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4 results for “capital gains”+ Section 268Aclear

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Key Topics

Section 1449Section 1476Section 576Section 143(3)3Section 268A3Section 2(47)3Deduction3Disallowance3Addition to Income3

ACIT CENT. CIR 5(4), MUMBAI vs. SHRI NITIN CHHATWAL, MUMBAI

In the result, the appeal filed by the Revenue is dismissed

ITA 2269/MUM/2021[2018-19]Status: DisposedITAT Mumbai13 Feb 2023AY 2018-19

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2018-19 The Asst. Cit Central Circle-5(4), Shri Nitan Chhatwal, Room No. 1927, 19Th Floor, Air Plot No. 2, New India Co- India Building, Nariman Point, Vs. Op Ew Road No. 2, Jvpd Mumbai-400021. Scheme, Juhu, Mumbai-400049. Pan No. Aagpc 9892 G Appellant Respondent : Revenue By Dr. Mahesh Akhade, Cit-Dr Assessee By : Mr. Mani Jain : Date Of Hearing 07/02/2023 : Date Of Pronouncement 13/02/2023

For Appellant: Mr. Mani JainFor Respondent: Revenue by Dr. Mahesh Akhade, CIT-DR
Section 2(47)

gain stocks and therefore, appeals involving long term c stocks and therefore, appeals involving long term c (LTCG)/short term cap (LTCG)/short term capital loss (STCL) on penny stock, ital loss (STCL) on penny stock, the CBDT (i.e. Board) has direct to decide the issue on merit as exception has direct to decide the issue on merit as exception

DY COMMISSIONER OF INCOME TAX, MUMBAI vs. HITESH SHANTILAL MEHTA, MUMBAI

In the result, the cross-objections filed by the assessee are allowed

ITA 7796/MUM/2025[2000-01]Status: DisposedITAT Mumbai09 Feb 2026AY 2000-01

Bench: the Tribunal, as stipulated under CBDT Circular No.09/2024 dated 17.09.2024. It was also not the case of the Revenue that the present appeals fall within any of the exceptions carved out in the said Circular. In view of this admitted position and having regard to the binding nature of the Circular, which expressly applies even to pending appeals, the maintainability of the Revenue's appeals stands squarely governed by the said Circular. 3

Section 143(3)Section 144Section 147Section 268ASection 57

268A of the Act embodies a clear and deliberate policy decision to regulate departmental litigation and to ensure that appeals involving insignificant tax effect do not occupy the time of appellate fora. Such Circulars are binding on the Revenue authorities and, once the conditions stipulated therein are satisfied, the Tribunal is obliged to give effect to the same. 4. Once

DY COMMISSIONER OF INCOME TAX, MUMBAI vs. HITESH SHANTILAL MEHTA, MUMBAI

In the result, the cross-objections filed by the assessee are allowed

ITA 7797/MUM/2025[2004-05]Status: DisposedITAT Mumbai09 Feb 2026AY 2004-05

Bench: the Tribunal, as stipulated under CBDT Circular No.09/2024 dated 17.09.2024. It was also not the case of the Revenue that the present appeals fall within any of the exceptions carved out in the said Circular. In view of this admitted position and having regard to the binding nature of the Circular, which expressly applies even to pending appeals, the maintainability of the Revenue's appeals stands squarely governed by the said Circular. 3

Section 143(3)Section 144Section 147Section 268ASection 57

268A of the Act embodies a clear and deliberate policy decision to regulate departmental litigation and to ensure that appeals involving insignificant tax effect do not occupy the time of appellate fora. Such Circulars are binding on the Revenue authorities and, once the conditions stipulated therein are satisfied, the Tribunal is obliged to give effect to the same. 4. Once

DY COMMISSIONER OF INCOME TAX, MUMBAI vs. HITESH SHANTILAL MEHTA, MUMBAI

In the result, the cross-objections filed by the assessee are allowed

ITA 7798/MUM/2025[2018-19]Status: DisposedITAT Mumbai09 Feb 2026AY 2018-19

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 143(3)Section 144Section 147Section 268ASection 57

268A of the Act embodies a clear and deliberate policy decision to regulate departmental litigation and to ensure that appeals involving insignificant tax effect do not occupy the time of appellate fora. Such Circulars are binding on the Revenue authorities and, once the conditions stipulated therein are satisfied, the Tribunal is obliged to give effect to the same. 4. Once