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9 results for “capital gains”+ Section 5clear

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Key Topics

Section 14810Section 1434Section 2214Capital Gains4Section 14A3Section 143(1)3Section 143(3)3Disallowance3Addition to Income3Section 260

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

5. Aggrieved by such order, the assessee preferred appeal before the Tribunal. The assessee contended that during the year under consideration the assessee had disclosed the total capital gains of Rs. 4,51,37,343/- which included long term capital gains of Rs. 4,32,09,144/- and short-term capital gain of Rs. 19,28,199/- that the assessee

2
Section 45(2)2
Long Term Capital Gains2

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

Section 164 Cr. P.C., as an accused). The investigation further revealed that Dr. Pradeep Kumar also held sensitive and important post during the period November 2000 to August 2009 and was found in possession of pecuniary resources, or property, disproportionate to his known source of income. He had acquired assets either in his own name or in the name

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 vs. M/S. KNSD ENTERPRISES PVT. LTD.

ITA/9/2022HC Orissa08 Feb 2023

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

Section 5

capital gains is Rs.3,35,491/- which was claimed as exemption from tax. Though it is right that we have allowed a batch of appeals by revenue, yet while considering an application under Section 5

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

capital gain from sale of cars would qualify for exemption under section 11(1A) of the Act since the tax effect on this issue is less than the threshold limit? (iii) Whether disallowance of exemption under section 11(1)(a) on administrative and establishment expenses of Rs.3,54,12,977/-. On this issue, the department has accepted the decision

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

5. We note that undisputedly this was not a case emanating from a scrutiny assessment that may have been undertaken by virtue of Section 143(3) of the Act. The AO, while invoking Section 148, had recorded the following reasons for reopening: “M/s. Ganesh Ganga Investments Pvt. Ltd., PAN AAACG2710J A.Y. 2010-11 The assessee filed return of income

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

5. We note that undisputedly this was not a case emanating from a scrutiny assessment that may have been undertaken by virtue of Section 143(3) of the Act. The AO, while invoking Section 148, had recorded the following reasons for reopening: “M/s. Ganesh Ganga Investments Pvt. Ltd., PAN AAACG2710J A.Y. 2010-11 The assessee filed return of income

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)

Section 45(2) and also that the Bank had no working regarding deprecated value of assets and capital gains on sale of such assets? 3. "Whether on the facts and in the circumstances of the case, the Tribunal is right in law in setting aside the addition made in respect of realization of assets of erstwhile Lakshmi Commercial Bank

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

5. Learned senior standing counsel for the revenue has submitted that the compensation paid by the assessee to land owners for damage caused to the surface of the land falling in mining lease area for carrying out mining operation or allied activity, is a capital expenditure and not a business expenditure and the CIT(A) has committed a manifest error