BharatTax.net
SearchITATHigh CourtsSupreme CourtAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

6 results for “capital gains”+ Section 271Bclear

Sorted by relevance

Jaipur6Mumbai6Ahmedabad6Lucknow5Delhi4Indore3Bangalore2Kolkata2Surat1Chennai1Dehradun1Jodhpur1Patna1Raipur1

Key Topics

Section 44A7Section 10(38)6Section 271B5Section 32(1)5Section 1475Section 1485Section 2634Capital Gains4Deduction3Section 250

MAMTA MEHTA,MUMBAI vs. ITO , MUMBAI

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

ITA 1442/MUM/2021[2011-12]Status: DisposedITAT Mumbai31 Jul 2023AY 2011-12

Bench: Shri Vikas Awasthy& Shri Amarjit Singh आअसं.1442 /मुं/2021 ("न.व. 2011-12) आअसं.1534 /मुं/2022 ("न.व. 2016-17) Mamta Mehta, B-3, Bldg No.3, Saibaba Enclave, Behind Citi Centre, Goregaon West Mumbai 400 062. Pan: Afxpm-6021-P ...... अपीलाथ"/Appellant बनाम Vs. Income Tax Officer, Ward 31(2)(3), Kautalya Bhavan, C-41 To C-43, G-Block, Bkc, Bandra(E) Mumbai – 400 051 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Bhupendra Shah ""तवाद" "वारा/Respondent By : Shri Prakash Choughule सुनवाई क" "त"थ/ Date Of Hearing : 14/07/2023 घोषणा क" "त"थ/ Date Of Pronouncement : 31/07/2023 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Prakash Choughule
Section 10(38)Section 44A

capital gains arising there from on which the assessee had claimed exemption u/s. 10(38) of the Act was denied. The findings of the Assessing Officer were confirmed by the CIT(A), the Tribunal and the Hon’ble High Court. 13. We find that in the instant case the Assessing Officer has not carried out his independent investigation

2
Business Income2
Penalty2

MAMTA MEHTA,MUMBAI vs. INCOME TAX OFFICER WARD 31(2)(3), MUMBAI

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

ITA 1534/MUM/2022[2016-17]Status: DisposedITAT Mumbai31 Jul 2023AY 2016-17

Bench: Shri Vikas Awasthy& Shri Amarjit Singh आअसं.1442 /मुं/2021 ("न.व. 2011-12) आअसं.1534 /मुं/2022 ("न.व. 2016-17) Mamta Mehta, B-3, Bldg No.3, Saibaba Enclave, Behind Citi Centre, Goregaon West Mumbai 400 062. Pan: Afxpm-6021-P ...... अपीलाथ"/Appellant बनाम Vs. Income Tax Officer, Ward 31(2)(3), Kautalya Bhavan, C-41 To C-43, G-Block, Bkc, Bandra(E) Mumbai – 400 051 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Bhupendra Shah ""तवाद" "वारा/Respondent By : Shri Prakash Choughule सुनवाई क" "त"थ/ Date Of Hearing : 14/07/2023 घोषणा क" "त"थ/ Date Of Pronouncement : 31/07/2023 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Prakash Choughule
Section 10(38)Section 44A

capital gains arising there from on which the assessee had claimed exemption u/s. 10(38) of the Act was denied. The findings of the Assessing Officer were confirmed by the CIT(A), the Tribunal and the Hon’ble High Court. 13. We find that in the instant case the Assessing Officer has not carried out his independent investigation

THERMO FISHER SCIENTIFIC INDIA P. LTD,MUMBAI vs. DCIT 15(3)(1), MUMBAI

In the result, the appeal by the assessee is partly allowed for statistical\npurposes

ITA 2458/MUM/2015[2010-11]Status: DisposedITAT Mumbai16 Jul 2025AY 2010-11
For Appellant: Shri Dhanesh Bafna, Shri Amol MahajanFor Respondent: Shri Ajay Chandra, CIT-DR
Section 143(3)Section 144CSection 144C(5)Section 32(1)

capital gains', which is not relevant for the\npresent case. On examining the aforesaid provisions, as referred in section 80\nITA No.2458/Mum/2015 (A.Y. 2010-11)\n19\nof the Act, prima facie, these sections do not cover or deal with procedure of\nsetting off of unabsorbed depreciation and investment allowance.\n10. Section 32 of the Act deals with different types

TEJRAJ DALICHAND JAIN,MUMBAI vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal is allowed

ITA 560/MUM/2024[2018-19]Status: DisposedITAT Mumbai29 May 2024AY 2018-19

Bench: Shri Amit Shukla & Shri Ratnesh Nandan Sahayassessment Year: 2018-19 Tejraj Dalichand Jain National Faceless Flat No. 14, Nakshtra, Assessment Centre Vs. Chandavarkar Road, Ito 25(2)(2) Borivali (West)- 400092. Bkc, Mumbai. Pan: Aabpj3476C (Appellant) (Respondent) Present For: Assessee By : Shri Neelkanth Khandelwal, A.R. Revenue By : Shri P.D. Chougule, (Addl. Cit), Sr. D.R. Date Of Hearing : 21 . 05 . 2024 Date Of Pronouncement : 29 . 05 . 2024 O R D E R Per: Ratnesh Nandan Sahay: 1. This Appeal Has Been Filed Against The Order Of The Ld. Cit Appeal Passed U/S 250 Of The Income Tax Act (“Act” In Short) Vide Order No. Itba/Nfac/S/250/2023- 24/1059124020(1) Dated 28.12.2023 For Assessment Year 2018-19. 2. The Following Grounds Of Appeal Have Been Raised: “The Following Grounds Of Appeal Are Independent Of & Without Prejudice To, One Another-

For Appellant: Shri Neelkanth Khandelwal, A.RFor Respondent: Shri P.D. Chougule, (Addl. CIT), Sr. D.R
Section 250Section 271BSection 28Section 28(5)Section 44A

gains from business and profession" by virtue of deeming provisions of section 28(v) of the Act and hence, the CIT(A) ought not to have upheld the action of the Assessing Officer in levying the impugned penalty. 4. The appellant craves leave to add to, alter or amend the aforestated ground of appeal.” 3. There is only one ground

ASIA TODAY LTD,MUMBAI vs. ADIT (IT) 2(2), MUMBAI

In the result, Assessee's appeal is allowed

ITA 1403/MUM/2008[2004-2005]Status: DisposedITAT Mumbai24 Dec 2025AY 2004-2005

Bench: Shri Narender Kumar Choudhry & Shri Omkareshwar Chidaraassessment Year: 2004-05 M/S. Asia Today Limited, Asst. Director Of Income C/O. Zee Entertainment Enterprises Tax (International Ltd., Vs. Taxation)-2(2), 135, Dr. Annie Besant Road, Scindia House, Worli, Mumbai – 400 018 Bellard Estate, Pan: Aabca0249F Mumbai - 400039 (Appellant) (Respondent) Present For: Assessee By : Shri Niraj Sheth, Ld. A.R. Revenue By : Shri Krishna Kumar, Ld. Sr. D.R. Date Of Hearing : 10.10.2025 Date Of Pronouncement : 24.12.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 25.01.2007, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2004-05. 2. The Relevant Facts For Adjudication Of This Appeal Are As Under: The Assessee, Being A Foreign Telecasting Company Incorporated In Mauritius & Having Tax Residency Certificate Of Mauritius , During The Ay Under Consideration Was Engaged In The Production & Acquiring Rights Of Various Television Films Including Feature Films, As A Copy Right Owner/Holder Of Various Hindi Feature Films Produced & Censored In India, As Mentioned In Schedule ‘C’ Annexed With The ‘Agreement Of 2 M/S Asia Today Ltd. Vs Asst. Dit (Int. Taxation)-2(2)

For Appellant: Shri Niraj Sheth, Ld. A.RFor Respondent: Shri Krishna Kumar, Ld. Sr. D.R
Section 250Section 9(1)(vi)

gains of the assessee has not been computed as per the provisions of the Income-tax Act, the profit/loss has to be computed as per Rule 10(i) of the Income-tax Rules in which the global profitability can only be taken as one of the factors. 3.5.3 The assessee submits that all its activities have been carried out outside

VAIBHAV BHARGAVA,THANE vs. PRINCIPAL COMMISSIONER OF INCOME TAX MUMBAI-27, VASHI, NAVI MUMBAI

In the result, appeal of the assessee is allowed

ITA 2540/MUM/2025[2018-19]Status: DisposedITAT Mumbai08 Oct 2025AY 2018-19

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Anikesh Banerjee, Hon’Ble

For Appellant: Shri Viraj Mehta, A/RFor Respondent: Shri Vivek Perampurna, CIT D/R
Section 139Section 143(3)Section 147Section 148Section 148ASection 263Section 270A

capital gains on sale of securities. For the year under consideration, the assessee missed filing the return of income u/s 139 of the Act and as per the information received from the INSIGHT portal, the AO formed a I.T.A. No. 2540/Mum/2025 2 belief that the assessee has not disclosed certain transactions and hence has not filed his return of income