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9 results for “capital gains”+ Section 2(1)(a)clear

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Key Topics

Section 14810Section 14A4Section 1434Section 2214Disallowance4Section 260A3Section 143(1)3Section 143(3)3Capital Gains3Addition to Income

M/S.SHEETAL REAL vs. INCOME TAX OFFICER

In the result, the appeal fails and the substantial questions of law

ITA/83/2010HC Orissa08 Feb 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 260ASection 372A

Section 2 of the Act, shares held for more than 12 months were long term capital assets giving rise to long term capital gains and those held for not more than 12 months were short term capital assets giving rise to short term capital gains and the assessee cannot be put to prejudice or faulted for availing exemption in accordance

3
Section 2602
Short Term Capital Gains2

PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S.S.C.PADHEE

Appeals are disposed of

ITA/3/2018HC Orissa23 Mar 2022

Bench: The Trial Court. I.E., Appellant No.1 As Accused No.1/Company & Appellant Nos.2 To 4 As Accused Nos. 2 To 4.

Section 140Section 143Section 156Section 208Section 221Section 276Section 278Section 421

capital gains. 4 iv) Accused No.1/Company is expected to pay the income tax either by way of advance tax as required under Section 208 of the Act or at least along with filing of returns in terms of Section 140-A of the Act. As per Section 143 (1) of the Act, the tax liability of Accused No.1 was arrived

PRINCIPAL COMMISSIONER OF INCOME TAX-1,BHUBANESWAR vs. SEKHAR KUMAR MOHAPATRA

ITA/9/2024HC Orissa15 Apr 2024

Bench: DR. JUSTICE B.R.SARANGI,MR. JUSTICE GOURISHANKAR SATAPATHY

For Appellant: Mr. Ajit Kumar, Sr. AdvocateFor Respondent: Mr. Prashant Vidyarthy, Sr. Panel Counsel
Section 164Section 42

1. The instant Appeal under Section 42 of the Prevention of Money Laundering Act, 2002 (in short “PMLA, 2002”) is directed against the final order dated 06.08.2024 passed by Learned Appellate Tribunal under SAFEMA at New Delhi in FPA-PMLA-2547/PTN/2018 in connection with O.C. No. 901 of 2018 whereby the First Appeal of the Appellant against the confirmation order

COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. M/S. ROLAND EDUCATIONAL AND CHARITABLE TRUST

ITA/25/2022HC Orissa09 Feb 2023

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Section 143(1)Section 143(3)Section 148

2. The principal question which stands posited for our consideration is whether the Assessing Officer3 was justified in invoking Section 148 of the Income Tax Act, 19614 basis the report which had been received from the Investigation Wing. The assessee appears to have principally asserted that this was clearly a case of “borrowed satisfaction” since full and true disclosures

PRINCIPAL COMMISSIONER OF INCOME TAX 1 vs. PARBATI MOHAPATRA

ITA/19/2022HC Orissa08 Feb 2023

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Section 143(1)Section 143(3)Section 148

2. The principal question which stands posited for our consideration is whether the Assessing Officer3 was justified in invoking Section 148 of the Income Tax Act, 19614 basis the report which had been received from the Investigation Wing. The assessee appears to have principally asserted that this was clearly a case of “borrowed satisfaction” since full and true disclosures

PRINCIPAL COMMISSIONER OF INCOME TAX,BHUBANESWAR vs. INDUSTRIAL DEVELOPMENT CORPORATION OF ORISSA LTD.

In the result, the appeal stands disposed of in terms of

ITA/33/2017HC Orissa14 Nov 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Section 115Section 115JSection 14Section 14ASection 260Section 45(2)

1. "Whether on the facts and in the circumstances of the case, the Tribunal is right in law in setting aside the disallowance of 3 expenditure of earning exempt income under Sec.14A of the Act by erroneously holding that no disallowance is called for under Section 14A of the Act by following earlier order which has not reached finality even

COMMISSIONER OF INCOME TAXEXEMPTIONS,HYDERABAD vs. SIKSHYA O ANUSANDHAN

The appeal stands dismissed

ITA/37/2018HC Orissa03 Jan 2023

Bench: : The Hon’Ble Justice T.S. Sivagnanam A N D The Hon’Ble Justice Hiranmay Bhattacharyya Date : February 15, 2022. [Via Video Conference] Appearance : Mr. Debasish Chowdhury, Adv. … For The Appellant Mr. R.K. Murarka, Sr. Adv. Ms. Sutapa Roy Choudhury, Adv. Ms. Aratrika Roy, Adv. … For The Respondent The Court : This Appeal By The Revenue Filed Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 3Rd May, 2017 Passed By The Income Tax Appellate Tribunal, “B” Bench, Kolkata (Tribunal) In

Section 14ASection 260ASection 73

Capital Gain of Rs.1,48,40,879/- instead of normal business income without considering the fact that frequency of transaction, non-maintenance of separate demat account of investment and for trading suggests that sale of shares are normal business income in nature? c) Whether on the facts and in the circumstances of the case the Learned Income Tax Appellate Tribunal

ACIT, CIRCLE 1(2) vs. M/S. SERAJUDDIN AND CO.

ITA/44/2022HC Orissa15 Mar 2023

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Bivas Pattanayak Date : 26Th July, 2022 Appearance :- Mr. Soumen Bhattacharjee, Adv. … For Appellant Mr. S.M. Surana, Adv. Mr. Bhaskar Sengupta, Adv. Md. Afzal Ansari, Adv. … For Respondent

Section 11Section 11(1)(a)Section 260A

2 The revenue has raised the following substantial questions of law for consideration. (i) Whether on the facts and the circumstances of the case, disallowance of Rs.2,84,67,351/- claimed towards depreciation. The Learned Income Tax Appellate Tribunal has relied on the decision of the Hon’ble High Court in the case of Siliguri Regulated Market Committee

NALCO vs. COMNR.OF INCOME TAX

ITA/133/2012HC Orissa09 May 2022

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 16Th January, 2024 Appearance : Sri Vipul Kundalia, Adv. Smt. Oindrilla Ghosal, Adv. ...For The Appellant. Sri J.P. Khaitan, Sr. Adv. Sri Sanjoy Bhaumik, Adv. Smt. Swapna Das, Adv. ...For The Respondent. 1. Heard Sri Vipul Kundalia, Learned Senior Standing Counsel For The Appellant/Revenue & Sri J.P. Khaitan, Learned Senior Advocate Assisted By Sri Sanjoy Bhaumik & Smt. Swapna Das, Learned Advocates For The Respondent/Assessee. 2. This Appeal Was Admitted By This Court By An Order Dated 30.11.2012 On The Following Substantial Questions Of Law: “1) Whether In View Of The Facts & Circumstances Of The Instant Case The Tribunal Erred By Not Considering That Subsides Which May Be Used Freely

Section 43(6)Section 89

1) Whether in view of the facts and circumstances of the instant case the Tribunal erred by not considering that subsides which may be used freely, are operational subsidies and not capital subsides and thus the same are taxable as revenue income? 2) Whether the Hon’ble ITAT has erred in law as well as on facts by deleting