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13 results for “reassessment”+ Section 50Cclear

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Key Topics

Section 26324Section 14813Addition to Income12Section 1479Section 56(2)(vii)9Section 143(3)6Section 1456Section 142A6Section 44A5Revision u/s 263

ASSTT.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. M/S RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 26/NAG/2020[2014-15]Status: DisposedITAT Nagpur29 Jul 2024AY 2014-15

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

Section 142ASection 145

50C of the Act. The decision given by the H'ble Allahabad High Court cannot, by any stretch of imagination, be applied in this case. In the assessment order, the AO has emphasised that provisions of section 142A(2) of the Act have been amended by the Finance Act, 2014, and as per the amended provisions, the AO can make

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA MADHAV DEVELOPER , NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 47/NAG/2021[2011-12]Status: DisposedITAT Nagpur
2
Reassessment2
Deduction2
29 Jul 2024
AY 2011-12

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

Section 142ASection 145

50C of the Act. The decision given by the H'ble Allahabad High Court cannot, by any stretch of imagination, be applied in this case. In the assessment order, the AO has emphasised that provisions of section 142A(2) of the Act have been amended by the Finance Act, 2014, and as per the amended provisions, the AO can make

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1),NAGPUR, NAGPUR vs. M/S. RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 48/NAG/2021[2012-13]Status: DisposedITAT Nagpur29 Jul 2024AY 2012-13

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

Section 142ASection 145

50C of the Act. The decision given by the H'ble Allahabad High Court cannot, by any stretch of imagination, be applied in this case. In the assessment order, the AO has emphasised that provisions of section 142A(2) of the Act have been amended by the Finance Act, 2014, and as per the amended provisions, the AO can make

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA RADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 49/NAG/2021[2013-14]Status: DisposedITAT Nagpur29 Jul 2024AY 2013-14

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

Section 142ASection 145

50C of the Act. The decision given by the H'ble Allahabad High Court cannot, by any stretch of imagination, be applied in this case. In the assessment order, the AO has emphasised that provisions of section 142A(2) of the Act have been amended by the Finance Act, 2014, and as per the amended provisions, the AO can make

ASSTT.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. M/S RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 27/NAG/2020[2015-16]Status: DisposedITAT Nagpur29 Jul 2024AY 2015-16

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

Section 142ASection 145

50C of the Act. The decision given by the H'ble Allahabad High Court cannot, by any stretch of imagination, be applied in this case. In the assessment order, the AO has emphasised that provisions of section 142A(2) of the Act have been amended by the Finance Act, 2014, and as per the amended provisions, the AO can make

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

ITA 140/NAG/2021[2018-19]Status: DisposedITAT Nagpur29 Jul 2024AY 2018-19

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

Section 142ASection 145

50C of the Act. The decision given by the H'ble Allahabad High Court cannot, by any stretch of imagination, be applied in this case. In the assessment order, the AO has emphasised that provisions of section 142A(2) of the Act have been amended by the Finance Act, 2014, and as per the amended provisions, the AO can make

VIKAS GUPTA ,INDORE vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), NAGPUR, NAGPUR

In the result, assessee’s appeal stands allowed

ITA 186/NAG/2024[2016-17]Status: DisposedITAT Nagpur21 Mar 2025AY 2016-17

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

For Appellant: Ms. Neha JainFor Respondent: Shri Sandipkumar Salunke
Section 132Section 139(1)Section 143(3)Section 153ASection 263

reassess the total income for the entire six years block assessment period even in case of completed/unabated assessment. As per the second proviso to Section 153A, only pending assessment/reassessment shall stand abated and the AO would assume the jurisdiction with respect to such abated assessments. It does not provide that all completed/unabated assessments shall abate. If the submission on behalf

VIJAY VINOD DURAGKAR,NAGPUR vs. INCOME TAX OFFICER WARD 4(4), NAGPUR

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

ITA 339/NAG/2023[2015-16]Status: DisposedITAT Nagpur18 Nov 2024AY 2015-16

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

For Appellant: Shri Kapil HiraniFor Respondent: Shri Abhay Y. Marathe
Section 148Section 56(2)(vii)Section 69

50C and sub-section (15) of section 155 shall, as far as may be, apply in relation to the stamp duty value of such property for the purpose of sub-clause (b) as they apply for valuation of capital asset under those sections. I have gone through the valuation report submitted by the Valuation Officer, Income Tax Department, Nagpur wherein

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

Section 50C by the Assessing Officer while dismissing the grounds of appeal, without properly following the binding judicial pronouncements of the Hon'ble High Courts and the ITAT. a) The Honorable ITAT, Nagpur Bench, in the case of Vijaya Vinod Duragkar Vs ITO, dated 18.11.2024, Nagpur Bench ITA 339/Nag/2023 took a view that the reopening of assessment was invalid

FATTESING PUNAJI DHABRE,NAGPUR vs. PRINCIPAL COMMISSIONER INCOME TAX – 2, NAGPUR

In the result, this appeal of assessee is allowed

ITA 368/NAG/2022[2011-12]Status: DisposedITAT Nagpur24 Feb 2026AY 2011-12

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy(Physical Hearing) Fattesing Punaji Dhabre Pcit – 2, Nagpur Plot No. 132, Chandan Nagar, Post Vs Aayakar Bhawan, Civil Lines, Hanuman Nagar, Nagpur, Maharashtra – 440001. Maharashtra – 440009. [Pan: Bacpd6505Q] Appellant / Assessee Respondent / Revenue Assessee By Shri Madhav Vichare, Ca Revenue By Shri Pankaj Kumar, Cit–Dr Date Of Hearing 17.02.2026 Date Of Pronouncement 24.02.2026 Order Under Section 254(1) Of Income Tax Act

Section 142(1)Section 143(2)Section 143(3)Section 148Section 254(1)Section 263Section 54B

reassessment notice under section 148 and also erred in passing assessment order in consequence of invalid and illegal proceedings.” 3. Facts in brief, as extracted from the order of lower authorities are that assessee is individual and has not filed return of income for A.Y. 2011–12. The assessing officer received information that assessee has sold immovable property

BHAVESH SURESH SEJPAL,AKOT vs. ITO WARD-3, AKOLA

In the result, appeal by the assessee stands allowed

ITA 467/NAG/2024[2014-15]Status: DisposedITAT Nagpur21 Mar 2025AY 2014-15

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

For Appellant: Shri Naresh JakhotiaFor Respondent: Shri Abhay Y. Marathe
Section 147Section 148Section 44ASection 50Section 56Section 56(2)(vii)

reassessment proceedings, the assessee pleaded that, although the property was registered on 15/03/2014, the actual agreement of purchase was registered on 29/05/2012. Therefore, he pleaded that the market value as on registration of the sale agreement, should be considered for the purchase consideration, instead of the value, as mentioned in the final registered deed. The AO found that the Income

VAISHNAV YASHWANT ASHTANKAR,NAGPUR vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX - NAGPUR 2, NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 240/NAG/2024[2016-2017]Status: DisposedITAT Nagpur06 Dec 2024AY 2016-2017

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Sandipkumar Salunke
Section 142(1)Section 144BSection 147Section 148Section 263Section 44ASection 56(2)Section 56(2)(vii)

reassessment proceedings. The assessee's claim that the difference in market value and purchase consideration being 14.1% i.e. less than 15%, should be accepted as being nominal and relied upon case laws i) M/s LGW Limited Vs ITO Ward 2(3) ITA No. 267/Kol/2013 (2015) ii) M/s John Fowler (India) Pvt. Ltd. Vs. Deputy Commissioner of Income

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

50C for the purpose of 22,50,00,000 Capital Gain b Deduction u/s 48 (i) Cost of acquisition with indexation 1,10,53,125 (ii) Cost of improvement with 7,72,61,368 indexation (iii) Expenditure wholly and exclusively 1,01,70,000 in connection with transfer Total Deductions 9,84,84,493 Long Term Capital Gains on sale