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20 results for “capital gains”+ Section 54Fclear

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Key Topics

Section 54F25Addition to Income16Section 549Long Term Capital Gains9Exemption8Capital Gains7Business Income7Deduction7Section 696Section 143(3)

SANJAY GULABCHAND GUPTA,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-4, NAGPUR

In the result, appeal by the assessee stands dismissed

ITA 210/NAG/2023[2017-18]Status: DisposedITAT Nagpur14 Feb 2025AY 2017-18

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

For Appellant: Smt. Veena AgrawalFor Respondent: Shri Abhay Y. Marathe
Section 143(2)Section 54Section 54F

54F is available in respect of Capital Gain arising from sale of more than one Long Term Capital asset, not being residential house against the construction of one residential house. Incidental issue would be whether capital gains of multiple years can be claimed against construction of same new residential house. 2. Assessee submits that there is no bar in Section

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

6
Section 1486
Unexplained Investment6

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

section 54F of the Act against the capital gain on transfer of long term capital asset, on the ground that

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

section 10(38) of the Act. 4. (2015) 281 CTR 241 (SC) Andaman Timber Industries –Vs- Commissioner Of Central Excise Not allowing assessee to cross-examine witnesses by adjudicating authority though statements of those witnesses were made as basis of impugned order, amounted in serious flaw which make impugned order nullity as it amounted to violation of principles of natural

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

section 10(38) of the Act.\n4. (2015) 281 CTR 241 (SC) Andaman Timber Industries -Vs- Commissioner Of Central Excise\nNot allowing assessee to cross-examine witnesses by adjudicating authority though statements of those witnesses were made as basis of impugned order, amounted in serious flaw which make impugned order nullity as it amounted to violation of principles of natural

SMT . RAJANI SURENDRA ADAMANE ,NAGPUR vs. INCOME TAX OFFICER WARD 6(1), NAGPUR

In the result, Assessee’s appeal is allowed in the aforesaid terms

ITA 103/NAG/2020[2011-12]Status: DisposedITAT Nagpur25 Sept 2025AY 2011-12

Bench: Shri Narender Kumar Choudhrysmt. Rajani Surendra Ito, Ward-4(4), Nagpur Adamane, Plot No.30, Near Ghodke School Surendra Vs. Nagar, Hudkeshwar Road, Nagpur-440024. Pan: Alapa 9897 L (Appellant) (Respondent)

For Appellant: Shri Bhavesh Moryani, Ld. AdvFor Respondent: Shri Surjit Kumar Saha, Ld. Sr.D.R
Section 250Section 50CSection 54(2)Section 54F

capital gains are concerned. The word "assessee" must be given wide and liberal interpretation so as to include his legal heirs also. There is no warrant for giving too strict an interpretation to the word "assessee" as that would frustrate the object of granting exemption. 11. We also find judgments of other High Courts giving benefit of Section 54F

DY. C.I.T. CIR-.2, NAGPUR vs. SHRI GOVINDDAS GOVERDHAN DAGA, NAGPUR

In the result, cross-objection filed by the assessee stands dismissed

ITA 517/NAG/2016[2012-13]Status: DisposedITAT Nagpur05 Feb 2025AY 2012-13
For Appellant: NoneFor Respondent: Shri Sandipkumar Salunke
Section 147Section 148Section 44A

54F, being investment made in\n\"Capital Gain Scheme” for an amount of Rs. 15,78,88.855/-\n4.\nThe assessee, had applied for withdrawal of sum deposited in \"Capital Gain\nScheme\", vide letter dated NIL, submitted on 09/05/2013. The assessee also\nfiled a grievance petition to the then the CIT-I, Nagpur, who in turn forwarded\nthe same to this

ANIL SHANKAR PALEWAR,NAGPUR vs. INCOME TAX OFFICER, WARD-5(1), NAGPUR

In the result, appeal of the assessee is allowed

ITA 36/NAG/2022[2015-16]Status: DisposedITAT Nagpur31 Oct 2023AY 2015-16

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.36/Nag/2022 िनधा"रण वष" / Assessment Year : 2015-16 Anil Shankar Palewar, The Income Tax Officer, Plot No.219, Suyog Nagar, V Ward-5(1), Nagpur. Nagpur – 440015. S Pan: Abzpp 8221 A Appellant / Assessee Respondent / Revenue Assessee By Shri Kapil Hirani – Ar Revenue By Smt. Rashmi Mathur – Sr.Dr Date Of Hearing 26/10/2023 Date Of Pronouncement 31/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed Against The Order Of Ld. Commissioner Of Income Tax[Nfac], Delhi Dated 26.12.2021Under Section 250 Of The Act, 1961 For The Assessment Year 2015-16. The Assessee Has Raised Following Grounds Of Appeal : “1) On The Facts & Circumstances Of The Case & In Law, The Ld. Ao Grossly Erred In Disallowing & The Ld. Cit(A) Nfac, Delhi Grossly Erred In Confirming The Denial Of Benefit Of Exemption Under Section 54Ec Of The Income Tax Act, 1961 As Claimed By The Appellant In His Return Of Income. The Exemption Under Section 54Ec Anil Shankar Palewar [A]

Section 250Section 54ESection 54F

Capital Gain of Rs.71,15,365. 4) The Appellant claimed exemption under section 54F for an amount of Rs.24,78,917 which

MAHESHKUMAR BADRIBISHAL BHARTIYA,NAGPUR vs. ACIT CIRCLE 1,, NAGPUR

In the result, the appeal of assessee is allowed

ITA 210/NAG/2024[2016-17]Status: DisposedITAT Nagpur24 Feb 2026AY 2016-17

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy(Physical Hearing) Shri Ajitkumar Badriprasad Bhartiya Dcit, Circle –1 A–704, Anandam World City, Vs Bsnl–Rttc Building, Umred Road, Ganeshopeth, Seminary Hills, Nagpur – 440018. Nagpur – 440001. [Pan: Abbpb0801G] Appellant / Assessee Respondent / Revenue

Section 143(3)Section 254(1)Section 54F

54F. Such exemption was claimed by assessee in respect of long term capital gain which was earned on sale of immovable property at District Sitamarhi, Bihar. The assessee invested capital gain in purchase of two adjoining / adjacent flat and claimed exemption under section

SHRI AJITKUMAR BADRIPRASAD BHARTIYA,NAGPUR vs. DCIT, CIRCLE-1, NAGPUR

In the result, the appeal of assessee is allowed

ITA 250/NAG/2025[2015-16]Status: DisposedITAT Nagpur24 Feb 2026AY 2015-16

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy(Physical Hearing) Shri Ajitkumar Badriprasad Bhartiya Dcit, Circle –1 A–704, Anandam World City, Vs Bsnl–Rttc Building, Umred Road, Ganeshopeth, Seminary Hills, Nagpur – 440018. Nagpur – 440001. [Pan: Abbpb0801G] Appellant / Assessee Respondent / Revenue

Section 143(3)Section 254(1)Section 54F

54F. Such exemption was claimed by assessee in respect of long term capital gain which was earned on sale of immovable property at District Sitamarhi, Bihar. The assessee invested capital gain in purchase of two adjoining / adjacent flat and claimed exemption 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

section 54 by making investment of Rs.17,00,000 in construction of new residential property at Janaki Nagar, within prescribed period of time. The capital gains computation as per assessee is as under: 2.1 Particulars Amount Amount Sale of Residential Property 14,50,000.00 a. Consideration Received 20,56,000.00 20,56,000.00 b. Stamp Valuation U/s 54C (Whichever

SHRI JAGDISH SUBHARAM CHITADE vs. A.C.I.T CIR.-3, NAGPUR

Appeal is dismissed

ITA 483/NAG/2016[2012-13]Status: DisposedITAT Nagpur10 Jan 2023AY 2012-13

Bench: Shri S.S.Godara & Shri Dr.Dipak P. Ripoteआयकर अपीलसं. / Ita No.483/Nag/2016 िनधा"रणवष" / Assessment Year : 2012-13 Jagdish Subharam Chitade, The Assistant H.No.36, Godhani Bokhara, Dist. Vs. Commissioner Of Income Nagpur. Tax, Circle-3, Nagpur. Pan: Asppc 6752 Q Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri G.J.Ninawe – Dr Date Of Hearing 15/11/2022 Date Of Pronouncement 10/01/2023 आदेश/ Order Per S.S.Godara, Jm: This Assessee’S Appeal For Assessment Year 2012-13 Is Directed Against The Commissioner Of Income Tax(Appeal)-2, Nagpur’S Dated 09.05.2016 In Case No.Cit(A)-2/111/2015-16, In Proceedings U/S.143(3) Of The Income Tax Act, 1961 [In Short “The Act”].

Section 143(3)Section 2(14)Section 54BSection 54F

capital gains of Rs.16,27,806/- followed by section 54B and section 54F deductions; as the case may be. There

SYED NAZIM MOINUDDIN QUAZI,NAGPUR vs. ITO WARD 2(3), NAGPUR, NAGPUR

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

ITA 503/NAG/2025[2020 - 2021]Status: DisposedITAT Nagpur10 Oct 2025

Bench: Shri Pavan Kumar Gadalesayed Nazim Maoinuddin Quazi, Pltono.11–A & House Noquadri Enclave, Opp. Suri Laws Behind Police Line Takli ……………. Appellant Nagpur 440 013, Maharashtra. Pan–Aaapq2442A V/S Income Tax Officer ……………. Respondent Ward–2(3), Nagpur, Maharashtra. Assessee By:Ms.Alfiya Rozie, A.R. Revenue By :Shri Surjit Kumar Saha, Sr.Dr

For Appellant: Ms.Alfiya Rozie, A.RFor Respondent: Shri Surjit Kumar Saha, Sr.DR
Section 143(3)

section 143(3)r.w.s144 and u/sec 250 of the Income Tax Act, 1961 (for short "the Act"). The assessee has raised the following grounds of appeal:– “1. Whether on the facts and circumstances of the case, the learned CIT (Appeals) was justified in affirming the additions made by the learned AO pertaining to addition of the entire sale consideration

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

capital gain & without giving benetit of cost of acquisition by the Ld. AO in the absence of purchase deed while the assessee had specifically stated that he had inherited the ancestral property alongwith his 2 sisters & 3 legal heir of brother. 4. The Ld. AO could have called for the valuation of said land from DVO or any other registered

M/S. FATEMA SHOEB HUSSAIN,,NAGPUR vs. ITO, WARD- 2(4),, NAGPUR

ITA 65/NAG/2015[2005-06]Status: DisposedITAT Nagpur02 Sept 2024AY 2005-06

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

For Appellant: Shri Rachit ThakarFor Respondent: Shri Abhay Y. Marathe
Section 69

section 54F of the Act was not allowable in view of the short term capital gain of sale of shares

M/S. FATEMA SHOEB HUSSAIN,,NAGPUR vs. ITO, WARD- 2(4),, NAGPUR

ITA 67/NAG/2015[2007-08]Status: DisposedITAT Nagpur02 Sept 2024AY 2007-08

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

For Appellant: Shri Rachit ThakarFor Respondent: Shri Abhay Y. Marathe
Section 69

section 54F of the Act was not allowable in view of the short term capital gain of sale of shares

M/S. FATEMA SHOEB HUSSAIN,,NAGPUR vs. ITO, WARD- 2(4),, NAGPUR

ITA 66/NAG/2015[2006-07]Status: DisposedITAT Nagpur02 Sept 2024AY 2006-07

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

For Appellant: Shri Rachit ThakarFor Respondent: Shri Abhay Y. Marathe
Section 69

section 54F of the Act was not allowable in view of the short term capital gain of sale of shares

MISS FATEMA SHOEB HUSSAIN,,NAGPUR vs. ITO, WARD- 2(4),, NAGPUR

ITA 68/NAG/2015[2008-09]Status: DisposedITAT Nagpur02 Sept 2024AY 2008-09

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

For Appellant: Shri Rachit ThakarFor Respondent: Shri Abhay Y. Marathe
Section 69

section 54F of the Act was not allowable in view of the short term capital gain of sale of shares

M/S. FATEMA SHOEB HUSSAIN,,NAGPUR vs. ITO, WARD- 2(4),, NAGPUR

ITA 64/NAG/2015[2004-05]Status: DisposedITAT Nagpur02 Sept 2024AY 2004-05

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

For Appellant: Shri Rachit ThakarFor Respondent: Shri Abhay Y. Marathe
Section 69

section 54F of the Act was not allowable in view of the short term capital gain of sale of shares

MISS FATEMA SHOEB HUSSAIN,,NAGPUR vs. ITO, WARD- 2(4),, NAGPUR

ITA 69/NAG/2015[2009-10]Status: DisposedITAT Nagpur02 Sept 2024AY 2009-10

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

For Appellant: Shri Rachit ThakarFor Respondent: Shri Abhay Y. Marathe
Section 69

section 54F of the Act was not allowable in view of the short term capital gain of sale of shares

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

Capital Gain. 2 Kunda Gayakwad ITA no.403/Nag./2025 2. On the basis of facts and circumstances of the case, Learned Assessing Officer erred in not allowing the deduction under section 54 of Income Tax Act, 1961 since the Assessee has not filed Income Tax Return. 3. On the basis of facts and circumstances of the case, Commissioner of Income