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18 results for “capital gains”+ Section 144Aclear

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Key Topics

Section 143(3)14Section 26314Addition to Income10Capital Gains9Section 458Section 2508Section 1487Section 144A7Section 115J6Section 14A

DCIT CENTRAL CIRCLE 8(4), MUMBAI, MUMBAI vs. KAUSHAL YASHWANT AGARWAL, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed

ITA 967/MUM/2025[2018-19]Status: DisposedITAT Mumbai24 Jul 2025AY 2018-19
Section 143(3)Section 147Section 45Section 6

section 144A to\nthe Deputy Commissioner, seeking his opinion regarding taxability of\namount received by assessee. The Deputy Commissioner gave\ndirections to Assessing Officer to the effect that said receipt was not\ntaxable in the hands of the appellant neither as business\nincome nor as capital gains

MRS SUNITA SHYAM MALPANI,MUMBAI vs. INCOME TAX OFFICER, WARD 25(1)(3), MUMBAI

In the result, the appeal filed by the assessee is allowed

ITA 344/MUM/2023[2010-2011]Status: Disposed
6
Penalty4
Reopening of Assessment3
ITAT Mumbai
18 Jul 2023
AY 2010-2011

Bench: Shri Pavan Kumar Gadalesunita Shyam Malpani, Vs. Ito 25(1)(3), 701,Plot No.117, Room No.703, Karanapartment, Kautilyabhavan, Lokhandwalacomplex, Bandra Bkc, Andheri (W), Mumbai-400051. Mumbai-400053. "थायी लेखा सं./जीआइआर सं.Pan/Gir No.Acppm8552J (अपीलाथ"/Applicant) (""यथ"/Respondent)

Section 10Section 143Section 144ASection 148Section 250Section 68Section 69C

capital gain. The assessment U/s 143 (3) r.w.s. 147 of the Income tax Act, 1961 was completed merely on the basis of change of opinion. In view of the above, the said order passed should be squashed as the reopening of the assessment is not justified and bad in law. and necessary direction should be given in this regard

DCIT CENTRAL CIRCLE 8(4), MUMBAI, MUMBAI vs. MAHENDRA RAVJI CHHEDA, MUMBAI

In the result, all the appeals filed by the Revenue are\ndismissed

ITA 1001/MUM/2025[2018-19]Status: DisposedITAT Mumbai23 Apr 2025AY 2018-19
Section 147Section 148Section 2(47)Section 45Section 6

section 144A\nto the Deputy Commissioner seeking his opinion regarding\ntaxability of amount received by assessee. The Deputy\nCommissioner gave directions to Assessing Officer to the effect\nthat said receipt of damages was not taxable in the hands of the\nappellant neither as business income nor as capital gains

DCIT CENTRAL CIRCLE 8(4), MUMBAI, MUMBAI vs. RAMESH RAVJI CHHEDA, MUMBAI

In the result, all the appeals filed by the Revenue are\ndismissed

ITA 968/MUM/2025[2018-19]Status: DisposedITAT Mumbai23 Apr 2025AY 2018-19
Section 147Section 148Section 2(47)Section 45Section 6

section 144A\nto the Deputy Commissioner seeking his opinion regarding\ntaxability of amount received by assessee. The Deputy\nCommissioner gave directions to Assessing Officer to the effect\nthat said receipt of damages was not taxable in the hands of the\nappellant neither as business income nor as capital gains

DCIT CENTRAL CIRCLE 8(4), MUMBAI, MUMBAI vs. RASIK KUNVERJI CHHEDA, MUMBAI

In the result, all the appeals filed by the Revenue are\ndismissed

ITA 1000/MUM/2025[2018-19]Status: DisposedITAT Mumbai23 Apr 2025AY 2018-19
Section 147Section 148Section 2(47)Section 45Section 6

section 144A\nto the Deputy Commissioner seeking his opinion regarding\ntaxability of amount received by assessee. The Deputy\nCommissioner gave directions to Assessing Officer to the effect\nthat said receipt of damages was not taxable in the hands of the\nappellant neither as business income nor as capital gains

VIRENDRA BHAVANJI GALA,MUMBAI vs. PCIT (CENTRAL, MUMBAI-4, MUMBAI

In the result appeal of the assessee is allowed

ITA 1654/MUM/2023[2018-19]Status: DisposedITAT Mumbai30 Aug 2023AY 2018-19
Section 263

section 144A to the Deputy Commissioner seeking his opinion regarding taxability of amount received by assessee. The Deputy Commissioner gave directions to Assessing Officer to the effect that said receipt of damages was not taxable in the hands of the appellant neither as business income nor as capital gains

NAGJI KESHAVJI RITA,MUMBAI vs. PR. CIT , MUMBAI

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

ITA 612/MUM/2021[2016-17]Status: DisposedITAT Mumbai19 Jan 2023AY 2016-17

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

Section 115BSection 15BSection 263Section 68

gain on sale of the shares of Inventure Growth & Securities Ltd constitute one of the items of increase in share capital of the assessee which was one of the issues for examination under the limited scrutiny. Hence, we reject the contention of the assessee , that the issue of sale of penny stock orsale of shares of Inventure Growth & Securities

ASHOK KUMAR PANDEY,VILE PARLE vs. ACIT, KAUTALIYA BHAVAN

The appeal are dismissed

ITA 3986/MUM/2023[A.Y 2013-14]Status: DisposedITAT Mumbai03 Oct 2024

Bench: Shri Prashant Maharishi, Am & Shrianikesh Banerjee, Jm A.Y.2013-14 Ashok Kumar Pandey, Acit, 3Rd Floor, Plot No.37, Kautaliaya Bhavan, Kavita, Vithal Nagar, Income Tax Department, Vs. Chs, Ltd., Vithal Nagar, N.S. Road No.11 J.V.P.D. Scheme, Vile Parle.

Section 142(1)Section 143(2)Section 143(3)Section 250

Section 144A on 18.02.2016 wherein the learned Joint Commissioner after calling report from the Assessing Officer held as under: (i) The assessee is a Managing Director of the Company and is actively participating in the affairs of the company. (ii) Assessee has made investment in mutual funds and also shares in India deriving dividend and capital gains

LALITADEVI GIRIRAJ KISHORE MALPANI,MUMBAI vs. ITO WARD 41(4)(2), MUMBAI, MUMBAI

In the result, appeal filed by the assessee is allowed

ITA 5023/MUM/2025[2015 - 16]Status: DisposedITAT Mumbai30 Dec 2025

Bench: Shri Narender Kumar Choudhryassessment Year : 2015-16 Lalitadevi Giriraj Kishore Income Tax Officer, Malpani, Ward-41(4)(2), 502, 5Th Floor,Sea View Chs, Vs. R.No. 116,Kautilya Bhawan, Near Ram Mandir Temple, C-41 To C-43,G Block, Bkc, Bangur Nagar,Goregaon (W), Bandra (E), Mumbai-400090. Mumbai-400051. Pan : Aadpm9211C (Appellant) (Respondent) For Assessee : Shri Ajay Daga , Ld. Ld. Ar For Revenue : Shri Vikas Chandra, Ld. Sr.Dr Date Of Hearing : 10-11-2025 Date Of Pronouncement : 30-12-2025 O R D E R This Appeal Has Been Preferred By The Assessee Againstthe Order Dated 28-06-2024 Impugned Herein Passed By The Addl/Jcit(A)-6, Kolkata/Ld. Commissioner Of Income Tax (In Short “Ld.Commissioner”) U/S. 250 Of The Income Tax Act, 1961 (In Short „The Act‟) For The Ay. 2015-16. 2 2. At The Outset It Is Observed That There Is A Delay Of 346 Days In Filing The Instant Appeal On Which The Assessee Has Claimed As Under:

For Appellant: Shri Ajay Daga , Ld. Ld. ARFor Respondent: Shri Vikas Chandra, Ld. Sr.DR
Section 143(3)Section 250Section 271(1)(c)

144A of the Act, vide Assessment Order, treated the capital gain of Rs. 11,98,813/- earned from the said property, as Short Term Capital Gain, and 6 added the same in the income of the assessee, by passing the assessment order. 9. The assessee being aggrieved, challenged the said addition of disallowance by filing first appeal before

MAHENDRA KAPADIA,MUMBAI vs. ITO 18(2)(3), MUMBAI

In the result, appeal in ITA No

ITA 4275/MUM/2023[2013-14]Status: DisposedITAT Mumbai29 Apr 2024AY 2013-14

Bench: Shri Anikesh Banerjee & Miss. Padmavathy.S

For Appellant: Shri Viraj MehtaFor Respondent: Shri R.R. Makwana, JCIT
Section 143(3)Section 144ASection 250Section 55A

section 143(3) of the Act date of order31/03/2016. 2 Mahendra Kpadia, Mumbai 2. The assessee has taken the following grounds of appeal: - “1. On facts and circumstances, Ld. CIT(A) has erred in confirming the addition made by Ld AO in taxing the Long Term Capital Gains on sale of inherited agricultural lands as Business Income

BHAGWATI RAJARAM CHANDORA,MUMBAI vs. ITO WARD 18(1)(2), MUMBAI

In the result, the appeal by the assessee is allowed

ITA 4786/MUM/2023[2011-12]Status: DisposedITAT Mumbai04 Apr 2025AY 2011-12

Bench: Shri B.R. Baskaranshri Sandeep Singh Karhailbhagwati Rajaram Chandora, Room No.30, 3Rd Floor, Ganesh Bhuwan, 80 Ramwadi, Kalbadevi Road, Mumbai – 400002 ............... Appellant Pan : Aecpc8718H V/S Ito, Ward – 18(1)(2), Mumbai - 400002 ……………… Respondent

For Appellant: Shri Bhupendra ShahFor Respondent: Ms. Monika H. Pande, Sr.AR
Section 10(38)Section 131Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 144ASection 147Section 148Section 234

144A. 3. In the facts and circumstances of the case and in law, the Learned Assessing Officer erred in making additions by treating Notional Cash Commission of Rs. 1,86,489/- as unexplained expenditure u/s 69C of the Income Tax Act, 1961 without appreciating that there was no evidence of payment of commission in Cash and that the Appellant

VINAY ARUN JOSHI,THANE vs. PCIT CENTRAL MUMBAI-1, MUMBAI

In the result, the appeal of the assessee is allowed

ITA 3721/MUM/2025[2017-18]Status: DisposedITAT Mumbai30 Jul 2025AY 2017-18
For Appellant: Shri Satish R. ModyFor Respondent: Shri Vivek Perampurna, CIT-DR
Section 132(1)Section 139(1)Section 143(2)Section 153ASection 48

Capital Gain, the AO could not have acquire any jurisdiction to\ndisallow such indexed cost of acquisition and having not done that the AO\nhas not made mistake in the instant case and the order so passed cannot\nbe held as erroneous as well as prejudicial to the interest of the Revenue.\nIt was further submitted that where

AVANA GLOBAL FZCO,MUMBAI vs. COMMISSIONER OF INCOME TAX (INTERNATIONAL TAX)-1, MUMBAI

In the result, appeal of the assessee is allowed

ITA 2731/MUM/2024[2018-19]Status: DisposedITAT Mumbai30 Jul 2024AY 2018-19
For Appellant: Shri Dhanesh Bafna, Shri Hardik Nirmal & Ms. HinalFor Respondent: Smt. Shaileja Rai, CIT, D/R
Section 143(3)Section 144C(3)Section 263

144A;(ii)an order\nmade by the Joint Commissioner in exercise of the powers or in the\nperformance of the functions of an Assessing Officer [or the Transfer Pricing\nOfficer, as the case may be,] conferred on, or assigned to, him under the orders\nor directions issued by the Board or by the Principal Chief Commissioner or\nChief Commissioner

MR. ABHIJEET SONI,MUMBAI vs. ITO-16(2)(1), MUMBAI

In the result, the appeal filed by the assessee is partly allowed

ITA 2920/MUM/2022[2007-08]Status: DisposedITAT Mumbai20 Apr 2023AY 2007-08

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Bleabhijeet Soni V. Income Tax Officer – 16(2)(1) Room No. 441 C/O- M/S. Jayesh Sangharajka & Co.Llp 405, Hind Rajasthan Centre Aayakar Bhavan Ds Phalke Road Mumbai - 400020 Dadar (E), Mumbai - 400014 Pan: Aadps8454R (Appellant) (Respondent)

Section 143(1)Section 143(2)Section 144ASection 148

capital gains and income from other sources. Vide letter dated 05.12.2014 the assessee filed a petition u/s. 144A of the Act with the Joint CIT 16(2), Mumbai and Ld. JCIT passed the order u/s. 144A of the Act directing the Assessing Officer to dispose off the petitions filed by the assessee by way of speaking order before proceeding

IMPRESARIO ENTERTAINMENT & HOSPITALITY PVT LTD,MUMBAI, INDIA vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX PCIT, MUMBAI-5, AYAKAR BHAVAN MUMBAI

In the result, appeal of the assessee is allowed

ITA 1926/MUM/2024[AY 2018-19]Status: DisposedITAT Mumbai29 Jul 2024
For Appellant: \nShri Rahul Hakani, A/RFor Respondent: Ms. Madhu Malati Ghosh, CIT, D/R
Section 143(3)Section 263

144A;(ii)an order\nmade by the Joint Commissioner in exercise of the powers or in the\nperformance of the functions of an Assessing Officer [or the Transfer Pricing\nOfficer, as the case may be,] conferred on, or assigned to, him under the orders\nor directions issued by the Board or by the Principal Chief Commissioner or\nChief Commissioner

BANK OF BARODA,MUMBAI vs. ACIT 2 (1)(1), MUMBAI

In the result, the appeal by the Revenue is dismissed

ITA 1649/MUM/2019[2016-17]Status: DisposedITAT Mumbai06 Feb 2025AY 2016-17
For Appellant: Mr. C. NareshFor Respondent: Mr. Kailash C. Kanojiya, CIT-DR
Section 115JSection 143(3)Section 14ASection 250

144A of the Act\nrow Rule 8D(2) of the Rules. We find that assessee had voluntarily disallowed\nthe sum of Rs.7,94,39,436/ under Rule 8D(2) (ii) of the Rules considering the\ninvestments which had yielded exempt income. We find that the Id CIT(A) on\nappreciating the fact that assessee has flooded with sufficient

ACIT CIR 2(1)(1), MUMBAI vs. BANK OF BARODA, MUMBAI

In the result, the appeal by the Revenue is dismissed

ITA 2777/MUM/2019[2016-17]Status: DisposedITAT Mumbai06 Feb 2025AY 2016-17

Bench: Shri Amarjit Singhshri Sandeep Singh Karhailbank Of Baroda, C-26, G-Block, Baroda Corporate Centre, Bandra Kurla Complex, Bandra (East), Mumbai-400051. ……………. Appellant Pan: Aaacb 1534 F V/S Acit, 2(1)(1), ……………. Respondent Mumbai-400051. Acit, Circle - 2(1)(1), Room No. 561, 5Th Floor, Aayakar Bhavan, M.K. Road, ……………. Appellant Mumbai-400020. V/S Bank Of Baroda, C-26, G-Block, Baroda Corporate Centre, Bandra ……………. Respondent Kurla Complex, Bandra (East), Mumbai-400051. Pan: Aaacb 1534 F

For Appellant: Mr. C. NareshFor Respondent: Mr. Kailash C. Kanojiya, CIT-DR
Section 115JSection 143(3)Section 14ASection 250

144A of the Act row Rule 8D(2) of the Rules. We find that assessee had voluntarily disallowed the sum of Rs.7,94,39,436/ under Rule 8D(2) (ii) of the Rules considering the investments which had yielded exempt income. We find that the Id CIT(A) on appreciating the fact that assessee has flooded with sufficient

DCIT-7(1)(1), MUMBAI vs. GOLDMAN SACHS (INDIA) SECURITIES PVT. LTD., MUMBAI

ITA 4276/MUM/2025[2013-14]Status: DisposedITAT Mumbai09 Sept 2025AY 2013-14
Section 143(2)Section 143(3)Section 144C(1)Section 37(1)

144A, 1st floor,\nAayakar Bhawan,\nMumbai-400020.\nAppellant\nVs.\nGoldman Sachs (India) Securities\nPvt. Ltd.,\n951 A, Rational House,\nAppasaheb Marathe Marge,\nPrabhadevi,\nMumbai-400025.\nPAN NO. AAFCA 6819 F\nRespondent\nAssessee by\n: Mr. Fenil Bhatt\nRevenue by\n: Ms. Neena Jeph, CIT-DR\nDate of Hearing\n: 14/08/2025\nDate of pronouncement : 09/09/2025\nORDER\nPER OM PRAKASH KANT