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531 results for “capital gains”+ Section 43Bclear

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Key Topics

Section 14A90Disallowance67Addition to Income64Section 143(3)54Deduction43Section 43B29Section 4428Depreciation27Section 25022Section 115J

VAIJANTHI MAHAVIR OZA,MUMBAI vs. INCOME TAX OFFICER(IT)-3(3)(1), MUMBAI

In the result, appeal of the assessee in ITA no

ITA 5799/MUM/2017[2014-15]Status: DisposedITAT Mumbai03 Apr 2019AY 2014-15

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.5799/Mum/2017 (नििाारण वर्ा / Assessment Year: 2014-15) बिाम/ Vaijanthi Mahavir Oza, Income Tax Officer- C/O. Chhajed & Doshi, (International Taxation)- 101, Hubtown Solaris, 3(3)(1) V. N.S Phadke Marg, Room No. 1628, Near East West Flyover, 16Th Floor Andheri (E), Air India Building Mumbai- 400069 Mumbai स्थायी ऱेखा सं./ Pan: Abepo5631J (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Piyush Chhajjed Revenue By: Miss. Deepika Arora (Dr) सुनवाई की तारीख /Date Of Hearing : 09.01.2019 घोषणा की तारीख /Date Of Pronouncement : 03.04.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 5799/Mum/2017, Is Directed Against Appellate Order Dated 23.06.2017, Passed By Learned Commissioner Of Income Tax (Appeals)-57, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2014-15, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 23.12.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2014-15. I.T.A. No.5799/Mum/2017

For Appellant: Shri. Piyush ChhajjedFor Respondent: Miss. Deepika Arora (DR)
Section 1Section 143(3)Section 54

Showing 1–20 of 531 · Page 1 of 27

...
21
Section 6820
Transfer Pricing18
Section 54F

capital gains outside India in case of a non-resident, there is no jurisdiction over such taxation as envisaged in section 54 (1) of the Act for three years over the new asset and its transfer. This anomaly withers away if the words 'in India are read into section 54 read with section 45 on account of provisions of section

MONSANTO INDIA LTD,MUMBAI vs. DCIT RG 8(2), MUMBAI

The appeal of the assessee is partly allowed, that of the Revenue is dismissed

ITA 3171/MUM/2012[2007-08]Status: DisposedITAT Mumbai30 Oct 2015AY 2007-08
For Appellant: Shri Rajan VoraFor Respondent: Shri S.J.Singh& Shri A.K.Nayak
Section 10(1)Section 143(3)Section 145ASection 14ASection 2(1)(a)Section 28Section 37(1)Section 50

gain as ‘business income’. Accordingly, Ground of appeal No.6 is dismissed. 13. The next issue in the Cross-appeals is in relation to disallowance u/s. 14A of the Act. In this context, brief facts are that the assessee- company had earned dividend income of Rs. 9,29,39,466/-, which was claimed exempt

DCIT 8(2), MUMBAI vs. MONSANTO INDIA LTD, MUMBAI

The appeal of the assessee is partly allowed, that of the Revenue is dismissed

ITA 3743/MUM/2012[2007-08]Status: DisposedITAT Mumbai30 Oct 2015AY 2007-08
For Appellant: Shri Rajan VoraFor Respondent: Shri S.J.Singh& Shri A.K.Nayak
Section 10(1)Section 143(3)Section 145ASection 14ASection 2(1)(a)Section 28Section 37(1)Section 50

gain as ‘business income’. Accordingly, Ground of appeal No.6 is dismissed. 13. The next issue in the Cross-appeals is in relation to disallowance u/s. 14A of the Act. In this context, brief facts are that the assessee- company had earned dividend income of Rs. 9,29,39,466/-, which was claimed exempt

GRASIM INDUSTRIES LTD ( CORPORATE FINANCE DIVISION),MUMBAI vs. ADDL CIT RG 6(3), MUMBAI

ITA 3762/MUM/2009[2006-07]Status: DisposedITAT Mumbai25 Feb 2025AY 2006-07

Bench: the CIT(A). The CIT(A) partly allowed the appeal preferred by the Assessee vide order, dated 18/05/2009. 4. Not being satisfied with the relief granted by the Id. CIT(A), the Assessee has preferred appeal before this Tribunal. The Revenue has also filed cross-appeal challenging the relief granted by the Id. CIT(A).

For Appellant: Shri J. D. Mistry Sr. AdvocateFor Respondent: Shri Kishor Dhule
Section 143(2)Section 143(3)Section 24Section 43B

Section 43B of the Act was inserted by the Finance Act, 1987 with effect from 01/04/1988. The First Proviso made it clear that Section 43B shall not apply in relation to any sum which is actually paid by the assessee in the next accounting year if it is paid on or before the due date for furnishing the return

ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX- CIRCLE 6(1)(1), MAHARASHTRA

ITA 6703/MUM/2025[2023-24]Status: DisposedITAT Mumbai06 Feb 2026AY 2023-24

Bench: Shri Amit Shukla & Shri Makarand Vasant Mahadeokar1. Ita No. 6663/Mum/2025 (Assessment Year: 2017-18) 2. Ita No. 6701/Mum/2025 (Assessment Year: 2018-19) 3. Ita No. 6702/Mum/2025 (Assessment Year: 2022-23) & 4. Ita No. 6703/Mum/2025 (Assessment Year: 2023-24) Aditya Birla Sun Life Dcitcircle-6(1)(1), Amc Limited, Room No. 502, 5Th 17Th Floor, One World Vs. Floor, Aayakar Centre Tower-1, Jupiter Bhavan, M. K. Mill Compount, 841, Road, Churchgate, Senapati Bapat Marg, Mumbai-400 020 Delisle Road, S.O. Mumbai-400 013 Pan/Gir No. Aaacb6134D (Applicant) (Respondent) Assessee By Shri Ronak Doshi, Shri Shrey Agrawal & Shri Aadish Jain, Ld. Ars Revenue By Shri Surendra Mohan, Ld. Dr Date Of Hearing 27.01.2026 Date Of Pronouncement 06.02.2026

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144BSection 250Section 270ASection 36(1)(va)Section 40Section 43B

section 43B, computation of capital gains, grant of credit for tax deducted at source, and levy of interest under sections

ACIT 6(3), MUMBAI vs. GRASIM INDUSTRIES LTD, MUMBAI

ITA 4385/MUM/2009[2006-07]Status: HeardITAT Mumbai25 Feb 2025AY 2006-07
Section 143(2)Section 143(3)Section 24Section 43B

43B\nof the Act has been allowed, Ground No. 1 raised by the Assessee\nhas been rendered infructuous. In view of the aforesaid submission,\nGround No. 1 to 1.2 raised by the Assessee is dismissed as\ninfructuous.\n7.\nGround No. 2\n\"2.\nDepreciation on let out property\n2.1.\nOn the facts and circumstances of the case

DCIT 8(3)(2), MUMBAI vs. VOLTAS LTD, MUMBAI

In the result, these appeals are partly allowed

ITA 7029/MUM/2018[2013-14]Status: DisposedITAT Mumbai06 Oct 2020AY 2013-14
Section 14A

Section 92C of the Income-tax Act, 1961 - Transfer pricing - Computation of arm's length price (Comparables and adjustments/Adjustment - Corporate guarantee fee) -Assessment year 2012-13 - During relevant year, assesses furnished corporate guarantee in respect of loan availed by its foreign AE - Assessee did not charge any corporate guarantee fee - In transfer pricing proceedings, TPO opined that assesses should have

ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE 6(1)(1), MAHARASHTRA

ITA 6702/MUM/2025[2022-23]Status: DisposedITAT Mumbai06 Feb 2026AY 2022-23
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250Section 270ASection 36(1)(va)Section 40Section 43BSection 80G

43B, computation of\ncapital gains, grant of credit for tax deducted at source, and levy\nof interest under sections 234B and 234C. Additions and\ndisallowances were made year-wise, and penalty proceedings\nunder section 270A were initiated wherever applicable.\n4. Aggrieved by the respective assessment orders, the assessee\ncarried the matters in appeal before the CIT(A).Before

ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 6(1)(1), MAHARASHTRA

ITA 6663/MUM/2025[2017-18]Status: DisposedITAT Mumbai06 Feb 2026AY 2017-18
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144BSection 250Section 270ASection 36(1)(va)Section 40Section 43B

section 43B, computation of capital gains, grant of credit for tax deducted at source, and levy of interest under sections

DCIT CEN 5 3, MUMBAI, MUMBAI vs. ICICI LOMBARD GENERAL INSURANCE CO. LIMITED, MUMBAI

In the result, appeals of the Revenue are allowed partly

ITA 1681/MUM/2025[2016-17]Status: DisposedITAT Mumbai26 Sept 2025AY 2016-17

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Mr. Anish Thackar
Section 10(15)Section 10(34)Section 10(38)Section 148Section 148ASection 44

Capital gains” or “Income from other sources”, or in from other sources”, or in section 199 or in sections or in sections 28 to [43B

DCIT CEN 5 3, MUMBAI, MUMBAI vs. ICICI LOMBARD GENERAL INSURANCE CO. LIMITED, MUMBAI

In the result, appeals of the Revenue are allowed partly

ITA 1679/MUM/2025[2012-13]Status: DisposedITAT Mumbai26 Sept 2025AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Mr. Anish Thackar
Section 10(15)Section 10(34)Section 10(38)Section 148Section 148ASection 44

Capital gains” or “Income from other sources”, or in from other sources”, or in section 199 or in sections or in sections 28 to [43B

DCIT CEN 5 3, MUMBAI, MUMBAI vs. ICICI LOMBARD GENERAL INSURANCE CO. LIMITED, MUMBAI

In the result, appeals of the Revenue are allowed partly

ITA 1680/MUM/2025[2015-16]Status: DisposedITAT Mumbai26 Sept 2025AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Mr. Anish Thackar
Section 10(15)Section 10(34)Section 10(38)Section 148Section 148ASection 44

Capital gains” or “Income from other sources”, or in from other sources”, or in section 199 or in sections or in sections 28 to [43B

DCIT CEN 5 3, MUMBAI vs. ICICI LOMBARD GENERAL INSURANCE CO. LIMITED, MUMBAI

In the result, appeals of the Revenue are allowed partly

ITA 1682/MUM/2025[2017-18]Status: DisposedITAT Mumbai26 Sept 2025AY 2017-18

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Mr. Anish Thackar
Section 10(15)Section 10(34)Section 10(38)Section 148Section 148ASection 44

Capital gains” or “Income from other sources”, or in from other sources”, or in section 199 or in sections or in sections 28 to [43B

ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX- CIRCLE 6 (1)(1), MAHARASHTRA

ITA 6701/MUM/2025[2018-19]Status: DisposedITAT Mumbai06 Feb 2026AY 2018-19
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250Section 270ASection 36(1)(va)Section 40Section 43BSection 80G

43B, computation of\ncapital gains, grant of credit for tax deducted at source, and levy\nof interest under sections 234B and 234C. Additions and\ndisallowances were made year-wise, and penalty proceedings\nunder section 270A were initiated wherever applicable.\n4. Aggrieved by the respective assessment orders, the assessee\ncarried the matters in appeal before the CIT(A).Before

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

In the result, the appeal of assessee in ITA No

ITA 2288/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

43B of the Act, although it has not been mentioned. The CIT(A) also not consider the issue whether the performance linked incentive is in the nature of bonus or commission or it is a separate deduction claimed by the assessee. Aggrieved, now assessee is in appeal before Tribunal. 4. Before us, it was argued that the assessee is engaged

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

43B of the Act, although it has not been mentioned. The CIT(A) also not consider the issue whether the performance linked incentive is in the nature of bonus or commission or it is a separate deduction claimed by the assessee. Aggrieved, now assessee is in appeal before Tribunal. 4. Before us, it was argued that the assessee is engaged

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

43B of the Act, although it has not been mentioned. The CIT(A) also not consider the issue whether the performance linked incentive is in the nature of bonus or commission or it is a separate deduction claimed by the assessee. Aggrieved, now assessee is in appeal before Tribunal. 4. Before us, it was argued that the assessee is engaged

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

43B of the Act, although it has not been mentioned. The CIT(A) also not consider the issue whether the performance linked incentive is in the nature of bonus or commission or it is a separate deduction claimed by the assessee. Aggrieved, now assessee is in appeal before Tribunal. 4. Before us, it was argued that the assessee is engaged

JSW STEEL LTD vs. ASST CIT CIR 11(5),

In the result assessee’s appeal is partly allowed whereas revenue’s appeal is dismissed

ITA 923/BANG/2009[2004-05]Status: DisposedITAT Mumbai13 Jan 2017AY 2004-05

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05

For Appellant: S/Shri Kanchan Kaushal & Hirali Desai, A.RFor Respondent: Shri Alok Johri, CIT D.R
Section 115JSection 139(1)Section 143(3)Section 234BSection 244A

43B and hence the amount waived has not been offered to tax as per section 41(1). However a vital fact to be noted in the present case is that, the assessee while computing the book profit under section 115JB in the revised computation of income has included the amount of Rs.314.14 crores (i.e. Rs.228.46 + Rs.86.01) which represented the exceptional

ASST CIT CIR 11(5) vs. JSW STEEL LTD,

In the result assessee’s appeal is partly allowed whereas revenue’s appeal is dismissed

ITA 930/BANG/2009[2004-05]Status: DisposedITAT Mumbai13 Jan 2017AY 2004-05

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05

For Appellant: S/Shri Kanchan Kaushal & Hirali Desai, A.RFor Respondent: Shri Alok Johri, CIT D.R
Section 115JSection 139(1)Section 143(3)Section 234BSection 244A

43B and hence the amount waived has not been offered to tax as per section 41(1). However a vital fact to be noted in the present case is that, the assessee while computing the book profit under section 115JB in the revised computation of income has included the amount of Rs.314.14 crores (i.e. Rs.228.46 + Rs.86.01) which represented the exceptional