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7 results for “capital gains”+ Section 10(46)clear

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Key Topics

Section 2638Section 2507Section 50C6Section 485Capital Gains5Addition to Income5Section 964Section 143(3)4Section 10(37)4Section 144

SHARDINDU PRASAD SINGH,PATNA vs. ITO, WARD-6(4), PATNA

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

ITA 630/PAT/2024[2016-17]Status: DisposedITAT Patna15 Oct 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144Section 147Section 250Section 271(1)(c)

section 53A of the Transfer of Property Act, 1882 (4 of 1882) The appellant stated in his grounds of appeal that he did not receive the consideration with respect to the transaction. However, the receipt of consideration is irrelevant to arising of capital gains. What is material for Capital Gains is whether the possession of the asset in question

DHARMAVIR KUMAR,PATNA vs. DC/AC CIRCLE 4, PATNA

In the result, the appeal of the assessee is allowed for statistical purposes

3
Long Term Capital Gains3
Exemption2
ITA 70/PAT/2025[2016-17]Status: HeardITAT Patna09 Dec 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am Dharmavir Kumar Dc/Acit, Circle-4, C/O Naseeb Prasad, Income Tax Department, Lok Paithaninathpur,Narayan Chak, Nayak Jai Prakash Bhavan, New Vs. Phulwari. Dak Bunglow Road, Bihar-800002 Patna-800001, Bihar (Appellant) (Respondent) Pan No. Avzpk4382P Assessee By : Shri Sudeep Sinha, Ar Revenue By : Shri Md. A.H. Chowdhary, Dr Date Of Hearing: 26.11.2025 Date Of Pronouncement: 09.12.2025

For Appellant: Shri Sudeep Sinha, ARFor Respondent: Shri Md. A.H. Chowdhary, DR
Section 143(3)Section 263Section 48Section 49Section 50CSection 96

10(37) in the Act from 01.04.2005 to provide specific exemption to the capital gains arising to an Individual or a HUF from compulsory acquisition of an agricultural land situated in specified urban limit, subject to fulfilment of certain conditions. Therefore, compensation received from compulsory acquisition of an agricultural land is not taxable under the Act (subject to fulfilment

VISHWAMBHAR CHAUDHARI,KATIHAR vs. ITO, WARD-1(5), KATIHAR

In the result, the appeal of the assessee is allowed for statistical\npurposes

ITA 558/PAT/2022[2014-15]Status: DisposedITAT Patna04 Feb 2025AY 2014-15
Section 10(37)Section 234ASection 250Section 54F

capital gains on presumption and surmises. The case of the\nassessee has not been considered in proper perspective. The assessee duly\napprised to the department that the property sold was agricultural land and any\ngains on the same was exempt under provision of section 10(37) of the L. T. Act,\n1961. Before the department the assessee duly filed copy

ITO, WARD-4(1), PATNA vs. JAGDISH RAY, PATNA

In the result, the appeal of revenue-ITA No

ITA 102/PAT/2020[2014-15]Status: DisposedITAT Patna04 Jan 2023AY 2014-15
Section 10(37)Section 250Section 96

10(37) in the act from 01.04.2005 to provide specific' exemption to the capital gains arising to an individual or HUF from compulsory acquisition of an agricultural land situated in specified urban limit, subject to fulfillment of certain conditions. Therefore, compensation received from compulsory acquisition of an agricultural land is no taxable under the Act (Subject to fulfillment of certain

ASHA DEVI L/H OF LATE GYAN CHAND PRASAD,PATNA vs. PR.CIT-1, PATNA

In the result, the appeal of the assessee is allowed

ITA 66/PAT/2021[2016-17]Status: DisposedITAT Patna13 Feb 2024AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 10(37)Section 143(3)Section 263Section 3

46(1). The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("New Act of 2013") came into force from January, 2014 repealing the erstwhile Land Acquisition Act, 1894 ("LA Act 1894"). Section 24(2) of the 2013 Act. Retrospective Application: Provisions under the 2013 Act Section 24(1) of the 2013 Act provides that

MANOJ KUMAR,PATNA vs. ITO WARD 4(4), PATNA, PATNA

In the result, appeal of the assessee is allowed for statistical purposes

ITA 123/PAT/2025[2016-17]Status: DisposedITAT Patna20 Jan 2026AY 2016-17

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER SHRI SONJOY SARMA (Judicial Member)

For Respondent: Sh. Manab Adak, JCIT
Section 143(2)Section 250Section 46Section 548Section 54BSection 96

section 46 of the RFCTLARR Act says otherwise but the assessee unable to produce the requisite documents to justify the exemption as claimed by the assessee in his submission and grounds of appeal taken to the assessee. The ld. Counsel is also unable to demonstrate that the circular issued by the CBDT noted supra is squarely applicable 9. Considering

KIRAN JAISWAL,PATNA vs. ITO, WARD- 4(5), PATNA

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

ITA 255/PAT/2024[2014-15]Status: DisposedITAT Patna31 Dec 2024AY 2014-15
Section 143Section 147Section 148Section 250Section 54Section 69

capital gain merely on the ground that the appellant has sold land for Rs.31,25,000 the estimated cost of acquisition whereof would be Rs.2,46,000 notwithstanding the fact that the whole of the sale proceeds were invested in purchase of land and construction of residential house there on and that the same were specifically exempt under Section