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5 results for “capital gains”+ Section 30clear

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Key Topics

Section 14810Section 1434Section 2214Section 143(1)3Section 143(3)3Section 260A2Section 1402Short Term Capital Gains2Capital Gains2

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

Reassessment2
Reopening of Assessment2

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

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

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

30 January 2024 on the following questions of law:- “(a) Whether examination and analysis of information received from Investigation Wing and co-relating it with the record available with the Assessing Officer [„AO’] is not sufficient application of mind by the AO to issue notice under Section 148 of the Income Tax Act, 1961 ["Act"]? (b) Whether the remark

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

30 January 2024 on the following questions of law:- “(a) Whether examination and analysis of information received from Investigation Wing and co-relating it with the record available with the Assessing Officer [„AO’] is not sufficient application of mind by the AO to issue notice under Section 148 of the Income Tax Act, 1961 ["Act"]? (b) Whether the remark