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.

13 results for “capital gains”+ Section 36clear

Sorted by relevance

Mumbai1,736Delhi1,123Chennai437Ahmedabad336Bangalore332Jaipur310Hyderabad227Kolkata190Chandigarh188Indore125Raipur111Pune110Cochin98Nagpur81Surat59Amritsar55Rajkot47Lucknow47Visakhapatnam43Panaji33Guwahati31Cuttack20Jodhpur17Agra15Dehradun13Patna13Jabalpur9Ranchi8Allahabad8Varanasi6

Key Topics

Section 26316Section 143(3)13Section 10(38)13Section 54F10Section 2508Exemption8Section 1487Addition to Income6Section 1475Section 143(2)

DIPAK KUMAR SINGH & SONS HUF,PATNA vs. INCOME TAX OFFICER WARD 6(2), PATNA

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

ITA 647/PAT/2024[2015-16]Status: DisposedITAT Patna20 Jan 2025AY 2015-16

Bench: the Ld. CIT(A), the assessee claimed that the delay was on account of ignorance of law and the assessee was alerted for filing the appeal only when they received a notice proposing levy of penalty u/s 271(1)(c) of the Act. Thereafter, the Ld. CIT(A) has discussed the issue of delayed filing with the help of several authorities on the subject and has declined to condone the said delay due to which the appeal was dismissed. 3.1 Further aggrieved with the action of Ld. CIT(A), the assessee is

Section 144Section 147Section 148Section 250Section 271(1)(c)Section 45Section 54F

section 144 of the Act. Through this order, he assessed long term capital gains of Rs. 36,76,169/-. Aggrieved

5
Long Term Capital Gains4
Capital Gains4

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

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

36 Dt.2S.10.2016 of CBDT and decided -that the case of the Appellant/Assessee is covered under Section 10(37) of the Income Tax Act, 1961 as acquired landed property was agriculture land besides application of Section 96 of the RFCTLAAR Act, 2013 as referred in the said Circular No.36. 3. For that the Second ground of appeal is contrary in itself

SHRI KANT MISHRA,BUXAR vs. ITO, WARD-1(5), BUXAR

In the result, the appeals of the assessee are allowed

ITA 17/PAT/2021[2015-16]Status: DisposedITAT Patna15 Oct 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Shri Kant Mishra Income Tax Officer Maha Laxmi Steel Ward-1(5) Vs. Station Road, Buxar-802101 Buxar, Bihar (Appellant) (Respondent) Pan No. Afipm0714N Brij Kumar Mishra Plot No. 36, Gajadhar Ganj, Ram Ito, Ward-1(5) Bagh, Buxar, Buxar, Bihar, Buxar, Buxar, Bihar Vs. 802101 (Appellant) (Respondent) Pan No.Afipm0712L Ajeet Kumar Mishra Ito, Ward-1(5) Buxar, Bihar, 802101 Buxar, Buxar, Bihar Vs. (Appellant) (Respondent) Pan No. Afipm0713M Arun Kumar Mishra Opp. Mahatma Gandhi Magar, Ito, Ward-1(5) Bazar Samity, Rambagh, Buxar, Buxar, Buxar, Bihar Vs. Buxar, Bihar, 802101 (Appellant) (Respondent) Pan No. Afipm0716Q Assessee By : Shri Sudipta Sannigrahi, Ar Revenue By : Shri Rajat Datta, Dr Date Of Hearing: 29.07.2025 Date Of Pronouncement: 15.10.2025

For Appellant: Shri Sudipta Sannigrahi, ARFor Respondent: Shri Rajat Datta, DR
Section 10(38)Section 143(2)Section 143(3)Section 263

capital gain of ₹36,60,028/- from sale of equity shares. The learned PCIT further noted that no documents or relevant papers were found /placed in the assessment records in respect of sale and purchase of the said shares. The learned PCIT noted that during the assessment proceedings, the learned AO has not called for the supporting evidences and papers

AJEET KUMAR MISHRA,BUXAR vs. PR.CIT-1, PATNA

In the result, the appeals of the assessee are allowed

ITA 20/PAT/2021[2015-16]Status: DisposedITAT Patna15 Oct 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Shri Kant Mishra Income Tax Officer Maha Laxmi Steel Ward-1(5) Vs. Station Road, Buxar-802101 Buxar, Bihar (Appellant) (Respondent) Pan No. Afipm0714N Brij Kumar Mishra Plot No. 36, Gajadhar Ganj, Ram Ito, Ward-1(5) Bagh, Buxar, Buxar, Bihar, Buxar, Buxar, Bihar Vs. 802101 (Appellant) (Respondent) Pan No.Afipm0712L Ajeet Kumar Mishra Ito, Ward-1(5) Buxar, Bihar, 802101 Buxar, Buxar, Bihar Vs. (Appellant) (Respondent) Pan No. Afipm0713M Arun Kumar Mishra Opp. Mahatma Gandhi Magar, Ito, Ward-1(5) Bazar Samity, Rambagh, Buxar, Buxar, Buxar, Bihar Vs. Buxar, Bihar, 802101 (Appellant) (Respondent) Pan No. Afipm0716Q Assessee By : Shri Sudipta Sannigrahi, Ar Revenue By : Shri Rajat Datta, Dr Date Of Hearing: 29.07.2025 Date Of Pronouncement: 15.10.2025

For Appellant: Shri Sudipta Sannigrahi, ARFor Respondent: Shri Rajat Datta, DR
Section 10(38)Section 143(2)Section 143(3)Section 263

capital gain of ₹36,60,028/- from sale of equity shares. The learned PCIT further noted that no documents or relevant papers were found /placed in the assessment records in respect of sale and purchase of the said shares. The learned PCIT noted that during the assessment proceedings, the learned AO has not called for the supporting evidences and papers

BRIJ KUMAR MISHRA,BUXAR vs. ITO, WARD-1(5), BUXAR

In the result, the appeals of the assessee are allowed

ITA 18/PAT/2021[2015-16]Status: DisposedITAT Patna15 Oct 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Shri Kant Mishra Income Tax Officer Maha Laxmi Steel Ward-1(5) Vs. Station Road, Buxar-802101 Buxar, Bihar (Appellant) (Respondent) Pan No. Afipm0714N Brij Kumar Mishra Plot No. 36, Gajadhar Ganj, Ram Ito, Ward-1(5) Bagh, Buxar, Buxar, Bihar, Buxar, Buxar, Bihar Vs. 802101 (Appellant) (Respondent) Pan No.Afipm0712L Ajeet Kumar Mishra Ito, Ward-1(5) Buxar, Bihar, 802101 Buxar, Buxar, Bihar Vs. (Appellant) (Respondent) Pan No. Afipm0713M Arun Kumar Mishra Opp. Mahatma Gandhi Magar, Ito, Ward-1(5) Bazar Samity, Rambagh, Buxar, Buxar, Buxar, Bihar Vs. Buxar, Bihar, 802101 (Appellant) (Respondent) Pan No. Afipm0716Q Assessee By : Shri Sudipta Sannigrahi, Ar Revenue By : Shri Rajat Datta, Dr Date Of Hearing: 29.07.2025 Date Of Pronouncement: 15.10.2025

For Appellant: Shri Sudipta Sannigrahi, ARFor Respondent: Shri Rajat Datta, DR
Section 10(38)Section 143(2)Section 143(3)Section 263

capital gain of ₹36,60,028/- from sale of equity shares. The learned PCIT further noted that no documents or relevant papers were found /placed in the assessment records in respect of sale and purchase of the said shares. The learned PCIT noted that during the assessment proceedings, the learned AO has not called for the supporting evidences and papers

ARUN KUMAR MISHRA,BUXAR vs. PR.CIT-1, PATNA

In the result, the appeals of the assessee are allowed

ITA 21/PAT/2021[2015-16]Status: DisposedITAT Patna15 Oct 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Shri Kant Mishra Income Tax Officer Maha Laxmi Steel Ward-1(5) Vs. Station Road, Buxar-802101 Buxar, Bihar (Appellant) (Respondent) Pan No. Afipm0714N Brij Kumar Mishra Plot No. 36, Gajadhar Ganj, Ram Ito, Ward-1(5) Bagh, Buxar, Buxar, Bihar, Buxar, Buxar, Bihar Vs. 802101 (Appellant) (Respondent) Pan No.Afipm0712L Ajeet Kumar Mishra Ito, Ward-1(5) Buxar, Bihar, 802101 Buxar, Buxar, Bihar Vs. (Appellant) (Respondent) Pan No. Afipm0713M Arun Kumar Mishra Opp. Mahatma Gandhi Magar, Ito, Ward-1(5) Bazar Samity, Rambagh, Buxar, Buxar, Buxar, Bihar Vs. Buxar, Bihar, 802101 (Appellant) (Respondent) Pan No. Afipm0716Q Assessee By : Shri Sudipta Sannigrahi, Ar Revenue By : Shri Rajat Datta, Dr Date Of Hearing: 29.07.2025 Date Of Pronouncement: 15.10.2025

For Appellant: Shri Sudipta Sannigrahi, ARFor Respondent: Shri Rajat Datta, DR
Section 10(38)Section 143(2)Section 143(3)Section 263

capital gain of ₹36,60,028/- from sale of equity shares. The learned PCIT further noted that no documents or relevant papers were found /placed in the assessment records in respect of sale and purchase of the said shares. The learned PCIT noted that during the assessment proceedings, the learned AO has not called for the supporting evidences and papers

PRAMOD KUMAR,PATNA vs. ITO WARD- 6(5), PATNA

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

ITA 77/PAT/2023[2013-14]Status: DisposedITAT Patna31 May 2023AY 2013-14

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

Section 144Section 48Section 50C

section 50C of the act when the consideration for transfer of property was indeterminate. (v) That the Id CIT(A), NFAC, Delhi erred in determining the consideration for transfer of the basis of notional figure. (vi) The Id CIT(A], NFAC, Delhi erred in computing the capital gain on the basis of such notional value as determined

SUNIL KUMAR SINGH,PATNA vs. ITO, WARD- 6 (1), PATNA

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

ITA 390/PAT/2025[2018-19]Status: DisposedITAT Patna15 Jan 2026AY 2018-19

Bench: the sale of immovable properties on which long term capital gain was derived.

Section 250Section 251(2)Section 3Section 54BSection 54F

capital gain. 9. For that the Ld. CIT(A), NFAC has erred in upholding addition of Rs.2,05,609/-being the difference between cost of acquisition of the property as per Rol amounting to Rs. 14.42 lakhs vis-a-vis Rs. 12,36,730/- without appreciating the fact that the claim of Rs.12.36 lakhs as per circle rate of F.Y.2001-02

PRABHU DAYAL BHARTIYA ,PATNA vs. DC/AC CIRCLE-4, PATNA, PATNA

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

ITA 372/PAT/2025[2013-14]Status: DisposedITAT Patna15 Oct 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.372/Pat/2025 Assessment Year: 2013-14 Prabhu Dayal Bhartiya (Huf)….………. …………………....Appellant 701, Shanti Kunj, Chajjubagh, Patna, Bihar- 800001.. [Pan: Aachp7738Q] Vs. Dc/Ac, Circle-4, Patna…....…..……………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 15, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Is Directed By The Assessee Against The Order Dated 16.07.2025 Passed By The Nfac Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee, A Hindu Undivided Family (Huf), Filed Its Return Of Income For The Assessment Year 2013– 14 Declaring A Total Income Of ₹6,120/-. The Case Was Reopened Under Section 147 Of The Income-Tax Act, 1961 On The Basis Of Information Received From The Investigation Wing That The Assessee Was A Beneficiary Of Accommodation Entries In The Form Of Long-Term Capital Gains (Ltcg) From The Sale Of Shares Amounting To ₹55,16,804/- Received From M/S. Aayan Commercial Pvt. Ltd. & Its Associate Concerns. It

Section 10(38)Section 147Section 148Section 250Section 68

Capital Gains (LTCG) from the sale of shares amounting to ₹55,16,804/- received from M/s. Aayan Commercial Pvt. Ltd. and its associate concerns. It I.T.A. No.372/Pat/2025 Prabhu Dayal Bhartiya (HUF) was further reported that the assessee had claimed exemption of ₹36,95,540/- under section

ALOK KUMAR,MADHEPURA vs. ITO WARD 3(5), SAHARSA

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

ITA 467/PAT/2024[2012-13]Status: DisposedITAT Patna19 Nov 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraalok Kumar, Ito Ward-3(5), S/O Sri Dasrath Mehata, Saharsha Village- Ganeshpur, M.S. Vs Yogiraj, Purani Madhepura, Dist- Madhepura – 852116 (Bihar) (Pan: Bpkpk1186D) (Appellant) (Respondent) Present For: Appellant By : K.P. Jalan, Ar Respondent By : Ashwani Kr. Singal, Jcit Date Of Hearing : 16.10.2025 Date Of Pronouncement : 19.11.2025 O R D E R Per Rakesh Mishra: This Appeal Filed By The Assessee Is Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld. Cit(A) Dated 14.05.2024. 2 Alok Kumar, Ay: 2012-13 2. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

For Appellant: K.P. Jalan, ARFor Respondent: Ashwani Kr. Singal, JCIT
Section 147Section 148Section 2Section 292BSection 54F

36,810.00. 02. For that the Ld. CIT(A) has erred in passing order dismissing the appeal without merit and without affording proper opportunity of being heard to the appellant and had violated the principles of equity, natural justice and fair play which requires proper and adequate opportunity of being heard. 03. For that the appellant is working as govt

ITO, WARD-2(1), PATNA vs. M/S SUN COMTECH PVT LTD, PATNA

In the result, the appeal filed by the Revenue is allowed

ITA 108/PAT/2020[2011-12]Status: DisposedITAT Patna24 Jun 2025AY 2011-12

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 143(3)Section 148Section 250

capital gains but is a business transaction. The counter party are the same and the Ld. AO is only taking the loss and not the profit but the profit is higher than the loss. It was stated that the net profit of ₹14,79,589/- is already accounted for. The assessee traded in Jute, Copper, Aluminium, Nickel and Zinc

MASUDAN TANTI,BHAGALPUR vs. CIT, NFAC, DELHI

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

ITA 29/PAT/2023[2013-14]Status: DisposedITAT Patna22 Jul 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2013-14

For Appellant: Shri R. N. Bedi, CAFor Respondent: Dr. Lalita Kumari, Sr. DR
Section 142(1)Section 147Section 148Section 250Section 44

36 read as under: “1. The Learned CIT(A) has also passed the order in ad hoc manner without going in details of our submission. The Learned ACIT (NFAC) has been pleased to complete the Assessment on u/s 147 r.w.s. 144 by making addition of Rs.1,06,23,768/- mere conjecturers & Surmises. The Appellant is seriously aggrieved with the order