nov 2024AY 2018-2019

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 153ASection 153D

Capital Gains (LTCG) by way of sale of shares. It is also the case of the Revenue that during the course of the search operations and post-search investigation, various incriminating documents were found and seized which disclosed that income from sale of shares of penny stock companies was disclosed as LTCG by its beneficiaries, and the LTCG earned

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)

Gain detail 16.03.2024 65 General 20-03-2024 Portal blocked for reply Draft Order Sent to Range Head for approval (as per paper book of Revenue of AY 2016-17) 21-03-2024 Approval Granted for Order (as per paper book of Revenue u/s 147/143(3) of AY 2016-17) 26-03-2024 Assessment Order u/s 147/144 Note

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)

Gain detail 16.03.2024 65 General 20-03-2024 Portal blocked for reply Draft Order Sent to Range Head for approval (as per paper book of Revenue of AY 2016-17) 21-03-2024 Approval Granted for Order (as per paper book of Revenue u/s 147/143(3) of AY 2016-17) 26-03-2024 Assessment Order u/s 147/144 Note

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)

Gain detail 16.03.2024 65 General 20-03-2024 Portal blocked for reply Draft Order Sent to Range Head for approval (as per paper book of Revenue of AY 2016-17) 21-03-2024 Approval Granted for Order (as per paper book of Revenue u/s 147/143(3) of AY 2016-17) 26-03-2024 Assessment Order u/s 147/144 Note