BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI 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.

442 results for “capital gains”+ Section 40A(2)clear

Sorted by relevance

Mumbai442Delhi402Bangalore130Ahmedabad110Kolkata100Chennai96Jaipur79Hyderabad70Raipur39Pune38Chandigarh37Cochin33Indore30Visakhapatnam28Cuttack12Surat12Lucknow10Rajkot8Dehradun8Amritsar8Karnataka6SC5Guwahati4Patna3Calcutta3Jodhpur2Jabalpur1Allahabad1Agra1Nagpur1

Key Topics

Addition to Income60Disallowance58Section 143(3)52Section 14A45Section 115J33Deduction33Section 153A27Section 6823Depreciation21Section 148

DY. COMMISSIONER OF INCOME-TAX, MUMBAI vs. QUANTUM ADVISORS PVT. LTD., MUMBAI

In the result, the appeal of the Revenue is allowed

ITA 2438/MUM/2023[2015-16]Status: DisposedITAT Mumbai28 Nov 2023AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2015-16 Dcit-1(3)(1), M/S Quantum Advisors Pvt. Ltd., Room No. 535, 5Th Floor, 503, Regent Chambers, Nariman Vs. Aayakar Bhavan, Point, Mumbai-400021. M.K. Road, Mumbai-400020. Pan No. Aaacq 0281 C Appellant Respondent

For Appellant: Mr. Niraj SethFor Respondent: Mr. Rajendra Chandekar, DR

section 40A(2)(b)(iv) of the Act also d 40A(2)(b)(iv) of the Act also does not apply because same applies oes not apply because same applies where payment is made by the where payment is made by the subsiding company to company to holding company but in the case in hand transaction is vice-versa. company

NETWORTH STOCK BROKING LTD,MUMBAI vs. ACIT CIR 4(2), MUMBAI

In the result, the appeal of assessee in ITA No

Showing 1–20 of 442 · Page 1 of 23

...
19
Transfer Pricing19
Section 3517
ITA 2288/MUM/2012[2008-09]Status: Disposed
ITAT Mumbai
10 Mar 2017
AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 36(1)(ii)Section 43B

2(42A) of the Act as inserted by the Finance Act 2003, w.e.f. 01/04/2004 the period of holding of capital asset being shares allotted pursuant to corporatization of a Page 21 of 43 ITA No.3228,2268,3332&2288/Mum/2012 Networth Stock Broking Ltd.; 2007-08 & 2008-09 recognized stock exchange in India, there shall be included period for which the person

ACIT 4(2), MUMBAI vs. NETWORTH STOCK BROKING LTD, MUMBAI

In the result, the appeal of assessee in ITA No

ITA 3228/MUM/2012[2007-08]Status: DisposedITAT Mumbai10 Mar 2017AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 36(1)(ii)Section 43B

2(42A) of the Act as inserted by the Finance Act 2003, w.e.f. 01/04/2004 the period of holding of capital asset being shares allotted pursuant to corporatization of a Page 21 of 43 ITA No.3228,2268,3332&2288/Mum/2012 Networth Stock Broking Ltd.; 2007-08 & 2008-09 recognized stock exchange in India, there shall be included period for which the person

NETWORTH STOCK BROKING LTD,MUMBAI vs. ACIT CIR 4(2), MUMBAI

In the result, the appeal of assessee in ITA No

ITA 3332/MUM/2012[2007-08]Status: DisposedITAT Mumbai10 Mar 2017AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 36(1)(ii)Section 43B

2(42A) of the Act as inserted by the Finance Act 2003, w.e.f. 01/04/2004 the period of holding of capital asset being shares allotted pursuant to corporatization of a Page 21 of 43 ITA No.3228,2268,3332&2288/Mum/2012 Networth Stock Broking Ltd.; 2007-08 & 2008-09 recognized stock exchange in India, there shall be included period for which the person

ACIT 4(2), MUMBAI vs. NETWORTH STOCK BROKING LTD, MUMBAI

In the result, the appeal of assessee in ITA No

ITA 2268/MUM/2012[2008-09]Status: DisposedITAT Mumbai10 Mar 2017AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 36(1)(ii)Section 43B

2(42A) of the Act as inserted by the Finance Act 2003, w.e.f. 01/04/2004 the period of holding of capital asset being shares allotted pursuant to corporatization of a Page 21 of 43 ITA No.3228,2268,3332&2288/Mum/2012 Networth Stock Broking Ltd.; 2007-08 & 2008-09 recognized stock exchange in India, there shall be included period for which the person

SH KELKAR & CO. LTD.,MUMBAI vs. PR. CIT-4, MUMBAI

In the result, the appeal of the assessee stands allowed

ITA 1611/MUM/2020[2015-16]Status: DisposedITAT Mumbai20 Feb 2023AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2015-16 Sh Kelkar & Company Principal Commissioner Of Limited, Income-Tax-4, Devkaran Mansion, 36, Vs. Room No. 629, 6Th Floor, Mangaldas Road, Aayakar Bhavan, Mumbai-400 002. Mumbai-400020. Pan No. Aaacs 9778 G Appellant Respondent Assessee By : Shri J.D. Mistry, Sr. Advocate & Shri Harsh Kothari Revenue By : Dr. Kishor Dhule, Cit-Dr : Date Of Hearing 13/02/2023 Date Of Pronouncement : 20/02/2023

For Appellant: Shri J.D. Mistry, Sr. Advocate &For Respondent: Dr. Kishor Dhule, CIT-DR
Section 142(1)Section 143(3)Section 14ASection 263

40A(2)(b) reported in Audit Report and ITR k. Sale of property reported in Form 26QB. Sale of property reported in Form 26QB. 6.2 With reference to the notice u/s 142(1) of the Act dated With reference to the notice u/s 142(1) of the Act dated With reference to the notice

M/S SANOFI INDIA LTD (FORMERLY KNOWN AS AVENTIS PHARMA LTD,MUMBAI vs. THE ACIT RG 8(1), MUMBAI

In the result, appeal filed by the Revenue is dismissed

ITA 1606/MUM/2007[2003-2004]Status: DisposedITAT Mumbai31 Oct 2023AY 2003-2004

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 271(1)(c)

40A(2)(a)(b) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). 8. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in confirming the disallowance of Rs 87,61,130 representing part of the payment made for encashment of leave. He ought not to have

ACIT- 3(1)(1), MUMBAI vs. MM/S SANOFI INDIA LIMITED (FORMERLY KNOWN AS AVENTIS PHARMA LTD)., MUMBAI

In the result, appeal filed by the Revenue is dismissed

ITA 1302/MUM/2007[2003-2004]Status: DisposedITAT Mumbai31 Oct 2023AY 2003-2004

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 271(1)(c)

40A(2)(a)(b) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). 8. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in confirming the disallowance of Rs 87,61,130 representing part of the payment made for encashment of leave. He ought not to have

BENNETT COLEMAN & COMPANY LIMITED,MUMBAI vs. ASST. CIT 1(1)(1), MUMBAI

In the result assessee appeal is allowed and revenue appeal is dismissed

ITA 2433/MUM/2019[2013-14]Status: DisposedITAT Mumbai09 Nov 2021AY 2013-14

Bench: Shri Shamim Yahya & Shri Pavan Kumar Gadalem/S. Bennett Coleman Vs. Acit – 1(1)(1) & Company Ltd., 5Th Floor, Aaykar The Times Of India Bhavan, Churchgate, Bldg, Dn Road, Fort, Mumbai – 400020. Mumbai – 400001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacb4373Q Appellant .. Respondent Dcit – 1(1)(1) Vs. M/S. Bennett Coleman 5Th Floor, Aaykar & Company Ltd., Bhavan, Churchgate, The Times Of India Mumbai – 400020. Bldg, Dn Road, Fort, Mumbai – 400001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacb4373Q Appellant/Respondent .. Respondent/Appellant Appellant/Respondent Shri Srinivasan By : Venkataraman.Ar Respondent/Appellant Shri. K.C. Selvamani. Dr By : Date Of Hearing 23.08.2021 Date Of Pronouncement 15.11.2021 आदेश / O R D E R Per Pavan Kumar Gadale Jm:

Section 143(1)Section 143(2)Section 143(3)Section 14A(1)Section 23(1)

40A(9) of the Act Rs.6,52,274/- (iv) repairs and maintenance expenses disallowance of Rs.11,13,11,113/- on the capitalization of the projects (v) software charges to be capitalized of Rs.17,65,08,146/- and assessed the total ITA No. 2344 & 3020/Mum/2019 Bennett Coleman and Co. Ltd, Mumbai income of Rs.10,88,12,26,707/- and passed

ADDL CIT RG 8(1), MUMBAI vs. M/S. SANOFI INDIA LIMITED (FORMERLY KNOWN AS M/S. AVENTIS PHARMA LTD), MUMBAI

In the result, the C.O. of the assessee for AY 2007-08 is partly allowed

ITA 7712/MUM/2010[2006-07]Status: DisposedITAT Mumbai23 Feb 2024AY 2006-07

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Respondent: Shri Ajay Chandra (CIT-DR) &
Section 32Section 32(1)

capital of the subsidiary company (except in cases where it controls the composition of the board of directors without holding majority of the shares). While the holding company is a member of its subsidiary company, the subsidiary company is not a member of the holding company. As, the subsidiary company was not a member of the assessee subclause

ADDL CIT 8(1), MUMBAI vs. M/S. SANOFI INDIA LIMITED (FORMERLY KNOWN AS M/S. AVENTIS PHARMA LTD), MUMBAI

In the result, the C.O. of the assessee for AY 2007-08 is partly allowed

ITA 6698/MUM/2011[2007-08]Status: DisposedITAT Mumbai23 Feb 2024AY 2007-08

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Respondent: Shri Ajay Chandra (CIT-DR) &
Section 32Section 32(1)

capital of the subsidiary company (except in cases where it controls the composition of the board of directors without holding majority of the shares). While the holding company is a member of its subsidiary company, the subsidiary company is not a member of the holding company. As, the subsidiary company was not a member of the assessee subclause

SANOFI INDIA LTD FORMERLY KNOWN AS AVENTIS PHARMA LTD ,MUMBAI vs. ADDL CIT RG 8(1), MUMBAI

In the result, the C.O. of the assessee for AY 2007-08 is partly allowed

ITA 6626/MUM/2009[2005-06]Status: DisposedITAT Mumbai23 Feb 2024AY 2005-06

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Respondent: Shri Ajay Chandra (CIT-DR) &
Section 32Section 32(1)

capital of the subsidiary company (except in cases where it controls the composition of the board of directors without holding majority of the shares). While the holding company is a member of its subsidiary company, the subsidiary company is not a member of the holding company. As, the subsidiary company was not a member of the assessee subclause

IQBAL AHMAED KHALIL AHMED SUBEDAR,MUMBAI vs. ITO 22(1)(2), MUMBAI

In the result, the appeal of the assessee for the A

ITA 2135/MUM/2013[2009-10]Status: DisposedITAT Mumbai04 Oct 2017AY 2009-10

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2135/Mum/2013 (नििाारण वर्ा / Assessment Year : 2009-10 ) आयकर अपीऱ सं./I.T.A. No.4896/Mum/2015 (नििाारण वर्ा / Assessment Year : 2008-09)

For Appellant: Shri. S.C. Tiwari & RutejaFor Respondent: Shri B.C.S. Naik(CIT-DR)
Section 143(3)Section 253(3)Section 40A(3)

capital accounts were submitted before learned CIT(A). It was submitted that although A.O failed to verify the purchases as notices u/s133(6) returned unserved and purchase parties could not be traced but sales were accepted by the A.O and there cannot be sales unless the purchases have been made by the assessee. The assessee relied upon the various case

IQBAL AHMED KHALILAMED SUBEDAR,MUMBAI vs. ITO 22(1)(2), NAVI MUMBAI

In the result, the appeal of the assessee for the A

ITA 4896/MUM/2015[2008-09]Status: DisposedITAT Mumbai04 Oct 2017AY 2008-09

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2135/Mum/2013 (नििाारण वर्ा / Assessment Year : 2009-10 ) आयकर अपीऱ सं./I.T.A. No.4896/Mum/2015 (नििाारण वर्ा / Assessment Year : 2008-09)

For Appellant: Shri. S.C. Tiwari & RutejaFor Respondent: Shri B.C.S. Naik(CIT-DR)
Section 143(3)Section 253(3)Section 40A(3)

capital accounts were submitted before learned CIT(A). It was submitted that although A.O failed to verify the purchases as notices u/s133(6) returned unserved and purchase parties could not be traced but sales were accepted by the A.O and there cannot be sales unless the purchases have been made by the assessee. The assessee relied upon the various case

GREAVES COTTON LTD (FORMERLY KNOWN AS GREAVES LTD),MUMBAI vs. ITO WD 6(3)(1), MUMBAI

In the result, appeal of the assessee is partly allowed

ITA 7356/MUM/2011[2004-05]Status: DisposedITAT Mumbai13 Oct 2015AY 2004-05

Bench: Shri G S Pannu & Shri Amit Shuklaita

For Respondent: Shri N K Chand
Section 115JSection 143(3)Section 14ASection 80H

gain since the block of assets in which said asset falls as on 01.04.2003 was at ‘Nil’ 4,19,85,605/- 11 K Addition on account of book profit u/s 115JB on extraordinary items 52,73,20,474/- 12 L Deduction from books profit u/s 115JB the Revaluation Reserve of Rs. 6,80,317/- which was withdrawn and credited

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. ACIT 4(2)(2), MUMBAI

Appeals are disposed off accordingly

ITA 3518/MUM/2016[2009-10]Status: DisposedITAT Mumbai21 Sept 2017AY 2009-10

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

gained out of the admission of these appeals. The ld DR submitted before the bench that the justice and right of being heard on merit should not be denied on mere technical reasons. Hence, the ld.DR prayed that the delay in filing these appeals be condoned. 3. On the other hand, the ld.AR, heavily opposed the submissions

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. DCIT 4(2), MUMBAI

Appeals are disposed off accordingly

ITA 3513/MUM/2016[2010-11]Status: DisposedITAT Mumbai21 Sept 2017AY 2010-11

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

gained out of the admission of these appeals. The ld DR submitted before the bench that the justice and right of being heard on merit should not be denied on mere technical reasons. Hence, the ld.DR prayed that the delay in filing these appeals be condoned. 3. On the other hand, the ld.AR, heavily opposed the submissions

ACIT 4(2)(2), MUMBAI vs. GOPALDAS VISRAM & CO. LTD, MUMBAI

Appeals are disposed off accordingly

ITA 4588/MUM/2016[2012-13]Status: DisposedITAT Mumbai21 Sept 2017AY 2012-13

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

gained out of the admission of these appeals. The ld DR submitted before the bench that the justice and right of being heard on merit should not be denied on mere technical reasons. Hence, the ld.DR prayed that the delay in filing these appeals be condoned. 3. On the other hand, the ld.AR, heavily opposed the submissions

ACIT 4(2)(2), MUMBAI vs. GOPALDAS VISRAM & CO. LTD, MUMBAI

Appeals are disposed off accordingly

ITA 4585/MUM/2016[2009-10]Status: DisposedITAT Mumbai21 Sept 2017AY 2009-10

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

gained out of the admission of these appeals. The ld DR submitted before the bench that the justice and right of being heard on merit should not be denied on mere technical reasons. Hence, the ld.DR prayed that the delay in filing these appeals be condoned. 3. On the other hand, the ld.AR, heavily opposed the submissions

DCIT 4(2), MUMBAI vs. GOPALDAS VISRAM & CO. LTD, MUMBAI

Appeals are disposed off accordingly

ITA 4584/MUM/2016[2008-09]Status: DisposedITAT Mumbai21 Sept 2017AY 2008-09

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

gained out of the admission of these appeals. The ld DR submitted before the bench that the justice and right of being heard on merit should not be denied on mere technical reasons. Hence, the ld.DR prayed that the delay in filing these appeals be condoned. 3. On the other hand, the ld.AR, heavily opposed the submissions