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82 results for “capital gains”+ Section 80A(5)clear

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Mumbai82Ahmedabad49Delhi36Bangalore36Hyderabad21Jaipur14Rajkot11Kolkata9Amritsar7Chennai6Pune6Lucknow6Guwahati5Surat4SC4Karnataka2Cochin2Nagpur2Indore1Telangana1

Key Topics

Section 14A96Section 80I87Section 143(3)71Section 115J44Addition to Income44Deduction37Disallowance37Section 14821Section 10A19Section 147

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

PRIYA KAPIL TODARWAL ,MUMBAI vs. INCOME TAX OFFICER WARD, 30(1)(1), MUMBAI

In the result the appeal filed by the assessee stands allowed

ITA 1838/MUM/2025[2019-20]Status: Disposed

Showing 1–20 of 82 · Page 1 of 5

16
Section 8012
Depreciation9
ITAT Mumbai
30 Jun 2025
AY 2019-20

Bench: Smt. Beena Pillai () & Smt. Renu Jauhri ()

Section 143(1)Section 143(1)(a)Section 154Section 71(2)Section 80A(1)Section 80CSection 80DSection 80GSection 80T

5 ITA 1838/Mum/2025; A.Y. 2019-20 Priya Kapil Todarwal income, income from profession, or short-term capital gains. These judicial pronouncements have noted the rationale that long-term capital gains are taxable under a separate head of income (Capital Gains) and are subject to a different tax treatment. The courts have time and again observed that there is no specific

GEECEE VENTURES LIMITED ,MUMBAI vs. DCIT, CIRCLE 2(1)(1), MUMBAI

The appeal is allowed for statistical purposes

ITA 3975/MUM/2024[2018-19]Status: DisposedITAT Mumbai30 May 2025AY 2018-19

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Rahul SardaFor Respondent: Shri Bhangepatil Pushkaraj Ramesh
Section 143Section 143(1)Section 143(3)Section 14ASection 250Section 80I

Capital Loss of INR.16,08,703/- from the Gross Total Income of INR.9,47,60,542/- computed in the body of the Assessment Order. Further, total deduction under Chapter VIA were computed at ‘Nil’ to arrive at taxable income of INR.9,31,51,839/-. Neither the Assessment Order nor the Computation Sheet attribute the denial of deduction claimed under Section

ACIT-2(1)(1), MUMBAI vs. GEECEE VENTURES LIMITED, MUMBAI

The appeal is allowed for statistical purposes

ITA 4119/MUM/2024[2018-19]Status: DisposedITAT Mumbai30 May 2025AY 2018-19

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Rahul SardaFor Respondent: Shri Bhangepatil Pushkaraj Ramesh
Section 143Section 143(1)Section 143(3)Section 14ASection 250Section 80I

Capital Loss of INR.16,08,703/- from the Gross Total Income of INR.9,47,60,542/- computed in the body of the Assessment Order. Further, total deduction under Chapter VIA were computed at ‘Nil’ to arrive at taxable income of INR.9,31,51,839/-. Neither the Assessment Order nor the Computation Sheet attribute the denial of deduction claimed under Section

DCIT 10(3)(2), MUMBAI vs. PHOENIX MECANO (I) PLTD, MUMBAI

In the result, appeal of the Revenue is allowed

ITA 4620/MUM/2015[2011-12]Status: DisposedITAT Mumbai12 Aug 2016AY 2011-12

Bench: Shri Joginder Singh, Assessment Year:2011-12

Section 10ASection 10BSection 70Section 80A(1)Section 80B(5)Section 80C

80A(1) stipulates that while computing the total income of the assessee, there shall be allowed from the gross total income, in accordance with and subject to the provisions of the chapter, the deduction specified in section 80C to 80U. Section 80B(5) defines the purposes of section VIA “gross total income” to mean the total income computed in accordance

TECHNO SHARES & STOCKS LTD,MUMBAI vs. ADDL CIT RG 4(2), MUMBAI

In the result, the appeal of assessee is allowed

ITA 5938/MUM/2012[2008-09]Status: DisposedITAT Mumbai18 Oct 2019AY 2008-09

Bench: Shri G.S. Pannu() : A.Y : 2008-09

For Appellant: Shri P.J. Pardiwala &For Respondent: Shri B. Srinivas
Section 2Section 255(4)Section 32(1)(ii)Section 45Section 47Section 50Section 55(2)(ab)

80A provides : "In computing total income of an assessee, there shall be allowed from his gross total income, the deductions specified in sections 80C to 80U." 20 Techno Shares & Stocks Ltd. These are additional deductions. They are quite different in kind from deductions which fall under Chapter IV. Under section 80J what is provided is an additional deduction which

DCIT-2(3), MUMBAI vs. M/S. ZENSAR TECHNOLOGIES LTD., MUMBAI

In the result, the appeal is partly allowed

ITA 5653/MUM/2009[2004-05]Status: DisposedITAT Mumbai19 Apr 2023AY 2004-05

Bench: Amit Shukla () & Ms. Padmavathy S. ()

Section 10ASection 80Section 92

5) of Section 80- IA of the Act is limited to determination of quantum of deduction under sub-section (1) of Section 80-IA of the Act by treating ‘eligible business’ as the ‘only source of income’.” 25 ITA 5653/Mum/2009 M/s Zensar Technologies Ltd 21. We notice that sub-section (3) of section 80HHE which deals with the manner

KJMC CAPITAL MARKET SERVICES LTD,MUMBAI vs. DCIT 4(3), MUMBAI

In the result, appeal and cross objections of the assessee are allowed and the appeal of the Revenue is dismissed

ITA 1588/MUM/2012[2008-09]Status: DisposedITAT Mumbai14 Feb 2020AY 2008-09

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 2008-09

For Appellant: Shri Sunil Nahta, A.RFor Respondent: Shri S. Michael Jerald, D.R
Section 2

5 ITA No.1588/M/2012 & ors. M/s. KJMC Capital Market Services Ltd. of shares in BSE Ltd., assessee stopped claiming any depreciation on the shares allotted to it. Section 55(2)(ab) of the Act was inserted by the Finance Act 2001 with effect from 1-4-2002 to provide that the cost of equity shares allotted to a shareholder

DCIT (LTU)-2, MUMBAI vs. M/S RELIANCE INDUSTRIES LTD., MUMBAI

In the result, the ITA No

ITA 2344/MUM/2019[2014-15]Status: DisposedITAT Mumbai08 Mar 2022AY 2014-15
Section 143(3)Section 28

Capital receipt not liable to tax. This ground of appeal is therefore allowed. 5. The Assessing Officer is aggrieved and is in appeal before us. 6. Learned representatives fairly agree that, as rightly noted by the learned CIT(A), this issue is covered, in favour of the assessee, by the coordinate bench decisions in the assessee‟s own cases

RELIANCE INDUSTRIES LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX LARGE TAXPAYER UNIT-2, MUMBAI

In the result, the ITA No

ITA 2876/MUM/2019[2015-16]Status: DisposedITAT Mumbai08 Mar 2022AY 2015-16
Section 143(3)Section 28

Capital receipt not liable to tax. This ground of appeal is therefore allowed. 5. The Assessing Officer is aggrieved and is in appeal before us. 6. Learned representatives fairly agree that, as rightly noted by the learned CIT(A), this issue is covered, in favour of the assessee, by the coordinate bench decisions in the assessee‟s own cases

RELIANCE INDUSTRIES LIMITED,MUMBAI vs. ACIT , MUMBAI

In the result, the ITA No

ITA 1645/MUM/2019[2014-15]Status: DisposedITAT Mumbai08 Mar 2022AY 2014-15
Section 143(3)Section 28

Capital receipt not liable to tax. This ground of appeal is therefore allowed. 5. The Assessing Officer is aggrieved and is in appeal before us. 6. Learned representatives fairly agree that, as rightly noted by the learned CIT(A), this issue is covered, in favour of the assessee, by the coordinate bench decisions in the assessee‟s own cases

SHIVNARAYAN NEMANI SHARES & STOCK BROKERS P. LTD.,MUMBAI vs. D.C.I.T. CIRCLE 4(2), MUMBAI

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2522/MUM/2012[2008-09]Status: DisposedITAT Mumbai08 Oct 2021AY 2008-09

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm (Hearing Through Video Conferencing Mode) आयकर अपील सं/ I.T.A. No. 2522/Mum/2012 (निर्धारण वर्ा / Assessment Year: 2008-09) M/S. Shivnarayan Nemani बिधम/ Dcit, Circle-4(2) Shares & Stock Brokers P. Mumbai Vs. Ltd. 9/43, Bhupen Chambers, 2Nd Floor, Dalal Street Mumbai- 400023. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcs3296C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mayank Chauhan (Ar) Revenue By: Shri Rohit Kumar (Dr) सुनवाई की तारीख / Date Of Hearing: 07/09/2021 घोषणा की तारीख /Date Of Pronouncement: 08/10/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 20.01.2012 Passed By The Commissioner Of Income Tax (Appeals)-09, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2008-09. 2. The Assessee Has Raised The Following Grounds: - “1(A). On The Facts & In The Circumstances Of The Case & In Law, The Learned Commissioner Of Income-Tax(Appeals) Erred In Confirming The Disallowance Of Additional Amount Of Rs.2,98,258/- Under The Provisions Of Section 14A R.W.R. 8D Of The Income Tax Rules

For Appellant: Shri Mayank Chauhan (AR)For Respondent: Shri Rohit Kumar (DR)
Section 14ASection 40

80A provides : "In computing total income of an assessee, there shall be allowed from his gross total income, the deductions specified in sections 80C to 80U." These are additional deductions. They are quite different in kind from deductions which fall under Chapter IV. Under section 80J what is provided is an additional deduction which is calculated as a percentage

ROCKLINE DEVELOPERS PVT. LTD.,MUMBAI vs. ITO 13(3)(2), MUMBAI

In the result, the appeal filed by the assessee is partly allowed

ITA 5125/MUM/2016[2012-13]Status: DisposedITAT Mumbai06 Jul 2018AY 2012-13

Bench: Shri B.R. Baskaran & Shri Pawan Singhm/S. Rockline Developers P. Ltd. Income Tax Officer-13(3)(2) 801, Hubtown Solaris Mumbai Vs. N.S. Phadke Marg, Off. Teli Gali Andheri (E), Mumbai 400069 Pan – Aaacr4467F Appellant Respondent

For Appellant: Shri Vimal PunamiyaFor Respondent: Ms. S. Padmaja
Section 115JSection 80HSection 80I

Capital gains’ and ‘Income from other sources’. After computing the income under the different heads as per the provisions of sections 14 to 59, there are certain income of other persons which are to be included in assessee’s total income. They are being dealt with under sections 60 to 65 of the Act. Section 66 lays down that

DCIT-5(2)(1),MUMBAI, AAYAKAR BHAVAN vs. JSW STEEL COATED PRODUCTS LIMITED, MUMBAI

In the result, C.O. filed by assessee is\ndismissed as infructuous

ITA 5142/MUM/2024[2015-16]Status: DisposedITAT Mumbai30 Jan 2026AY 2015-16
Section 254Section 80Section 801ASection 80A(6)

5(2) (1), Mumbai,\nVs Room No. 571, 5th Floor,\nAayakarBhavan, M.K. Road,\nMumbai - 400020.\nRespondent / Revenue\nShri Rakesh Joshi, CA\nMs. NeenaJeph, CIT-DR &\nShri BhagirathRamawant, Sr. DR\n02.10.2024\n22.12.2025\n30.01.2026\nOrder under section 254 (1) of Income Tax Act\nPER PAWAN SINGH JUDICIAL MEMBER:\n1. These two appeals by Revenue and cross-objections therein by assessee are\ndirected

DCIT(LTU) - 1, MUMBAI vs. ACC LTD., MUMBAI

In the result, appeal filed by assessee is partly allowed

ITA 3176/MUM/2019[2009-10]Status: DisposedITAT Mumbai28 Feb 2023AY 2009-10

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 147Section 148Section 151Section 55A

5. The only other ground on merits is against the confirmation of ad hoc addition of ₹ 81,405/-. Apart from this, the assessee has also challenged the initiation of reassessment proceedings by the AO. It can be seen from the reasons recorded by the AO that he took up the re-assessment proceedings on account of excess 16 ITA NO.3135

ACC LTD.,MUMBAI vs. DCIT(LTU) - 1, MUMBAI

In the result, appeal filed by assessee is partly allowed

ITA 3136/MUM/2019[2009-10]Status: DisposedITAT Mumbai28 Feb 2023AY 2009-10

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 147Section 148Section 151Section 55A

5. The only other ground on merits is against the confirmation of ad hoc addition of ₹ 81,405/-. Apart from this, the assessee has also challenged the initiation of reassessment proceedings by the AO. It can be seen from the reasons recorded by the AO that he took up the re-assessment proceedings on account of excess 16 ITA NO.3135

ACC LTD.,MUMBAI vs. DCIT(LTU) - 1, MUMBAI

In the result, appeal filed by assessee is partly allowed

ITA 3135/MUM/2019[2009-10]Status: DisposedITAT Mumbai28 Feb 2023AY 2009-10

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 147Section 148Section 151Section 55A

5. The only other ground on merits is against the confirmation of ad hoc addition of ₹ 81,405/-. Apart from this, the assessee has also challenged the initiation of reassessment proceedings by the AO. It can be seen from the reasons recorded by the AO that he took up the re-assessment proceedings on account of excess 16 ITA NO.3135

GROUP INDIA P. LTD,NAVI MUMBAI vs. DCIT (LTU), MUMBAI

The appeals of the assessee are partly allowed

ITA 2348/MUM/2017[2008-09]Status: DisposedITAT Mumbai11 Oct 2018AY 2008-09

Bench: Shri Joginder Singh & Shri Ramit Kochar

Section 115JSection 154

capital asset, being share of a special purpose vehicle to a business trust in exchange of units allotted by that trust referred to in clause (xvii) of section 47; or (B) notional gain resulting from any change in carrying amount of said units; or (C) gain on transfer of units referred to in clause (xvii) of section

SI GROUP INDIA P. LTD,NAVI MUMBAI vs. DCIT (LTU), MUMBAI

The appeals of the assessee are partly allowed

ITA 2350/MUM/2017[2008-09]Status: DisposedITAT Mumbai11 Oct 2018AY 2008-09

Bench: Shri Joginder Singh & Shri Ramit Kochar

Section 115JSection 154

capital asset, being share of a special purpose vehicle to a business trust in exchange of units allotted by that trust referred to in clause (xvii) of section 47; or (B) notional gain resulting from any change in carrying amount of said units; or (C) gain on transfer of units referred to in clause (xvii) of section

GRASIM INDUSTRIES LIMITED (AS A SUCCESSOR TO ADITYA BIRLA NUVO LTD),MUMBAI vs. ADDL CIT LTU, MUMBAI

In the result, appeal of the Revenue is dismissed

ITA 1065/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Dec 2023AY 2011-12

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

For Appellant: Shri Yogesh Thar, ARFor Respondent: Ms. A. Alankrutha, Sr. DR
Section 10BSection 115JSection 14ASection 234BSection 271(1)(c)Section 32(1)(iia)Section 37Section 40Section 43BSection 80I

5] Further, the language appearing in section 80-1B is 'profit and gains derived from any business'. Therefore, the test of proximity, i.e., direct nexus with the industrial activity is not necessary while claiming a deduction under section 80-1B. [Para 5.2] In the circumstances, the judgment of the Tribunal deserved to be sustained." The Hon'ble Madhya