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18 results for “capital gains”+ Section 234Cclear

Sorted by relevance

Mumbai571Delhi370Bangalore256Ahmedabad137Kolkata80Jaipur76Hyderabad75Chennai64Pune29Rajkot21Nagpur18Indore17Raipur17Chandigarh16Amritsar11Surat11Karnataka11Visakhapatnam8Lucknow8Jodhpur7Patna6Agra5Telangana4Guwahati3Ranchi3SC3Jabalpur3Cuttack2Dehradun1Panaji1

Key Topics

Section 234A24Section 143(3)22Addition to Income14Section 14812Section 26310Section 689Section 143(1)7Section 1476Section 50C5Disallowance

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

capital gain with consistent deduction towards indexed cost of acquisition for ` 40,09,499. Accordingly, grounds no.1 to 4, raised by the assessee are allowed. 12. Ground no.5, relates to charging of interest under section 234A, 234B and 234C

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: Disposed
4
Long Term Capital Gains4
Capital Gains3
ITAT Nagpur
27 Jun 2024
AY 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

RAJESH SARDA,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), NAGPUR

In the result, the addition of undisclosed income under section 68 is deleted

ITA 44/NAG/2022[2015-16]Status: DisposedITAT Nagpur24 Feb 2026AY 2015-16

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy(Physical Hearing) Rajesh Sarda, Acit, Central Circle – 2(2), Nagpur 14, Daga Lay–Out, Ambazari Road, Vs Aayakar Bhawan, Civil Lines, Nagpur – 440033. Maharashtra – 440001. [Pan: Ahaps4925M] Appellant / Assessee Respondent / Revenue Assessee By Shri K.P. Dewani, Advocate Revenue By Shri Pankaj Kumar, Cit–Dr Date Of Hearing 16.02.2026 Date Of Pronouncement 24.02.2026 Order Under Section 254(1) Of Income Tax Act

Section 10(38)Section 132Section 153ASection 234ASection 254(1)Section 68Section 69C

234C of I.T. Act 1961 is unjustified, unwarranted and excessive. 8) Any other ground shall be prayed at the time of hearing.” 3. Brief facts of the case are that assessee is proprietor of Lakshya Enterprises engaged in the trading of Iron and Steel, filed his return of income for A.Y. 2015– 16 on 30.09.2015 declaring income

MANISHA ASHUTOSH SHEWALKAR,NAGPUR vs. INCOME TAX OFFICER WARD 5(3), NAGPUR

In the result, assessee’s appeal stands allowed

ITA 67/NAG/2025[2014-15]Status: DisposedITAT Nagpur04 Apr 2025AY 2014-15

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Abhay Y. Marathe
Section 133(6)Section 143(3)Section 147Section 148Section 2(14)Section 234A

section 2(14) Income Tax Act, therefore addition made is illegal, invalid and bad in law; 9. On the facts and circumstances of the case, the Ld. CIT(A) NFAC erred in not considering that the aforesaid; agriculture land was converted into non-agriculture as per the order of the Deputy Divisional Officer, Nagpur, in which clearly mentioned that conversion

DAYAL COTSPIN LIMITED,AKOLA vs. ACIT, AKOLA CIRCLE, AKOLA

In the result, appeal filed by the assessee is allowed

ITA 87/NAG/2024[2012-13]Status: DisposedITAT Nagpur12 Dec 2024AY 2012-13

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

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Abhay Y. Marathe
Section 132(1)Section 142(1)Section 143Section 143(3)Section 147Section 148Section 154Section 234ASection 68

234C of I.T. Act 1961 is unjustified, unwarranted and excessive. Any other ground that shall be prayed at the time of hearing.” 11. 3. Facts in Brief:- In this case, the assessee, for the year under consideration, filed its return of income on 29/09/2012, which was accepted by the Assessing Officer during the regular assessment framed under section

SHRIRAM NARAYAN TIKDE,NAGPUR vs. INCOME TAX, WARD 4(4) , NAGPUR

ITA 89/NAG/2021[2008-09]Status: DisposedITAT Nagpur27 Jan 2025AY 2008-09

Bench: Shri V. Durga Rao

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 147Section 148Section 154Section 234BSection 50C(2)Section 54Section 68

capital gains of Rs.73,041 offered by the assessee. In doing so, the learned AO erred in not providing benefit of indexed cost of improvement of Rs.4,55,185 incurred during FY 2006-07, brokerage fees on sale of plot of Rs.25,000 and deduction under section 54 claimed by the assessee on new investment

PRITAM SINGH CHARAN SINGH GUJJAR,NAGPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4,, NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 406/NAG/2023[2015-16]Status: DisposedITAT Nagpur18 Sept 2024AY 2015-16

Bench: Shri V. Durga Rao

For Appellant: Shri Bhavesh MoryaniFor Respondent: Shri Abhay Y. Marathe
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 234ASection 48Section 50C

234C of the Income Tax Act is unjustified, unwarranted and excessive. 5. The assessee craves leave to amend, add or take a new ground or grounds at the time of hearing.” 3. The sole point of dispute is whether the addition of ` 3,22,000, towards difference between the fair market value on the same consideration is to be added

ANANT RAMRAO CHAVAN,AMRAVATI vs. INCOME TAX OFFICER, WARD-1, AMRAVATI

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

ITA 476/NAG/2024[2014-15]Status: DisposedITAT Nagpur26 Dec 2024AY 2014-15

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

For Appellant: NoneFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 147Section 234ASection 250

capital gain on sale of land which is not given in the order. 6. The learned CIT (A) erred in not deciding the issue on merits only because of delay. The learned CIT (A) is unjustified in dismissing the appeal which is required to be condoned on bonafide reason. The appellant prays that the delay be condoned and appeal should

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

gain on sale of agricultural land is exempt u/s.2(1A) of I.T.Act, 1961. 3. The addition made by the AO at Rs.31,45,251/- in the assessment framed as business income is unjustified, unwarranted and bad in law. 3 M/s. Harihar Infrastructure Development Corporation Ltd. Vs. DCIT, Circle-1, Nagpur 4. In the facts and circumstances of the case

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)

capital gain would fail since there would not be any differential between the stated consideration and the value to be considered by the stamp valuation authority of the State Government for the payment of stamp duty. However, it has been pointed out by the Revenue that the buyers of the properties have paid stamp duty at the value determined

M/S SANJAY SHANKARRAO JADHAO,AMRAVATI vs. JIOINT C.I.T. AMRAVATI RANGE,, AMRAVATI

In the result, assessee’s appeal stands allowed

ITA 66/NAG/2017[2011-12]Status: DisposedITAT Nagpur23 Apr 2018AY 2011-12

Bench: Shri Shamim Yahya & Shri Ram Lal Negi

For Appellant: Shri K.P. DewaniFor Respondent: Shri Gitesh Kumar
Section 234ASection 54B

234C of l.T Act 1961 is unjustified, unwarranted and excessive. 2. Apropos ground relating to disallowance of claim of ` 2,88,986 on plant and machinery. 3. The assessee, in this case, is a proprietor of several businesses. The Assessing Officer, during the course of assessment proceedings, noted that in case of one of its business concerns namely M/s. Jadhao

SHRI. ANAND DAGA,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 2(2), NAGPUR

ITA 133/NAG/2021[AY 2017-18]Status: DisposedITAT Nagpur28 Jun 2022

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2017-18 Shri Anand Daga Vs. The Acit 601/602, B Wing, 6Th Floor Central Circle 2(2) Lokmat Bhawan,Ramdaspeth, Nagpur Nagpur Pan No.:Aedpd 1144B Appellant Respondent Assessee By: Shri Mahavir Atal, Ca Revenue By :Smt. Agnes P Thomas (Cit-Dr) Date Of Hearing: 27/04/2022 Date Of Pronouncement: 28 /06/2022 Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)- 3, Nagpur Dated 09-08-2021 For The Assessment Year 2017-18 Wherein The Assessee Has Raised The Following Grounds.

For Appellant: Shri Mahavir Atal, CAFor Respondent: Smt. Agnes P Thomas (CIT-DR)
Section 234ASection 53Section 54

capital gain in the A.Y. 2017-18 by misinterpreting the provisions of Section 53 of the Transfer of Properties Act, 1882. 2. That on the facts and in law the ld. CIT(A) erred in misinterpreting the provisions of Section 54 of the Income Tax Act, 1961 in respect of use of property constructed. 3. The appellant denies his liability

ASHUTOSH RAM SHEWALKAR,NAGPUR vs. INCOME TAX OFFICER WARD-5(2), NAGPUR

In the result, both the above Tax

ITA 431/NAG/2025[2014-2015]Status: DisposedITAT Nagpur01 Apr 2026AY 2014-2015

Bench: Shripawan Singh& Shrikhettra Mohan Royashutosh Ram Shewalkar Ito, Ward – 5(2) 80, North Ambazari Road, Vs Bsnl, Rttcbldg Daga Layout Nagpur – 440010 Dharmapeth, Nagpur - 440010 [Pan: Aepps8104N] Appellant / Assessee Respondent / Revenue Assessee By Shrimanoj G Moryani, Adv& Shribhavesh M. Moryani, Adv Revenue By Shrisurjit Kumar Saha, Sr. Dr Date Of Hearing 27.02.2026 Date Of Pronouncement 01.04.2026

Section 143Section 143(3)Section 2(14)Section 234ASection 250

234C of the Income Tax act, the same may kindly be deleted 10. The appellant craves leave to amend, add or take a new ground or grounds at the time of hearing;” ITA431/Nag/2024 (A.Y. 2014–15) Ashutosh Ram Shewalkar 2. At the very outset, we noticed that there is a delay of 79 day in filing the present appeal before

SHRI ASHRAF KHARWA ,NAGPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2, NAGPUR

Appeal is partly allowed in above terms

ITA 73/NAG/2019[2007-08]Status: DisposedITAT Nagpur23 Dec 2022AY 2007-08

Bench: Shri S. S. Godaraआयकर अपील सं. / Ita No.73/Nag/2019 िनधा"रण वष" / Assessment Year: 2007-08 Shri Ashraf Kharwa, Vs. Acit, Circle-2, Nagpur. C/O. M/S. Loya Bagri & Co., Chartered Accountants, Gandhibag, Nagpur- 440002. Pan : Adcpa7765P Appellant Respondent Assessee By : Shri Rajesh V. Loya Revenue By : Shri G. J. Ninawe Date Of Hearing : 01.11.2022 Date Of Pronouncement : 27.12.2022 आदेश / Order Per S. S. Godara, Jm: This Assessee’S Appeal For Assessment Year 2007-08 Arises Against The Cit(A)-2, Nagpur’S Order Dated 18.01.2019 Passed In Case No. Cit(A)-2/474/2009-10, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short “The Act”. Heard Both The Parties. Case File Perused. 2. The Assessee Raises The Following Substantive Grounds In The Instant Appeal :- “(1) That The Order Of The Assistant Commissioner Of Income Tax, Circle-2, Nagpur Is Bad In Law & Wrong On Facts & The Learned Cit(A) Erred In Partly Confirming The Same. (2) That The Learned Cit(A) Erred In Law & On Facts In Sustaining The Addition Made By The Assessing Officer To The Extent Of Rs.50,000/-

For Appellant: Shri Rajesh V. LoyaFor Respondent: Shri G. J. Ninawe
Section 143(3)Section 234ASection 49(1)(ii)

234C. On the facts and circumstances of the case and in law the action is unjustified.” 3. Learned counsel submits at the outset that the assessee’s grounds no.1 and 6 are general/consequential in nature. Rejected accordingly. 4. The assessee’s first and foremost raises the issue of cost of improvement in the alleged capital asset stated

RAGHAV AGRITECH,NAGPUR vs. ITO WARD 3(4), NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 182/NAG/2024[2019-20]Status: DisposedITAT Nagpur18 Nov 2024AY 2019-20

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

For Appellant: NoneFor Respondent: Shri Vijay Agrawal
Section 139Section 143Section 143(1)Section 194CSection 1aSection 234ASection 40

234C of the act. 7. The appellant craves leave to add or amend any ground of appeal with the permission of the Hon'ble members.” 4. Facts in Brief:– The assessee is engaged in the business of manufacturing of all types of Agriculture Shed Net and is regular in filing its return of income which has been assessed

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR, NAGPUR vs. M/S. SUFLAM INFRA PROJECT LTD, NAGPUR

In the result, the departmental appeal is dismissed

ITA 46/NAG/2021[2014-15]Status: DisposedITAT Nagpur29 Jul 2024AY 2014-15

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

For Appellant: Shri Kapil Hirani, Adv &For Respondent: Shri Kailash C. Kanojiya, CTI DR
Section 143(3)Section 263Section 68

capital. The creditworthiness of the lender nor the genuineness of the transaction is examined by ΑΘ. From the record, it is evident that the AO has not carried out any such factual verification. This has made the assessment orders for the A.Y. 2014-15 prejudicial in as much as erroneous to the interest of Revenue. Hence, the AO needs

SUFALAM INFRA PROJECTS LTD ,NAGPUR vs. PR. CIT (CENTRAL ), NAGPUR

In the result, the departmental appeal is dismissed

ITA 97/NAG/2019[2014-15]Status: DisposedITAT Nagpur29 Jul 2024AY 2014-15

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

For Appellant: Shri Kapil Hirani, Adv &For Respondent: Shri Kailash C. Kanojiya, CTI DR
Section 143(3)Section 263Section 68

capital. The creditworthiness of the lender nor the genuineness of the transaction is examined by ΑΘ. From the record, it is evident that the AO has not carried out any such factual verification. This has made the assessment orders for the A.Y. 2014-15 prejudicial in as much as erroneous to the interest of Revenue. Hence, the AO needs

TAKALI JANSEVA NAGRI SAHKARI PAT SANSTHA LIMITED,NAGPUR vs. ITO WARD 2(2), NAGPUR, NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 616/NAG/2024[2020-21]Status: DisposedITAT Nagpur25 Feb 2025AY 2020-21

Bench: Shri V. Durgarao

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Abhay Y. Marathe
Section 234ASection 56Section 80PSection 80P(1)Section 80P(2)(a)Section 80P(2)(d)

capital and assessee was 2 Takali Janseva Nagri Sahakari Pat Sanstha Ltd. ITA no.616/Nag./2024 required to maintain liquid funds to meet its time and demand deposits repayment responsibility, as per applicable statutory regulatory guidelines. 3. Without prejudice, the assessee was also eligible for claim of deduction in respect of interest of Rs.48,77,959 under section