BharatTax.net
SearchITATHigh CourtsSupreme CourtAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

37 results for “capital gains”+ Section 13(8)clear

Sorted by relevance

Mumbai2,397Delhi1,888Chennai684Bangalore538Ahmedabad482Jaipur476Hyderabad469Kolkata329Chandigarh268Pune243Indore233Raipur152Cochin150Surat140Nagpur128Visakhapatnam101Rajkot98Lucknow76Amritsar73Panaji58Dehradun38Guwahati37Patna37Cuttack37Agra33Ranchi33Jodhpur27Jabalpur21Allahabad13Varanasi6

Key Topics

Section 25034Addition to Income24Section 143(3)22Section 14720Section 14417Section 14816Section 153A15Section 54F9Capital Gains8Section 50C

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)

8. Ld. AO has erred in invoking section 2(47)(v), 45 and 48 of the I.T. Act, 1961 and section 53A of The Transfer of Property Act, 1882. On the facts and in the circumstances of the case, the learned Assessing Officer has erred in holding that the transfer of 55% of the Land in favour of the Developer

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Showing 1–20 of 37 · Page 1 of 2

7
Penalty7
Limitation/Time-bar7
ITA 183/PAT/2023[2015-16]Status: DisposedITAT Patna29 Jan 2025AY 2015-16

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

Section 133ASection 143(3)Section 148Section 153ASection 250

8 of 14 I.T.A. No.: 179 to 183/PAT/2023 Amar Kasera (HUF), AYs : 2011-12, 2013-14 to 2015-16 exempt from tax u/s. 10(38) of the Act. The assessment was carried out u/s. 143(3) of the Act. During the course of assessment, the Assessing Officer made specific queries relating to the aforesaid claim of capital gains. The assessee

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

ITA 179/PAT/2023[2011-12]Status: DisposedITAT Patna29 Jan 2025AY 2011-12

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

Section 133ASection 143(3)Section 148Section 153ASection 250

8 of 14 I.T.A. No.: 179 to 183/PAT/2023 Amar Kasera (HUF), AYs : 2011-12, 2013-14 to 2015-16 exempt from tax u/s. 10(38) of the Act. The assessment was carried out u/s. 143(3) of the Act. During the course of assessment, the Assessing Officer made specific queries relating to the aforesaid claim of capital gains. The assessee

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

ITA 181/PAT/2023[2014-15]Status: DisposedITAT Patna29 Jan 2025AY 2014-15

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

Section 133ASection 143(3)Section 148Section 153ASection 250

8 of 14 I.T.A. No.: 179 to 183/PAT/2023 Amar Kasera (HUF), AYs : 2011-12, 2013-14 to 2015-16 exempt from tax u/s. 10(38) of the Act. The assessment was carried out u/s. 143(3) of the Act. During the course of assessment, the Assessing Officer made specific queries relating to the aforesaid claim of capital gains. The assessee

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

ITA 182/PAT/2023[2015-16]Status: DisposedITAT Patna29 Jan 2025AY 2015-16

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

Section 133ASection 143(3)Section 148Section 153ASection 250

8 of 14 I.T.A. No.: 179 to 183/PAT/2023 Amar Kasera (HUF), AYs : 2011-12, 2013-14 to 2015-16 exempt from tax u/s. 10(38) of the Act. The assessment was carried out u/s. 143(3) of the Act. During the course of assessment, the Assessing Officer made specific queries relating to the aforesaid claim of capital gains. The assessee

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

ITA 180/PAT/2023[2013-14]Status: DisposedITAT Patna29 Jan 2025AY 2013-14

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

Section 133ASection 143(3)Section 148Section 153ASection 250

8 of 14 I.T.A. No.: 179 to 183/PAT/2023 Amar Kasera (HUF), AYs : 2011-12, 2013-14 to 2015-16 exempt from tax u/s. 10(38) of the Act. The assessment was carried out u/s. 143(3) of the Act. During the course of assessment, the Assessing Officer made specific queries relating to the aforesaid claim of capital gains. The assessee

ACIT, CIRCLE-4, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 94/PAT/2020[2012-13]Status: HeardITAT Patna07 Nov 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

13 6. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) quashing the order passed u/s 154 of the Act dated 24.02.2020 by the AO. 7. Facts in brief are that the assessment u/s 143(3) read with Section 147 of the Act was framed by the AO vide order dated

KUMAR ARUNOSAYA,PATNA vs. A.O., CIRCLE-6, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 33/PAT/2020[2013-14]Status: HeardITAT Patna07 Nov 2023AY 2013-14

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

13 6. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) quashing the order passed u/s 154 of the Act dated 24.02.2020 by the AO. 7. Facts in brief are that the assessment u/s 143(3) read with Section 147 of the Act was framed by the AO vide order dated

DCIT, CIRCLE-4, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 89/PAT/2020[2012-13]Status: HeardITAT Patna07 Nov 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

13 6. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) quashing the order passed u/s 154 of the Act dated 24.02.2020 by the AO. 7. Facts in brief are that the assessment u/s 143(3) read with Section 147 of the Act was framed by the AO vide order dated

KUMAR ARUNODAYA,PATNA vs. ASSISTANT COMMISSIONER OF INCOME TAX - 6, PATNA [NEW – DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, PATNA], PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 96/PAT/2021[2016-17]Status: HeardITAT Patna07 Nov 2023AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

13 6. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) quashing the order passed u/s 154 of the Act dated 24.02.2020 by the AO. 7. Facts in brief are that the assessment u/s 143(3) read with Section 147 of the Act was framed by the AO vide order dated

ACIT, CENTRAL CIRCLE-2, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 98/PAT/2021[2016-17]Status: HeardITAT Patna07 Nov 2023AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

13 6. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) quashing the order passed u/s 154 of the Act dated 24.02.2020 by the AO. 7. Facts in brief are that the assessment u/s 143(3) read with Section 147 of the Act was framed by the AO vide order dated

HARI NARAYAN GUPTA (HUF),PATNA vs. ITO, WARD- 6 (5), PATNA

In the result, the appeal of the assessee is allowed

ITA 384/PAT/2024[2011-12]Status: DisposedITAT Patna23 Feb 2026AY 2011-12
Section 133(6)Section 148Section 2(47)(v)Section 50C

13-02-2003], however,\nthe facts are distinguishable as in that case the substantial payments\nwere made at the time of execution of joint development agreement.\nAfter hearing the rival contentions and perusing the materials\navailable on record, we find that the assessee has entered into a\nLand Development Agreement with the builder as stated hereinabove\nand builder has been

VINOD YADAV,PATNA vs. ITO, WARD- 6 (3), PATNA

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

ITA 398/PAT/2025[2014-15]Status: DisposedITAT Patna23 Feb 2026AY 2014-15
For Appellant: Shri Mahendra Chowdhary, ARFor Respondent: Shri Ashwani Kr. Singal, DR
Section 133(6)Section 147Section 148Section 2(47)(ii)Section 50CSection 53A

13-02-2003], however, the\nfacts are distinguishable as in that case the substantial payments were\nmade at the time of execution of joint development agreement.\n2.2. After hearing the rival contentions and perusing the materials\navailable on record, we find that the assessee has entered into a Land\nDevelopment Agreement with the builder as stated hereinabove and\nbuilder

SANJIV KUMAR SINGH,HATHINI vs. NFAC, NEW DELHI

ITA 323/PAT/2023[2020-2021]Status: DisposedITAT Patna31 Dec 2024AY 2020-2021

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 323/Pat/2023 Assessment Year: 2020-2021 Sanjiv Kumar Singh,………………...…………Appellant 23 S/O. Barhma Singh, At Po Hathni, Rohitas-802215, Bihar [Pan:Bmsps6887A] -Vs.- Income Tax Officer,…..………………………...Respondent Nfac, New Delhi Appearances By: Smt. Smriti Singh, A.R., Appeared On Behalf Of The Assessee Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: December 03, 2024 Date Of Pronouncing The Order: December 31, 2024 O R D E R

Section 144Section 144BSection 50CSection 50C(2)

13,60,000/- by invoking section 50C of the Act on account of capital gain. (7) For that the Ld. CIT(A) has failed to appreciate that the A.O. has not made any reference to the valuation officer as per mandate of law contained in Section 50C(2). (8

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

8. ITA No.102/Pat/20 AY 2014-15 & CO No.01/Pat/2021 (ITA No. 102/Pat/20) AY 2014-15 Jagdish Ray Under the existing provisions of the Income Tax Act, 1961 an agricultural land which is not situated in specified urban area is not regarded as a capital asset. Hence, capital gain arising from the transfer (including compulsory acquisition) of such agricultural land

BAIJU ROY,PATNA vs. ITO, WARD-4(2), PATNA

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

ITA 13/PAT/2022[2016-17]Status: DisposedITAT Patna02 Jun 2023AY 2016-17

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 10(37)Section 133(6)Section 2(14)(iii)Section 45(5)Section 54BSection 54F

8 km. is being measured from the Notification of the Income Tax Authorities. These factors have not been looked into. The ld. Assessing Officer further observed that the assessee has claimed exemption under sections 54B and 54F, but he has not dealt with those claims. He has not granted the opportunities to the assessee for submission of these evidences

DOLLY GHOSH,BHAGALPUR vs. ACIT CENTRAL CIRCLE 1 PATNA, PATNA

In the result, the appeal of the assessee is allowed

ITA 182/PAT/2022[2012-13]Status: DisposedITAT Patna08 Oct 2024AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 234ASection 269SSection 269TSection 271DSection 271E

capital gains chargeable under section 45; (vii) the profits and gains of any business of insurance carried on by a mutual insurance company or by a co- operative society, computed in accordance with section 44 or any surplus taken to be such profits and gains by virtue of provisions contained in the First Schedule; (viia) the profits and gains

PANCHAM PAL,PATNA vs. I.T.O, WARD- 6 (4), PATNA

ITA 7/PAT/2025[2016-17]Status: DisposedITAT Patna02 May 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 147Section 250Section 250(6)

8. For that the Ld. CIT(A), NFAC has violated the mandatory provision of law by not uploading the notices on ITBA Portal and sending the notices through email and thereby alleging non-compliance on the part of the appellant 9. For that the appellant is prevented by sufficient and reasonable cause in not making compliance resulting into ex-parte

AJAY KUMAR,PATNA vs. ITO, WARD- 6 (3), PATNA, PATNA

ITA 392/PAT/2024[2014-15]Status: DisposedITAT Patna21 Feb 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144Section 147Section 156Section 250Section 271(1)(C)

8. For that on the facts and circumstances of the case the Assessing Officer has failed to appreciate that the Developer was to give residential flats as per the Agreement which qualifies for deduction u/s 54F of the IT Act, 1961 from deemed Long Term Capital Gains. I.T.A. No.: 392/PAT/2024 Assessment Year: 2014-15 Ajay Kumar. 9. For that

ACIT, PATNA vs. NEW ERA SOCIAL DEVELOPMENT WELFARE SOCIETY, PATNA

Appeal is treated as allowed for statistical purposes

ITA 296/PAT/2023[2017-18]Status: DisposedITAT Patna04 Feb 2025AY 2017-18
Section 10Section 11Section 12Section 12ASection 12A(1)(b)Section 139(1)Section 144Section 2Section 250Section 288

13(10) of the Act deserves to be extracted: “[10) Where the provisions of sub-section (8) are applicable to any trust or institution or it violates the conditions specified under clause (b) or clause (ba) of sub-section (1) of section 12A, its income chargeable to tax shall be computed after allowing deduction for the expenditure (other than capital