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28 results for “capital gains”+ Section 200(1)clear

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Key Topics

Section 26336Addition to Income25Section 143(3)13Section 689Disallowance8Business Income8Deduction7Section 2506Section 234A6Section 69

SUSHILA BHAURAO DESHMUKH,AMRAVATI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 76/NAG/2022[2017-18]Status: DisposedITAT Nagpur20 Sept 2024AY 2017-18

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

For Appellant: ShriK.P. DewaniFor Respondent: Shri Sandeep Salunke
Section 143(3)Section 263Section 263(1)Section 54BSection 54E

capital gain which is not utilised by the assessee for the purchase of the new asset before the date of furnishing the return of income under section 139, shall be deposited by him before furnishing such return [such deposit being made in any case not later than the due date applicable in the case of the assessee for furnishing

Showing 1–20 of 28 · Page 1 of 2

6
Exemption6
Unexplained Investment6

ACIT, CIRCLE-4, NAGPUR vs. SHRI VINOD BALBHADRA GOENKA,, NAGPUR

In the result, appeal of the Revenue is dismissed

ITA 204/NAG/2017[2014-15]Status: DisposedITAT Nagpur28 Jun 2022AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2014-15 The Acit Vs. Shri Vinod Balbhadra Goenka Circle-4 247, Nandanvan Layout Nagpur Nagpur Pan No.:Aanpg 6841 N Appellant Respondent Revenue By :Shri Piyush Kolhe (Cit-Dr) Assessee By: Shri K.P. Dewani, Adv Date Of Hearing: 28/04/2022 Date Of Pronouncement: 28 /06 /2022 Order Per: Sandeep Gosain, J.M. This Is An Appeal By Revenue Against Order Of Learned Commissioner Of Income Tax (Appeals)-4, Nagpur Dated 30/03/2017 In Appeal No.Cit(A)- 4/198/16-17 For The Assessment Year 2014-15. The Grounds Raised By The Revenue In This Appeal Are As Under:

For Appellant: Shri K.P. Dewani, AdvFor Respondent: Shri Piyush Kolhe (CIT-DR)
Section 10(38)Section 131Section 68Section 69C

1) on 20/01/2005 had concluded that the sale proceeds in respect to sale of shares is bogus and thus same were liable to be assessed u/s 68 of Income Tax Act 1961. The order passed by A.O. was challenged in appeal. The aforesaid disputed issue has been considered by various appellate authorities from CIT(A) onwards. The matter in case

VIDHARBHA KONKAN GRAMIN BANK ,NAGPUR vs. INCOME TAX OFFICER WARD 1(5) , NAGPUR

In the result, appeal filed by the assessee for A

ITA 8/NAG/2019[2015-2016]Status: DisposedITAT Nagpur28 Nov 2024AY 2015-2016

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

For Appellant: Shri C. NareshFor Respondent: Shri Sandipkumar Salunke
Section 22Section 36(1)Section 36(1)(viia)Section 36(1)(viii)Section 80P

200 under section 36(1)(viia) is therefore upheld and confirmed. Ground no. 1 is dismissed. 7.0 Ground No.2: Addition of the interest accrued but not due on securities amounting to Rs.17,39,54,837/-. The appellant had claimed deduction in respect of the interest accrued but not due on the Government and other approved securities. It is argued that

VIDHARBHA KONKAN GRAMIN BANK ,NAGPUR vs. INCOME TAX OFFICER WARD 1(5) , NAGPUR

In the result, appeal filed by the assessee for A

ITA 7/NAG/2019[2014-15]Status: DisposedITAT Nagpur28 Nov 2024AY 2014-15

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

For Appellant: Shri C. NareshFor Respondent: Shri Sandipkumar Salunke
Section 22Section 36(1)Section 36(1)(viia)Section 36(1)(viii)Section 80P

200 under section 36(1)(viia) is therefore upheld and confirmed. Ground no. 1 is dismissed. 7.0 Ground No.2: Addition of the interest accrued but not due on securities amounting to Rs.17,39,54,837/-. The appellant had claimed deduction in respect of the interest accrued but not due on the Government and other approved securities. It is argued that

SHRI DEEPAK SURESH GADGE,,NAGPUR vs. DY. CIT, CIRCLE-1 , NAGPUR

In the result, appeal filed by the assessee partly allowed

ITA 23/NAG/2018[2013-2014]Status: DisposedITAT Nagpur28 Nov 2024AY 2013-2014

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Abhay Y. Marathe
Section 234A

section 45(2) of the Income Tax Act, 1961. It is respectfully submitted that no business activities were required to be carried on in respect of assets sold under consideration as the project was almost complete in all respects as on 31/03/2012 and as such it cannot be even presumed that appellant has converted his capital assets into stock

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

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

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

200/-. Applying indexation, the indexed cost of acquisition works out to Rs.30,69,408/- [2131200 X 1023/711]. Accordingly, the long term capital gain works out to Rs.83.89.792/- [11455200 – 3069408]. 7. On perusal of the return of income of the assessee, it is seen that the assessee has shown income from house properties as under; Sr. Address of Property Whether

ACIT-CENTRAL CIRCLE -2(1), NAGPUR vs. SHRI NANDKUMAR KHATTUMAL HARCHANDANI , NAGPUR

ITA 410/NAG/2019[2014-15]Status: DisposedITAT Nagpur25 Feb 2025AY 2014-15

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Sandipkumar Salunke
Section 10(38)Section 68

1. As per Para-1 "It is seen that the name of Shri Nandkumar Khattumal Harchandani son of Shri Khattumal Harchandani also features in the list of cases who availed bogus LTCG and claimed exemption from tax as per provision of Section 10(38) of the I.T. Act, 1961”. The assessee strongly objects to the said allegation made

ACIT-CENTRAL CIRCLE -2(1), NAGPUR vs. SHRI NANDKUMAR KHATTUMAL HARCHANDANI , NAGPUR

In the result, appeal of the Revenue stands dismissed

ITA 411/NAG/2019[2015-16]Status: DisposedITAT Nagpur25 Feb 2025AY 2015-16

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Sandipkumar Salunke
Section 10(38)Section 68

1. As per Para-1 – “It is seen that the name of Shri Nandkumar Khattumal Harchandani son of Shri Khattumal Harchandani also features in the list of cases who availed bogus LTCG and claimed exemption from tax as per provision of Section 10(38) of the I.T. Act, 1961”. The assessee strongly objects to the said allegation made

RAVINDRA MADANLAL KHANDELWAL,AKOLA vs. DCIT/ACIT CIRCLE , AKOLA

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

ITA 375/NAG/2024[2018-19]Status: DisposedITAT Nagpur18 Nov 2024AY 2018-19

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

For Appellant: Shri Mahavir AtalFor Respondent: Shri Sandipkumar Salunke
Section 142(1)Section 143Section 144BSection 68

200 7 Chandadevi B Khandelwal 73,608 7,361 8 Chetan Ashok Agrawal 25,550 2,555 9 Deepak Mohanlalji Chandak 5,167 517 10 Ekta Ravindra Khandelwal 1,73,024 17,302 11 Gangasahay Tarachand 34,640 3,464 12 Garg Agro Industries 61,975 6,198 13 Kamlesh Kisanchand Motwani 550 - 14 Kanika Agro Industries

M/S TAWARI TRADERS ,BULDHANA vs. INCOME TAX OFFICER WARD -2, KHAMGAON

In the result, appeal by the assessee stands dismissed

ITA 193/NAG/2019[2013-14]Status: DisposedITAT Nagpur04 Mar 2025AY 2013-14

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

For Appellant: Shri Rachit ThakkarFor Respondent: Shri Abhay Y. Marathe
Section 36Section 36(1)(iii)Section 40

capital of partner is interest bearing funds for the firm. 7.6 In conclusion, the AO erred in not considering that interest free advances were out of interest free loan availed by the appellant. Consequently, the interest of Rs.5,30,902 i.e., 15% of Rs.35,39,351 (interest free advances) deserves to be deleted from the total addition of Rs.9

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1, NAGPUR vs. M/S RAGHAV FINVEST PVT LTD , NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 121/NAG/2020[2012-13]Status: DisposedITAT Nagpur25 Oct 2024AY 2012-13

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

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Abhay Y. Marathe

200 shares @ ` 190 each to the total income of the assessee. The assessee being not satisfied with the assessment 4 M/s. Raghav Finvest Pvt. Ltd. ITA no.121/Nag./2020 order of the Assessing Officer, carried the matter before the first appellate authority. 5. The learned CIT(A) deleted the addition made by the Assessing Officer by observing as follows

ASSTT.COMMISSIONER OF INCOME TAX CIRCLE-1, NAGPUR vs. VISHNU GILTS PVT.LT, NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 237/NAG/2018[2012-13]Status: DisposedITAT Nagpur25 Oct 2024AY 2012-13

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

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Abhay Y. Marathe

200 shares @ ` 190 each to the total income of the assessee. The assessee being not satisfied with the assessment 4 M/s. Raghav Finvest Pvt. Ltd. ITA no.121/Nag./2020 order of the Assessing Officer, carried the matter before the first appellate authority. 5. The learned CIT(A) deleted the addition made by the Assessing Officer by observing as follows

DY COMMISSIONER OF INCOME TAX , CIRCLE-1, NAGPUR vs. M/S NIHAL GITS PVT.LTD , NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 95/NAG/2018[2012-2013]Status: DisposedITAT Nagpur25 Oct 2024AY 2012-2013

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

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Abhay Y. Marathe

200 shares @ ` 190 each to the total income of the assessee. The assessee being not satisfied with the assessment 4 M/s. Raghav Finvest Pvt. Ltd. ITA no.121/Nag./2020 order of the Assessing Officer, carried the matter before the first appellate authority. 5. The learned CIT(A) deleted the addition made by the Assessing Officer by observing as follows

M/S. HARIHAR INFRASTUCTURE DEVELOPMENT CORPORATION LTD.,,NAGPUR vs. THE DY.CIT, CIRCLE- 1,, NAGPUR

In the result, appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 60/NAG/2015[2010-11]Status: DisposedITAT Nagpur09 May 2022AY 2010-11

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita No. 60/Nag/2015 "नधा"रण वष" / Assessment Year : 2010-11 M/S. Harihar Infrastructure Development Corporation Ltd.; G-3, Amar Palace, Opp. Patwardhan Ground, Dhantoli, Nagpur-12. Pan : Aabch9888H .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-1, Nagpur. ……""यथ" / Respondent Assessee By : Shri S. Shriram, Ar Revenue By : Shri Pradeep Headoo, Dr

For Appellant: Shri S. Shriram, ARFor Respondent: Shri Pradeep Headoo, DR
Section 143(1)Section 143(2)Section 143(3)Section 2Section 2(14)Section 2(14)(ii)Section 234A

200 12 101 Salaimendha Tuwar 0.3 13 104 Salaimendha Soyabean 1 100 14 71 Junewane Soyabean 0.7 15 71 Junewane Tuwar 0.1 16 72 Junewane Soyabean 0.8 17 72 Junewane Tuwar 0.1 20.09 1950 0 13 M/s. Harihar Infrastructure Development Corporation Ltd. Vs. DCIT, Circle-1, Nagpur Observing, that the aforesaid claim of the assessee militated as against its earlier

VIRAMBHAI HARGOVANBHAI PATEL,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, DELHI

In the result appeal of the Revenue is dismissed

ITA 421/NAG/2022[2018-19]Status: DisposedITAT Nagpur14 Aug 2024AY 2018-19

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

For Appellant: Shri Bhavesh MoryaniFor Respondent: Shri Abhay Y. Marathe
Section 143(2)Section 143(3)Section 234ASection 56(2)(x)

1. without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property: 2. for a consideration which is less than the stamp duty value of the property by an amount exceeding fifty thousand rupees, the stamp duty value of such property as exceeds such consideration. 7.6 In view of the above

INOCME TAX OFFICER , WARD 1(5), NAGPUR vs. VIDARBHA KONKAN GRAMIN BANK , NAGPUR

In the result, appeals filed by the Revenue for A

ITA 5/NAG/2019[2015-16]Status: DisposedITAT Nagpur06 Dec 2024AY 2015-16

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

For Appellant: Shri C. NareshFor Respondent: Shri Sandipkumar Salunke
Section 1Section 143(1)Section 36(1)(vii)Section 41(4)

200 36(1)(vii) Interest accrued but not due on Govt. 2. ` 17,39,54,837 and other securities ` 2,68,07,020 3. Deduction u/s 36(1)(vii) Addition in respect of bad debts 4. ` 2,77,22,160 written–off u/s 41(4) ` 1,92,31,029 5. Disallowance of interest accrued ` 10,87,720 6. Disallowance

INOCME TAX OFFICER , WARD 1(5), NAGPUR vs. VIDARBHA KONKAN GRAMIN BANK , NAGPUR

In the result, appeals filed by the Revenue for A

ITA 4/NAG/2019[2014-15]Status: DisposedITAT Nagpur06 Dec 2024AY 2014-15

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

For Appellant: Shri C. NareshFor Respondent: Shri Sandipkumar Salunke
Section 1Section 143(1)Section 36(1)(vii)Section 41(4)

200 36(1)(vii) Interest accrued but not due on Govt. 2. ` 17,39,54,837 and other securities ` 2,68,07,020 3. Deduction u/s 36(1)(vii) Addition in respect of bad debts 4. ` 2,77,22,160 written–off u/s 41(4) ` 1,92,31,029 5. Disallowance of interest accrued ` 10,87,720 6. Disallowance

MRS. DEVYANI AJIT MULIK,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCEL-1, NAGPUR

In the result, the appeal of the assessee is allowed

ITA 1/NAG/2023[2016-17]Status: DisposedITAT Nagpur18 Mar 2024AY 2016-17

Bench: Shri S.S.Godara & Dr. Dipak P. Ripote

Section 250Section 271(1)(c)Section 50C

200/- for the purpose of section 50C of the Act. Accordingly, AO made addition of Rs.2,35,08,703/- as the difference between long term capital gain shown by the assessee in the return of income and as calculated by the AO. AO also initiated penalty u/s.271(1

SHREE SANT BHOJAJI MAHARAJ DEOSTHAN AJANSARA,WARDHA vs. INCOME TAX OFFICER (EXEMPTION) -4, NAGPUR, NAGPUR

In the result, appeal filed by the assessee is in ITA No

ITA 211/NAG/2025[2015-2016]Status: DisposedITAT Nagpur01 Apr 2026AY 2015-2016

Bench: Shri Pawan Singh& Shri Khettra Mohan Roy

Section 12ASection 143(3)Section 250Section 263

section 142(1) and 143(2) from time to time and called the details with respect of claim of the assessee, which is placed on record in Paper Book Page-17 To 18 of the Paper Book. In response to notices assessee has filed reply from time to time before the assessing officer, which is on Page

SHREE SANT BHOJAJI MAHARAJ DEOSTHAN AJANSARA,WARDHA vs. COMMISSIONER OF INCOME TAX (EXEMPTION), PUNE AT NGP, NAGPUR

In the result, appeal filed by the assessee is in ITA No

ITA 186/NAG/2025[2015-2016]Status: DisposedITAT Nagpur01 Apr 2026AY 2015-2016

Bench: Shri Pawan Singh& Shri Khettra Mohan Roy

Section 12ASection 143(3)Section 250Section 263

section 142(1) and 143(2) from time to time and called the details with respect of claim of the assessee, which is placed on record in Paper Book Page-17 To 18 of the Paper Book. In response to notices assessee has filed reply from time to time before the assessing officer, which is on Page