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500 results for “capital gains”+ Section 264clear

Sorted by relevance

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Key Topics

Section 143(3)62Addition to Income60Disallowance43Deduction34Section 1133Section 14729Section 153A28Section 14A25Section 13225Section 68

RELIANCE POWER LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 15(3)(1), MUMBAI

In the result, ground of appeal raised by assessee is allowed

ITA 1348/MUM/2023[2013-2014]Status: DisposedITAT Mumbai14 Oct 2025AY 2013-2014

Bench: Shri Pawan Singh& Shri Omkareshwar Chidara(Physical Hearing) Dcit – 15(3)(1), Mumbai Reliance Power Limited Room No. 460, 4Th Floor, H-Block, 1St Floor, Dhirubhai Ambani Vs Aayakar Bhavan, M.K. Road, Knowledge City, Koperkhairane, Mumbai – 400020] Navi Mumbai-400710 [Pan: Aaacr2365L] Appellant / Revenue Respondent / Assessee Reliance Power Limited Dcit – 15(3)(1), Mumbai Room No. 460, 4Th Floor, Aayakar Reliance Centre, Ground Floor, 19 Vs Walchand Hirachand Marg, Bhavan, M.K. Road, Ballard Estate, Mumbai – 400001. Mumbai – 400020] [Pan: Aaacr2365L] Appellant / Assessee Respondent / Revenue

Section 14ASection 254(1)Section 50

gain arising from transfer from short term capital asset for the purpose of section 50. To support his submission, the ld. AR of the assessee also relied upon the decision of Hon’ble Bombay High Court in CIT vs Manali Investments (2013) 39 taxmann.com 4 (Bom), CIT vs Parrys (Eastern) (P) Ltd. (2016) 384 ITR 264

Showing 1–20 of 500 · Page 1 of 25

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23
Section 143(2)23
Depreciation23

TATA COMMUNICATIONS LIMITED,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX, MUMBAI

In the result, the question of law referred to the Special Bench is answered in favour of the assessee

ITA 3515/MUM/2025[2018-19]Status: DisposedITAT Mumbai25 Sept 2025AY 2018-19

Bench: Shri Saktijit Dey & Shri Arun Khodpiatata Communications Limited Pr. Cit, Videsh Sanchar Bhavan, Mumbai-1 Vs. M. G. Road, Fort, Mumbai-400 001 Pan/Gir No. Aaacv 2808 C (Appellant) : (Respondent) Appellant By : Shri J. D. Mistri Respondent By : Shri Ritesh Misra, Cit Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Saktijit Dey: The Present Appeal, At The Instance Of The Assessee, Assails Order Dated 21.03.2025, Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ For Short), By Learned Principal Commissioner Of Income Tax (‘Ld. Pcit’ For Short), Pertaining To The Assessment Year (A.Y.) 2018-19. 2. Though The Assessee Has Raised Multiple Grounds, Both On Jurisdictional Issues As Well As On Merits, However, There Is Consensus Between The Parties That The Appeal Can Be Decided On Merits, In Which Event, There Is No Need To Go Into Various Other Issues Raised In Appeal.

For Appellant: Shri J. D. MistriFor Respondent: Shri Ritesh Misra, CIT DR
Section 112Section 143(3)Section 263Section 50

gains will prevail. Once the Hon’ble High Court has held that section 50 does not convert a ‘long term capital asset’ to a ‘short term capital asset’, then the rate of tax is applicable for the transfer of a long term capital asset has to be in accordance with section 112 of the Act. The deeming fiction of section

DCIT 4(3)(1), MUMBAI vs. RELIANCE TRANSPORT AND TRAVELS P.LTD, MUMBAI

In the result, appeal of the Revenue is dismissed

ITA 5683/MUM/2017[2013-14]Status: DisposedITAT Mumbai19 Jul 2022AY 2013-14

Bench: Shri Amit Shukla & Shri S. Rifaur Rahman: A.Y : 2013-14 Asst. Commissioner Of Income Vs. M/S. Reliance Transport & Tax – 4(3)(1), Travels Pvt. Ltd., Mumbai (Appellant) 6Th Floor, Nagin Mahal, 82, Veer Nariman Road, Churchgate, Mumbai 400 020. Pan : Aaacr2380M (Respondent)

For Appellant: Shri Nimesh YadavFor Respondent: Shri Yogesh Thar
Section 143(3)

Section 54E of the Act, it has to be treated as Long term capital gains. Later on, the same principle was reiterated by the Hon'ble Bombay High Court in the case of CIT vs Parrys (Eastern) (P) Ltd., 384 ITR 264

CYFAST ENTERPRISES P.LTD,MUMBAI vs. DCIT CIR 10(3), MUMBAI

The appeal of the Revenue is allowed

ITA 1878/MUM/2015[2011-12]Status: DisposedITAT Mumbai22 Nov 2016AY 2011-12

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year:2011-12 Cyfast Enterprises Pvt. Ltd. Dcit, Afl House, Circle-10(3), बनाम/ Lok Bharati Complex, Aayakar Bhavan, Vs. Marol Maroshi Road, M.K. Road, Andheri (East), Mumbai-400020 Mumbai-400059 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aaacu4945K "नधा"रती क" ओर से / Assessee By Shri Nitesh Joshi & Shri Sunil Jhunjhunwala राज"व क" ओर से / Revenue By Shri Anandi Verma-Cit-Dr

Section 50B

capital gain from the transfer of assets of the undertaking as one unit, it can be seen from the above Table B that aggregate value of all assets have been fixed at `105 as against the book value of `10. This gives the figure of capital gain at `95 (`105 – 10). If we accept the contention of the assessee that

SMT.MANJU MAHENDRA GOYAL,MUMBAI vs. INCOME TAX OFFICER 19(2)(3), MUMBAI

The appeal of the assessee is partly allowed

ITA 994/MUM/2018[2012-13]Status: DisposedITAT Mumbai08 Oct 2018AY 2012-13

Bench: Shri Joginder Singh, Assessment Year: 2012-13 Smt. Manju Mahendra Goyal Income Tax Officer-19(2)(3), A/802, Surya Apartments, Room No.2018, Matru बनाम/ 53, Bhulabhai Desai Road, Mandir, Tardeo Road, Vs. Mumbai-400026 Mumbai-400007 "नधा"रती / Assessee राज"व / Revenue P.A. No.Aafpg2990N

Section 45Section 54

section 264 of the Income-tax Act, 1961, which was rejected by the Commissioner of Income- tax, vide order dated February 5, 1985. It is pertinent to mention that two issues, viz., (i) whether the petitioner had a choice to choose the property against which the capital gains

ITO 16(1)(4), MUMBAI vs. SHASHANKA GHOSH, MUMBAI

The appeal of the Revenue is dismissed

ITA 6751/MUM/2016[2011-12]Status: DisposedITAT Mumbai04 Oct 2018AY 2011-12

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2011-12 Income Tax Officer-16(1)(4), Vs Shri Shashanka Ghosh, Room No.438, 4Th Floor, C-701, Jay Bharat Chs Ltd. Aayakar Bhavan, Off. Yari Road,Near Amarnath M. K. Road, Tower, Varsova Andher (West), Mumbai-400020 Mumbai-400061 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Acwpg5915E

Section 54

section 264 of the Income-tax Act, 1961, which was rejected by the Commissioner of Income-tax, vide order dated February 5, 1985. It is pertinent to mention that two issues, viz., (i) whether the petitioner had a choice to choose the property against which the capital gains

ACIT-16(1), MUMBAI vs. SHREY GULERI, MUMBAI

The appeal of the Revenue is dismissed

ITA 6147/MUM/2016[2009-10]Status: DisposedITAT Mumbai22 Mar 2018AY 2009-10

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2009-10 Acit, Circle-16(1) Shri Shrey Sharma Guleri बनाम/ Room No.439, Aayakar Prime Channel Software Bhawan, 101, M.K. Road Communications P. Ltd. Vs. Mumbai 400 020 215, Kuber Complex New Link Road Andheri (West) Mumbai 400 053 (याजस्व /Revenue) (यनधाारयती /Assessee) P.A. No. Aaapg4566H याजस्व की ओर से / Revenue By Shri Saurabh Rai यनधाारयती की ओर से / Assessee By Shri Dilip V. Lakhani ुनवाई की तायीख / Date Of Hearing : 20/03/2018 आदेश की तायीख /Date Of Order: 22/03/2018

Section 143(1)Section 143(3)Section 148Section 54Section 54F

section 264 of the Income-tax Act, 1961, which was rejected by the Commissioner of Income-tax, vide order dated February 5, 1985. It is pertinent to mention that two issues, viz., (i) whether the petitioner had a choice to choose the property against which the capital gains

ACIT 19(3), MUMBAI vs. SACHIN R. TENDULKAR, MUMBAI

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

ITA 3217/MUM/2014[2010-11]Status: DisposedITAT Mumbai25 Jan 2017AY 2010-11

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2010-11 & Assessment Year: 2011-12 Acit 19(3), Shri Sachin R. Tendulkar, R.No.305, 3Rd Floor, 19-A Perry Rd, बनाम/ Pirmal Chanbers, Bandra (E) Vs. Parel Mumbai-400050 Mumbai-400012 (Revenue) (Respondent ) P.A. No.Aaapt4135B Revenue By Shri Ta Khan (Dr) Respondent By Shri Jitendra Jian (Ar) सुनवाई क" तार"ख/Date Of Hearing: 28/11/2016 आदेश क" तार"ख /Date Of Order: 25 /01/2017

Section 143(3)Section 14A

264,681 9,265,237 14,485,693 l 7.2. Further, the analysis of short term capital gain furnished by the appellant is as follows: Particulars PMS Direct Total Equity (STT 2270494 2405327 4675821 paid) Mutual funds 4413129 - 4413129 (STT Paid) Total 6683623 2405327 9088950 The holding period of shares under the PMS and declared under the head short term

MOHAN KAPOORCHAND JAIN,MUMBAI vs. ADDL CIT 20(2), MUMBAI

In the result, appeals of the assessees are allowed in part where as appeal of revenue in assessment 2009-2010 is dismissed

ITA 3541/MUM/2012[2007-08]Status: DisposedITAT Mumbai30 Sept 2016AY 2007-08
For Appellant: Shri S.L.Tiwari and Ms. Rutuza N. PawarFor Respondent: Neil Philip

sections 111A and 115AD have further been amended whereby the rate of tax on such short-term capital gain has been raised to fifteen percent. Thus, w.e.f. 01.10.2004; on the share transactions subjected to STT; concessional tax rate of 10% (which has been increased to 15% from AY 2009-10) are applicable in respect of STCG whereas

MOHAN KAPOORCHAND JAIN,MUMBAI vs. JCIT 20(2), MUMBAI

In the result, appeals of the assessees are allowed in part where as appeal of revenue in assessment 2009-2010 is dismissed

ITA 3542/MUM/2012[2008-09]Status: DisposedITAT Mumbai30 Sept 2016AY 2008-09
For Appellant: Shri S.L.Tiwari and Ms. Rutuza N. PawarFor Respondent: Neil Philip

sections 111A and 115AD have further been amended whereby the rate of tax on such short-term capital gain has been raised to fifteen percent. Thus, w.e.f. 01.10.2004; on the share transactions subjected to STT; concessional tax rate of 10% (which has been increased to 15% from AY 2009-10) are applicable in respect of STCG whereas

MOHAN KAPOORCHAND JAIN,MUMBAI vs. ASST CIT 21(1), MUMBAI

In the result, appeals of the assessees are allowed in part where as appeal of revenue in assessment 2009-2010 is dismissed

ITA 3543/MUM/2012[2009-10]Status: DisposedITAT Mumbai30 Sept 2016AY 2009-10
For Appellant: Shri S.L.Tiwari and Ms. Rutuza N. PawarFor Respondent: Neil Philip

sections 111A and 115AD have further been amended whereby the rate of tax on such short-term capital gain has been raised to fifteen percent. Thus, w.e.f. 01.10.2004; on the share transactions subjected to STT; concessional tax rate of 10% (which has been increased to 15% from AY 2009-10) are applicable in respect of STCG whereas

A.C.I.T. CIRCLE 21(1), MUMBAI vs. MOHAN KAPOORCHAND JAIN, MUMBAI

In the result, appeals of the assessees are allowed in part where as appeal of revenue in assessment 2009-2010 is dismissed

ITA 4571/MUM/2012[2009-10]Status: DisposedITAT Mumbai30 Sept 2016AY 2009-10
For Appellant: Shri S.L.Tiwari and Ms. Rutuza N. PawarFor Respondent: Neil Philip

sections 111A and 115AD have further been amended whereby the rate of tax on such short-term capital gain has been raised to fifteen percent. Thus, w.e.f. 01.10.2004; on the share transactions subjected to STT; concessional tax rate of 10% (which has been increased to 15% from AY 2009-10) are applicable in respect of STCG whereas

ITO 32(3)(4), MUMBAI vs. STATE BANK OF INDIA STAFF VAIBHAV CO-OP. HSG. LTD., MUMBAI

In the result, the appeal of the revenue is dismissed and cross objection of the assessee is dismissed

ITA 5324/MUM/2016[2011-12]Status: DisposedITAT Mumbai19 Jun 2019AY 2011-12

Bench: Shri Pawan Singh, Jm & Shri M.Balaganesh, Am Ito-32(3)(4) Vs. State Bank Of India Staff Room No.103, 1St Floor Vaibhav Co-Op Hsg. Ltd. Aayakar Bhavan Bungalow No.8, Daulat M.K.Road, Nagar, Road No.1, Mumbai – 400 020 Borivali (E) Mumbai – 400 066 Pan/Gir No.Aaias1423J (Appellant) .. (Respondent) Co No.8/Mum/2018 (Arising Out Of Ita No.5324/Mum/2016) (Assessment Year :2011-12) State Bank Of India Vs. Ito-32(3)(4) Room No.103, 1St Floor Staff Vaibhav Co-Op Hsg. Ltd. Aayakar Bhavan Bungalow No.8, Daulat M.K.Road, Nagar, Road No.1, Mumbai – 400 020 Borivali (E) Mumbai – 400 066 Pan/Gir No.Aaias1423J (Appellant) .. (Respondent) Revenue By Shri Santanu Kumar Saikia Assessee By Shri Dr. P. Daniel Date Of Hearing 13/06/2019 Date Of Pronouncement 19/06/2019

Section 143(3)Section 148Section 50C

section 2(47) wef .04.1998. In the present case the decision of Mumbai High Court which has come much later is more relevant. On the basis of the above discussions and after considering the totality of facts and principles of law I have come to a conclusion that there is no incidence of capital gain in the hands

UDAYAN GROVER,MUMBAI vs. NATIONAL FACELESS APPEAL CENTRE(NFAC), DELHI

In the result, appeal filed by the assessee is allowed

ITA 2880/MUM/2023[2015-16]Status: DisposedITAT Mumbai07 Feb 2024AY 2015-16

Bench: Shri Aby T Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleudayan Grover V. National Faceless Appeal Centre Panch Mahal Delhi Panch Sristhi Complex {Acit – 26(3), Bkc, Mumbai} Powai, Mumbai - 400072 Pan: Aclpg0572G (Appellant) (Respondent) Assessee Represented By : Shri Vimal Punmiya Department Represented By : Ms. Kavitha Kaushik

Section 10(38)Section 131Section 133(6)Section 142(1)Section 143(2)Section 57Section 68

Section 10(38), in a pre-planned manner to evade taxes. The AO extensively relied upon the search and survey operations conducted by the Investigation Wing of the Income Tax Department in Kolkata, Delhi, Mumbai and Ahmedabad on penny stocks, which sets out the modus operandi adopted in the business of providing entries of bogus LTCG. However, the reliance placed

SANJAY KUMAR PODDAR,MUMBAI vs. JCIT (OSD) 15(1), MUMBAI

Appeal is allowed in favour of the assessee, in part

ITA 3150/MUM/2014[2009-10]Status: DisposedITAT Mumbai05 Apr 2017AY 2009-10

Bench: S/Shri Rajendra & Ram Lal Negiआयकर अपील अपील संसंसंसं./I.T.A./3150/Mum/2014, िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2009-10 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Sanjay Kumar J. Poddar, C/O Shankarlal Jt. Commissioner Of Income Tax(Osd), Jain & Associates, Circle 15(1),Matru Mandir, Vs. 12 Engineer Building, 265, Princess Mumbai-400 006. Street, Mumbai – 400 002. Pan:Aabpp 2018 E (अपीलाथ" /Appellant) (""यथ" / Respondent) आयकर अपील अपील संसंसंसं./I.T.A./3961/Mum/2014, िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2009-10 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Jt. Commissioner Of Income Tax(Osd), Sanjay Kumar J. Poddar, C/O Shankarlal Vs. Jain & Associates, Mumbai – 400 002. Mumbai-400 006. (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By: Shri A.K. Nayak- Dr Assessee By: Shri S.L. Jain

For Appellant: Shri S.L. JainFor Respondent: Shri A.K. Nayak- DR
Section 10Section 111ASection 143Section 2Section 254(1)

sections 111A and 115AD have further been amended whereby the rate of tax on such short-term capital gain has been raised to fifteen percent. Thus, w.e.f. 01.10.2004; on the share 4 3150 & 3961/M/14(09-10) Sanjay Kumar Poddar transactions subjected to STT; concessional tax rate of 10% (which has been increased to 15% from AY 2009-10) are applicable

NELCO LTD.,MUMBAI vs. A.C.I.T. RG. 15(2)(1), MUMBAI

In the result, appeal of assessee is dismissed

ITA 3825/MUM/2019[2011-12]Status: DisposedITAT Mumbai15 Dec 2023AY 2011-12

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Asst. Commissioner Of Income Tax, Range 15(2)(1) Nelco Limited Room No.357, 2Nd Floor, El-6, Electronic Zone, Mahape, Navi Mumbai-400710 Vs. Aaykar Bhavan, M.K. Road, Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaact1983C

For Appellant: Shri Percy Pardiwala, Sr. AdvFor Respondent: Shri S. Srinivasu, CIT DR
Section 115JSection 143(2)Section 143(3)Section 50B

gain u/s 50 B of the act. Same reasoning also applies to all these items of adjustment claimed by the assessee. 033. The ld CIT (A) has deal with this issue as under :- “5.4 Ground No. 3 to 6 Reduction of Sundry Creditors of Rs.1,30,41,920/-, Other Liabilities of Rs.1,94,17,656/-, Gratuity and Leave Encashment

A.C.I.T.19(2), MUMBAI vs. ALKA KIRITKUMAR UPADHYAY, MUMBAI

In the result, the appeal filed by the Revenue in ITA N0

ITA 2617/MUM/2012[2008-09]Status: DisposedITAT Mumbai17 Aug 2016AY 2008-09

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.2617/Mum/2012 ("नधा"रण वष" / Assessment Year : 2008-09) A.C.I.T. – 19(2), Smt. Alka Kiritkumar बनाम/ Room No. 315, 3 Rd Floor, Upadhyay, V. Piramal Chambers, Alka Bldg., 6T H Floor, Lalbaug, Parel, Santacruz (W), Mumbai – 400 012. Mumbai –400 054. "थायी लेखा सं./Pan : Aaapu0228Q (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Appellant: Shri Nishit GandhiFor Respondent: Shri A. Ramachandran
Section 143(2)Section 143(3)

Section 143(2) of the Act , it was observed by the A.O. that the assessee has offered short term capital gain of Rs. 44,97,330/- for taxation in the return of income filed with the Revenue. The assessee was asked to explain why the income derived from short term capital gain should not be treated as income from business

MEENA HASMUKH SAVLA,MATUNGA MUMBAI vs. ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE

In the result the appeal filed by the assessee is\nallowed

ITA 2910/MUM/2024[2016-17]Status: DisposedITAT Mumbai18 Feb 2025AY 2016-17
Section 10Section 10(38)Section 143Section 143(1)Section 143(2)Section 147Section 148Section 151Section 250Section 68

section 69C of the Act ought to have been deleted.\n\n5. The Appellant trust the above submissions sufficiently clarify the facts and the Appellant's claims, contentions and grounds of appeal and request your Honour to consider the same at the time of deciding the appeal. However, in case your Honour desires any further information/clarification

ACIT 21(1), MUMBAI vs. NAILESH P. DALAL, MUMBAI

The appeal of the revenue is dismissed and the cross-objection of the assessee is allowed

ITA 6169/MUM/2014[2010-11]Status: DisposedITAT Mumbai28 Apr 2016AY 2010-11

Bench: Shri Joginder Singh & Shri Ashwani Tanejaassessment Year: 2008-09 Acit-21(1), Shri Nailesh Dalal, 6Th Floor, C-10, 5-6, Viram, 62, बनाम/ Pratyaksh Kar Bhavan, Hatkesh Society, Vs. Bandra Kurla Complex, N. S. Road No.8, Bandra (East) Jvpd Scheme, Mumbai-400051 Mumbai-400049 (राज"व /Revenue ) ("नधा"रती /Assessee) Pan. No.Aacpd9844N Cross Objection No.49/Mum/2016 (Arising Out Of Ita No.6169/Mum/2014) Assessment Year: 2008-09 Shri Nailesh Dalal, Acit-21(1), 5-6, Viram, 62, 6Th Floor, C-10, बनाम/ Hatkesh Society, Pratyaksh Kar Bhavan, Vs. N. S. Road No.8, Bandra Kurla Complex, Jvpd Scheme, Bandra (East) Mumbai-400049 Mumbai-400051 ("नधा"रती /Assessee) (राज"व /Revenue ) Pan. No.Aacpd9844N

section 2(13). This definition does not provide much guidance so far as determining whether share transactions constitute a business or not, since the definition is inclusive definition and therefore merely illustrative and not all-embracing. (ii) That the appellant is the director of M/s Dalal & Broacha stock Broking Pvt Ltd., since more than 10 years. The appellant has received

HEMANT SHAH,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-20(1), MUMBAI

In the result, appeal of the assessee is partly allowed

ITA 4566/MUM/2017[2013-14]Status: DisposedITAT Mumbai25 Feb 2020AY 2013-14

Bench: Shri R.C. Sharma (A.M.) & Shri Pawan Singh (Jm) Hemant Shah Acit-20(1), Mumbai 10, Oomed Sadan 58, Sion, Mumbai 400 022 Vs Pan : Aadps2405E Appellant Respondednt

Section 143(3)Section 54Section 54ESection 54F

264/- 34,99,372/- 60.40,636/- allowed 5. In view of the aforesaid explained facts the ld. AR for the assessee explained that the assessee and minors invested the capital gain in the capital gain account scheme for availing exemption u/s 54F. Accordingly, minors, viz. Aditya and Natisha have no income 6 ITA No. 4566/Mum/2017-Hemant Shah (AY 2013-14) chargeable