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13 results for “capital gains”+ Section 41(4)clear

Sorted by relevance

Mumbai1,338Delhi928Chennai351Jaipur247Ahmedabad233Bangalore230Hyderabad208Chandigarh173Kolkata119Indore115Raipur103Cochin91Pune82Surat67Nagpur48Lucknow37Rajkot34Panaji31Guwahati25Amritsar24Visakhapatnam21Cuttack19Patna13Dehradun11Jodhpur10Agra8Jabalpur6Allahabad6Ranchi5Varanasi5

Key Topics

Section 143(3)11Section 1479Addition to Income9Section 2508Section 1488Section 235Section 1444Section 133(6)4Section 143(2)3Capital Gains

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

4,24,41,600/- which was revised by the assessee declaring total income of Rs. 2,49,73,811/-. The said revision was done in order to reduce the claim u/s 54EC and 54F against the declared long term capital gain on certain long term gain during the course of assessment proceedings. The AO observed that the assessee has taken

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

3
Penalty2
Reopening of Assessment2
ITA 89/PAT/2020[2012-13]Status: Heard
ITAT Patna
07 Nov 2023
AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

4,24,41,600/- which was revised by the assessee declaring total income of Rs. 2,49,73,811/-. The said revision was done in order to reduce the claim u/s 54EC and 54F against the declared long term capital gain on certain long term gain during the course of assessment proceedings. The AO observed that the assessee has taken

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

4,24,41,600/- which was revised by the assessee declaring total income of Rs. 2,49,73,811/-. The said revision was done in order to reduce the claim u/s 54EC and 54F against the declared long term capital gain on certain long term gain during the course of assessment proceedings. The AO observed that the assessee has taken

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

4,24,41,600/- which was revised by the assessee declaring total income of Rs. 2,49,73,811/-. The said revision was done in order to reduce the claim u/s 54EC and 54F against the declared long term capital gain on certain long term gain during the course of assessment proceedings. The AO observed that the assessee has taken

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

4,24,41,600/- which was revised by the assessee declaring total income of Rs. 2,49,73,811/-. The said revision was done in order to reduce the claim u/s 54EC and 54F against the declared long term capital gain on certain long term gain during the course of assessment proceedings. The AO observed that the assessee has taken

HARIHAR PRASAD,PATNA vs. ITO WARD 4 (4), PATNA

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

ITA 268/PAT/2023[2017-18]Status: DisposedITAT Patna20 Nov 2025AY 2017-18

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(2)Section 143(3)Section 250Section 54BSection 54FSection 96

section 250 of the Income Tax Act. 3. For that the computation of capital gain and levy of tax against the appellant of Rs.2,41,50,000/- is bad and illegal in view of the fact that as per the notification/press release issued by the executive engineer, PWD, Hilsa, Nalanda, the land in question was of agriculture i.e., Dhanhar

KAMLESH KUMAR,PATNA vs. ITO WARD- 6 (4), PATNA

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

ITA 147/PAT/2025[2015-16]Status: DisposedITAT Patna07 Aug 2025AY 2015-16
Section 144Section 250

Capital Gain as assumed, ascertained\nand computed hypothetically by the Ld. A.O. could not be brought to tax\nU/Sec. 45 r.w.s. 48 of the Income - tax Act, 1961.\n11. It is further submitted that all these detailed submissions were made\nbefore the learned CIT(A), however, the learned CIT(A) has failed to\nappreciate the facts of the case

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

41 or section 59; (va) any sum chargeable to income-tax under clause (iiia) of section 28; (vb) any sum chargeable to income-tax under clause (iiib) of section 28; 8 Assessment Year: 2012-2013 Dolly Ghosh (vc) any sum chargeable to income-tax under clause (iiic) of section 28; (vd) the value of any benefit or perquisite taxable under

SHIVAM ANAND,PATNA vs. ITO, WARD 6(5), PATNA

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

ITA 271/PAT/2023[2011-12]Status: DisposedITAT Patna25 Sept 2024AY 2011-12

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

Section 133(6)Section 144Section 147Section 148Section 250Section 271(1)(c)Section 48Section 53A

Section 48 of the Act held that the balance tax payable against the assessee is at Rs. 8,49,509/-. A penalty proceeding u/s 271(1)(c) of the Act has also been initiated. The said order has been challenged by the assessee before the ld. CIT(A) wherein appeal of the assessee has been dismissed as there

SUDHIR KUMAR TULI,BIHAR vs. INCOME TAX OFFICER, BIHAR

ITA 173/PAT/2025[2014-15]Status: DisposedITAT Patna23 Oct 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.173/Pat/2025 Assessment Year: 2014-15 Sudhir Kumar Tuli..……………..………. …………………....Appellant B-12, Anjali Apartment Boring Road Behind Alankar Place, Patna - 800001. Bihar.. [Pan: Actpt9461D] Vs. Ito, Patna ………….......…..……………..………………….…..... Respondent Appearances By: Shri Kaushal Kr. Ar, ., Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 13, 2025 Date Of Pronouncing The Order : October 23, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.02.2025 Of The Learned Cit(A), Nfac Relating To The Assessment Year 2014–15. 2. Brief Facts Of The Case Are That The Assessee Had Entered Into A Land Development Agreement With A Builder For Development Of His Land. As Per The Terms Of The Agreement, No Monetary Consideration Was To Be Received By The Assessee Except For Three Residential Flats To Be Allotted To Him Upon Completion Of The Project. The Builder, After Development, Was To Become The Absolute Owner Of His Share In The Project & Would Thereafter Be Entitled To Enter Into Agreements For Sale In Respect Of Such Share. During The Course Of Proceedings, In Response To A Notice Issued

Section 133(6)Section 143(2)Section 144

capital gain (LTCG) at ₹41,50,114/- and adding the same to the total income of the assessee. 3. Aggrieved, the assessee filed an appeal before the learned CIT(A). It was contended that due opportunity was not provided during assessment proceedings and that the assessment made under Section 144/147 was not justified, as the notice under Section

PUNRASAR JUTE PARK LIMITED,PURNEA vs. CIT, PURNEA

In the result, the appeal of the assessee is allowed

ITA 432/PAT/2024[2015-16]Status: DisposedITAT Patna05 Sept 2024AY 2015-16

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

Section 133(6)Section 142(1)Section 142(2)Section 143(1)Section 143(3)Section 147Section 148

41,773/-. After the case being processed under section 143(1) of the Act, it was selected for limited scrutiny for two reasons- (i) sales turnover mismatch; (ii) unsecured loans and the same was followed by issuance of valid notices under sections 143(2) and 142(1) of the Act. During the course of assessment proceedings, ld. Assessing Officer asked

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

41 PM SELL 1 114.25 5000 571250.00 0 ZINC FUTURES 21/03/2011 03:57:32 PM SELL 1 113.65 5000 568250.00 0 ZINC FUTURES 21/03/2011 03:58:50 PM SELL 10 113.20 5000 5660000.00 2 ZINC FUTURES 21/03/201103:59:16 PM SELL 11 113.20 5000 6226000.00 13 ZINC FUTURES 21/03/2011 03:59:55 PM SELL 5 113.20 5000 2830000.00 1 ZINC

DILIP KUMAR SINGH AND SONS,PATNA vs. INCOME TAX OFFICER WARD 4(1), PATNA

The appeal of the assessee is allowed for statistical purposes

ITA 312/PAT/2024[2015-16]Status: DisposedITAT Patna19 Dec 2024AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.312/Pat/2024 Assessment Year: 2015-16 Dilip Kumar Singh & Sons….. ……..……………………....Appellant C/O Dilip Kr. Singh, East Lohanipur, Pustakalaya Lane, Kadamkuan, Patna- 800003. [Pan: Aaihd8902J] Vs. Ito, Ward-4(1), Patna……. ….…….…............................…..…..... Respondent Appearances By: Shri D. V. Pathy, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : December 19, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 01.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Care Are That The Assessee Entered Into A Land Development Agreement With M/S Sankalp Construction During The Relevant Assessment Year. The Assessing Officer Noticed That As Per The Agreement, The Total Value Of Land Was Rs.4,41,14,025/- & The Value Of Share Owned By The Assessee At One Sixth Share Of 50% Of Land Owned By The Assessee Which Stands At Rs.36,76,169/-. On Perusal Of Records, The Assessing Officer Found That The Assessee Has Not Filed Any Return Of Income Nor Made Any Compliance, Therefore, He Issued Notice U/S 148

Section 144Section 148Section 249(2)Section 250Section 250(6)

41,14,025/- and the value of share owned by the assessee at one sixth share of 50% of land owned by the assessee which stands at Rs.36,76,169/-. On perusal of records, the Assessing Officer found that the assessee has not filed any return of income nor made any compliance, therefore, he issued notice u/s 148 I.T.A. No.312/Pat/2024