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53 results for “capital gains”+ Section 144clear

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Key Topics

Section 153C85Section 143(3)76Section 153A60Addition to Income26Section 6824Section 26319Section 25018Section 14710Section 143(2)9Capital Gains

VINAY RAMSHARANDAS AGRAWAL,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-II, NAGPUR

In the result, appeal by the assessee stands allowed

ITA 110/NAG/2023[2017-18]Status: DisposedITAT Nagpur21 Mar 2025AY 2017-18

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Sandipkumar Salunke
Section 143(3)Section 263

gain has been given on page number 2 of the Order under Section 263. It is pertinent to mention that the assessment Order is just a 2 paragraph order having no discussion of the very issue for which the case was selected for scrutiny. iii. On going through the questionnaire issued by the AO, it is clear that there

JEETENDRA CHANDRAKANT NAYAK,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOM TAX(OSD), NAGPUR

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

Showing 1–20 of 53 · Page 1 of 3

8
Undisclosed Income8
Limitation/Time-bar6
ITA 368/NAG/2023[2015-2016]Status: DisposedITAT Nagpur27 Jun 2024AY 2015-2016

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri M.G.Moryani, AdvocateFor Respondent: Shri Rajat Singhai, Sr. DR
Section 143(3)Section 234ASection 250Section 54F

capital gain is invested in purchasing a residential house or constructing the residential house within the time stipulated therein. Proviso to sub section (1) states that the exemption contemplated under sub section (1) would not be available where an assessee owns a residential house as on the date of the transfer and that the income from the residential house

ABDULLABHAI HASANALI THROUGH L/H ZOHRABAI,NAGPUR vs. A.C.I.T. CIR-3,, NAGPUR

In the result, all the appeals of assessee are allowed as indicated above

ITA 318/NAG/2012[2007-08]Status: DisposedITAT Nagpur15 Oct 2019AY 2007-08

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

For Appellant: Shri Rajesh LoyaFor Respondent: Dr. Milind Bhusari, CIT
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 271(1)

section 10(33) of the Act, Pune Bench of Tribunal in cross appeals in the case of Shri Somnath Vaijanath Sakre in ITA Nos.2986/PUN/2016 and 2605/PUN/2016, for assessment year 2012-13 vide order dated 08.03.2019 held such set off, constitutes an allowable claim. The assessee brought our attention to the contents of para 10 of the said order in this

SHRI. ABDULLABHAI HASANALI,,NAGPUR vs. COMMISSIONER OF INCOME-TAX,-II, NAGPUR

In the result, all the appeals of assessee are allowed as indicated above

ITA 621/NAG/2008[2005-06]Status: DisposedITAT Nagpur15 Oct 2019AY 2005-06

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

For Appellant: Shri Rajesh LoyaFor Respondent: Dr. Milind Bhusari, CIT
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 271(1)

section 10(33) of the Act, Pune Bench of Tribunal in cross appeals in the case of Shri Somnath Vaijanath Sakre in ITA Nos.2986/PUN/2016 and 2605/PUN/2016, for assessment year 2012-13 vide order dated 08.03.2019 held such set off, constitutes an allowable claim. The assessee brought our attention to the contents of para 10 of the said order in this

ABDULLABHAI HASANALI THROUGH L/H ZOHRABAI,NAGPUR vs. A.C.I.T. CIR-3,, NAGPUR

In the result, all the appeals of assessee are allowed as indicated above

ITA 317/NAG/2012[2006-07]Status: DisposedITAT Nagpur15 Oct 2019AY 2006-07

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

For Appellant: Shri Rajesh LoyaFor Respondent: Dr. Milind Bhusari, CIT
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 271(1)

section 10(33) of the Act, Pune Bench of Tribunal in cross appeals in the case of Shri Somnath Vaijanath Sakre in ITA Nos.2986/PUN/2016 and 2605/PUN/2016, for assessment year 2012-13 vide order dated 08.03.2019 held such set off, constitutes an allowable claim. The assessee brought our attention to the contents of para 10 of the said order in this

SIMA RAVISINGH KACHHAWAH,UMRER vs. ITO WARD 3(4), NAGPUR

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

ITA 418/NAG/2025[2018-19]Status: DisposedITAT Nagpur09 Oct 2025AY 2018-19

Bench: Shripavan Kumar Gadalesima Ravisingh Kachhawah, Girad Road, Om Nagar Umrer, ……………. Appellant Nagpur- 441203 Maharastra, Pan – Aqmpk2899K V/S Income Tax Officer ……………. Respondent Ward–3(4), Nagpur Assessee By: Shri.D.P. Lohiya.Ar Revenue By :Shri Surjit Kumar Saha.Sr.Dr

For Appellant: Shri.D.P. Lohiya.ARFor Respondent: Shri Surjit Kumar Saha.Sr.DR
Section 144Section 147Section 148Section 250Section 270A(9)Section 272(1)(d)Section 44ASection 50CSection 80C

144 and 144B of the Income Tax Act, 1961, on 15.03.2023, without due consideration of the facts and circumstances of the case, and in raising an arbitrary and excessive demand of Rs. 9,76,265/-, rendering the assessment order unjustified, unwarranted, and bad in law. 6. On the facts and circumstances of the case the learned CIT(A) NFAC

ASSTT. CIT, CIR- 7, NAGPUR vs. M/S. NEWQUEST CORPORATION LTD., CHANDRAPUR

ITA 328/NAG/2014[2008-09]Status: DisposedITAT Nagpur28 Jun 2022AY 2008-09

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2008-2009 The Acit Vs. M/S.Newquest Corporation Ltd. Circle-7, (Now Known As M/S. Avantha Nagpur Holding Ltd. Ballalrpur Paper Mills P.O. Ballarpur, Distt. Chandrapur Pan No.:Aabcb 6134 E Appellant Respondent

For Appellant: Shri K.P. Dewani (Adv.)For Respondent: ShriPiyushKolhe (CIT-DR)
Section 40

144 ITR 280 Delhi) answered the question as whether the expenditure incurred by the assessed in sponsoring a football tournament was an allowable deduction under Section 37 of the Income-tax Act, 1961. It was held as under: "For the purpose of satisfying the test whether, the expenditure is in connection with the business it is not necessary that

SANJAY MOTIRAMJI MULEY,NAGPUR vs. ITO WARD (4)(3), NAGPUR

In the result, assessee’s appeal is allowed for statistical purposes

ITA 4/NAG/2025[2008-09]Status: DisposedITAT Nagpur07 Oct 2025AY 2008-09

Bench: Shri Pavan Kumar Gadalesanjay Motiramji Muley, Ward No.7, Mahajan Pura ……………. Appellant Bhandara Road, Pardi Nagpur 440008. Pan – Akdpm6463G V/S Income Tax Officer ……………. Respondent Ward–4(4), Nagpur Assessee By : Ms. Alfiya Rozie.Ar Revenue By :Shri Surjit Kumar Saha.Sr.Dr

For Appellant: Ms. Alfiya Rozie.ARFor Respondent: Shri Surjit Kumar Saha.Sr.DR
Section 142(1)Section 143(2)Section 144Section 147Section 148Section 50C

capital gains of Rs.39,51,400/- and passed the assessment order dated 11/12/2012, under section 144 r/w section 147 of the Act. Aggrieved

ASSTT.COMMISSIONER OF INCOME TAX CIRCLE-5, NAGPUR vs. THE NIRMAL UJWAL CREDIT CO-OP SOCIETY LTD, NAGPUR

In the result, appeal filed by the Revenue for the assessment year

ITA 390/NAG/2019[2012-13]Status: HeardITAT Nagpur27 Nov 2024AY 2012-13

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Vikash Agrawal
Section 139(1)Section 143(1)Section 143(2)Section 80PSection 80P(2)

capital gains; view of the Tribunal in allowing the assessee‘s appeal on the principle of consistency cannot in the present facts be faulted with.‖ 17 The Nirmal Ujwal Credit Co–operative Society Ltd. A.Y. 2012–13 10. The learned Counsel further submitted that the issue is also covered by the following case laws of the Hon’ble High Court

DY. COMMISSIONER OF INCOME TAX, CIRCLE-3, NAGPUR, NAGPUR vs. VINODKUMAR RAJENDRALAL KOCHHAR, KAMPTEE

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

ITA 386/NAG/2023[2016]Status: DisposedITAT Nagpur31 Jul 2024

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: NoneFor Respondent: Shri Abhay Y. Marathe, Sr. DR
Section 139(1)Section 142Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 44A

section 250 of the Income Tax Act, 1961 ("the Act") by the learned Commissioner of Income Tax (Appeals), Nagpur [“learned CIT(A)”], for the assessment year 2016-17. 2. The grounds of appeal raised by the department are as follows: [1] The learned CIT(A) erred in quashing the impugned order dated 30.03.2022 u/s 147 r.w.s. 144 B without

DAYAL AGRO PRODUCTS LTD,AKOLA vs. JCIT, AKOLA RANGE, AKOLA

In the result, the assessee’s appeal is allowed

ITA 201/NAG/2017[2010-11]Status: DisposedITAT Nagpur16 Jul 2024AY 2010-11

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri K.P.Dewani, AdvocateFor Respondent: Shri Rajeev Benjwal, CIT DR
Section 250

section 250 of the Income Tax Act, 1961 ("the Act") by the learned Commissioner of Income Tax, (Appeals)-1, Nagpur, [“learned CIT”], for the assessment year 2010-11. Dayal Agro Products Ltd vs. JCIT, Akola ITA no.201/Nag./2017 2. The assessee has raised the following grounds of appeal:– “1. That on the facts and in the circumstances of the case

SMT. KANCHAN KISHORE JHAM,NAGPUR vs. INCOME TAX OFFICER WARD 4(2), NAGPUR

In the result, appeal filed by the Assessee is disposed off with the aforesaid clarification

ITA 92/NAG/2025[ACCPJ1529R]Status: DisposedITAT Nagpur19 Jun 2025

Bench: Shri Narender Kumar Choudhry

For Appellant: Ms. Mrudula Bhusari, Ld.ADvFor Respondent: Shri Anand Nagrale, Ld DR
Section 144Section 147

144 r/w section 147 of the Income Tax Act, 1961 (for short "the Act") and directed the Assessing Officer to verify the issue of short term capital gain

KUNDA GAYAKWAD,NAGPUR vs. ITO WARD 2(3), NAGPUR, NAGPUR

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

ITA 403/NAG/2025[2019-20]Status: DisposedITAT Nagpur10 Oct 2025AY 2019-20

Bench: Shripavan Kumar Gadalekunda Mahadev Gayakwad, Plot.No.B-60, Murlidhar Society, Koradi Road, ……………. Appellant Nagpur 441111, Maharashtra. Pan – Cpmpg5995R V/S Income Tax Officer ……………. Respondent Ward–2(3), Nagpur, Maharashtra. Assessee By:Shri.Madhao Vichore.A.R. Revenue By :Shri Surjit Kumar Saha.Sr. D.R.

For Appellant: Shri.Madhao Vichore.A.RFor Respondent: Shri Surjit Kumar Saha.Sr. D.R
Section 142(1)Section 144Section 250Section 54

section 144 r.w.s 147 and u/sec 250 of the Income Tax Act, 1961 (for short "the Act") for the A.Y. 2019–20. The assessee has raised the following grounds of appeal:– “1. On the basis of facts and circumstances of the case, Learned Assessing Officer erred in making addition of Rs. 31,44,000/- under the head Long Term Capital

SHIVPRASAD SHEVADE,NAGPUR vs. ITO WARD 4(4), BSNL RTTC BUILDING, NAGPUR

In the result, grounds of appeal raised by assessee are allowed

ITA 370/NAG/2025[2015-16]Status: DisposedITAT Nagpur26 Feb 2026AY 2015-16

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy(Physical Hearing) Shivprasad Shevade, Ito, Ward-4(4), Plot No. 80, Attadeep Nagar, Vs Bsnl Rttc Building, Seminary Near Juni Vasti Manewada, Nagpur, Hills, Nagpur, Nagpur, Maharashtra – 440027. Mharashtra–440033. [Pan: Eqops0368M] Appellant / Assessee Respondent / Revenue

Section 144Section 147Section 254(1)

144 of the Income-tax Act, 1961 without properly considering the evidence and submissions filed during the course of appellate proceedings. 2. That the Ld. CIT(A) has grossly erred in dismissing the appeal and upholding the addition of `. 21,30,74,000/- treating the entire amount of sale consideration as short-term capital gains, without appreciating the fact that

PRAKASH SHESHRAO WANKHEDE,KORADI KAMPTEE, NAGPUR vs. THE INCOME TAX OFFICER, WARD 3(4), NAGPUR

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

ITA 461/NAG/2025[2015-2016]Status: DisposedITAT Nagpur10 Oct 2025AY 2015-2016

Bench: Shri Pavan Kumar Gadaleprakash Sheshrao Wankhede, Khaprikoradi, Ward No.6 Near Hanuman Mandir Tehsil Kamptee, Koradi (Nv) ……………. Appellant Nagpur -441 111, Maharashtra. Pan–Abypw7048B V/S Income Tax Officer ……………. Respondent Ward–3(4), Nagpur Assessee By: None Revenue By : Shri Surjit Kumar Saha, Sr.Dr

For Appellant: NoneFor Respondent: Shri Surjit Kumar Saha, Sr.DR
Section 54F

section 54F was not given without appreciating the fact that the construction was carried out by local contractor & as assessee was staying in small village with no knowledge about the storage of bills. vouchers etc. & there was no requirement for clearance of pollution etc. The lower authorities have passed the orders without properly appreciating the facts and further erred

IDRISH KHAN,NAGPUR vs. ITO WARD 2(2), NAGPUR

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

ITA 315/NAG/2025[2015-16]Status: DisposedITAT Nagpur10 Apr 2026AY 2015-16

Bench: Shri Pawan Singh & Shri Khettra Mohan Royidrish Khan, 1St Floor, Aman Ito, Ward – 2(2), Nagpur Majestic, Dinshaw Factory Vs Road, Katolroad S.O., Nagpur (Urban), Nagpur, Pan : Afhpp 5844 H Assessee Respondent Assessee By : Shri Kapil Hirani, Advocate Revenue By : Shri Surjit Kumar Saha, Sr. Dr Date Of Hearing : 25.02.2026 Date Of Pronouncement : 10.04.2026 O R D E R

For Appellant: Shri Kapil Hirani, AdvocateFor Respondent: Shri Surjit Kumar Saha, Sr. DR
Section 148ASection 194HSection 250

section 250 of the Income Tax Act, 1961 (for short, “Act”) which is arising out of assessment order passed 147 r.w.s. 144 r.w.s. 144B of the Act, dated 15.03.2023 for the Assessment Year 2015-16. 2. Registry has pointed out that there is a delay of 469 days in filing the instant appeal. Affidavit for condonation of delay has been

M/S MAHESHWARI COAL BENEFICATION& INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

ITA 108/NAG/2024[2009-10]Status: DisposedITAT Nagpur26 Dec 2024AY 2009-10

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant Mmber

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 153ASection 153CSection 250

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

ITA 111/NAG/2024[2012-13]Status: DisposedITAT Nagpur26 Dec 2024AY 2012-13

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant Mmber

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 153ASection 153CSection 250

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION& INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

ITA 110/NAG/2024[2011-12]Status: DisposedITAT Nagpur26 Dec 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant Mmber

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 153ASection 153CSection 250

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

ITA 112/NAG/2024[2013-14]Status: DisposedITAT Nagpur26 Dec 2024AY 2013-14

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant Mmber

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 153ASection 153CSection 250

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground