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16 results for “capital gains”+ Section 54(2)clear

Sorted by relevance

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Key Topics

Section 25020Section 14415Section 1489Capital Gains9Addition to Income9Section 143(2)6Section 1476Section 50C6Section 54F5Section 271(1)(c)

AMIT KUMAR VERMA,PATNA vs. ITO, WARD- 6(1), PATNA

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

ITA 357/PAT/2023[2015-16]Status: DisposedITAT Patna04 Dec 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144Section 147Section 148Section 234ASection 250Section 271(1)(c)

2(47)(v), 45 and 48 of the Act. Therefore, the taxable capital gain and taxes to be paid thereon was worked out in details by the AO as per the provisions of the Act, in the absence of any cogent explanation in support of appellant's claim, completed the assessment u/s. 144 r.w.s147 of the Act. 6.1 The appellant

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

5
Natural Justice5
Penalty5

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 50C of the income Tax Act, 1961 nor they are otherwise attracted in the present case. 16. Ld. AO has erred in determining LTCG at 1,24,95,128/- as against value of land of 54,40,000/- as on date of agreement. 17. Ld. AO has failed to consider that the capital gain pursuant to development agreement will

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

capital gains on transfer of land without allowing any cost of acquisition and the total income of the assessee was assessed at ₹2,47,38,940/- u/s 143(3) of the Act. Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A), who perused the assessment order, has reproduced the provisions of sections 54

RENU DEVI,PATNA vs. ITO, PATNA

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

ITA 672/PAT/2024[2016-17]Status: DisposedITAT Patna25 Aug 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 672/Pat/2024 Assessment Year: 2016-2017 Renu Devi,……………………………....….………Appellant D/79, P.C. Colony, Lohia Nagar, Kankarbagh, Patna-800020, Bihar [Pan:Algpd4522P] -Vs.- Income Tax Officer,………………………...…….Respondent Ward-6(2), Patna Appearances By: Shri Sudipta Sannigrahi, C.A., Appeared On Behalf Of The Assessee Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: June 24, 2025 Date Of Pronouncing The Order: August 25, 2025 O R D E R

Section 144Section 148Section 2(47)(v)Section 271(1)(c)Section 45Section 48

capital gain based on presumption only. For that, on the fact & circumstances of the case, the learned (5) Addl/JCIT(A) has erred in Law and on facts and completely in 4 Renu Devi providing a beneficial construction of Section 2(47) and Interpreted in a manner prejudicial to the interest of the Assessee. (6) For that, on the fact & circumstances

SEEMA SRIVASTAVA,PATNA vs. ITO,DC/AC-6, PATNA, PATNA

In the result, the appeal is dismissed

ITA 715/PAT/2024[2017-18]Status: DisposedITAT Patna06 Jun 2025AY 2017-18

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115BSection 142(1)Section 143(2)Section 143(3)Section 144Section 250Section 250(2)Section 48Section 54Section 54F

section 144 in last para of the assessment order appears to be an inadvertent mistake which needs to be ignored. Therefore, this ground is dismissed. 6.1 Ground Nos. 2 & 3 pertain to addition of Rs. 2,58,34,383/- as long term capital gain by disallowing the claim of deduction u/s 54

LALMUNI DEVI,PATNA vs. ITO, PATNA

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

ITA 18/PAT/2025[2013-14]Status: DisposedITAT Patna18 Nov 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 133(6)Section 144Section 147Section 148Section 234ASection 234BSection 250Section 48Section 50CSection 55

2. Section 55. I have purchased land in year 1977 for Rs. 9500. However my cost of acquisition should be taken as lower of stamp duty value and ITA No.: 18/PAT/2025 Assessment Year: 2013-14 Lalmuni Devi. FMV as on 01-04-2001, which comes Rs. 3050000. And at the same time indexation was not allowed. 3. Cost of improvement

KRIPA SHANKER,PATNA vs. INCOME TAX OFFICER, WARD 4(1), PATNA

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

ITA 117/PAT/2025[2014-15]Status: DisposedITAT Patna12 Nov 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 142(1)Section 143(2)Section 148Section 250Section 54

2) of the Act during the course of assessment proceedings. 6. For that the entire consideration received on sale of land has been invested over construction of the house well within the stipulated time before 31.07.2014 and therefore no capital gain is chargeable as per the provision of section 54

SHRI SHAH AFROZE HOSSAIN,BHAGALPUR vs. DY. CIT, CENT, CIR-2, PATNA, PATNA

In the result, the appeal of the assessee is partly allowed in terms indicated above

ITA 711/PAT/2024[2022-23]Status: DisposedITAT Patna30 Dec 2025AY 2022-23

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.711/Pat/2024 Assessment Year: 2022-23 Shri Shah Afroze Hossain.….…………………....…………………....Appellant 12, Shahganjhi, Habibpur, Bhagalpur, Bihar-812006. [Pan: Aapph1112D] Vs. Dcit, Central Circle-2, Patna..………....…..………………….…..... Respondent Appearances By: Shri Manish Rastogi, Adv., Appeared On Behalf Of The Appellant. Md. Shadab Ahmed, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : December 30, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A), Patna-3 (Hereinafter Referred To As “Ld. Cit(A)”) Dated 22.10.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Assessment Year 2022–23 Declaring A Total Income Of ₹75,56,770, Comprising The Income From Business Of ₹6,54,569, Long- Term Capital Gains: ₹49,60,293 & Income From Other Sources Of ₹19,35,912. A Search & Seizure Operation Under Section 132 Of The Act Was Carried Out On 29.12.2022 At The Residential & Business Premises Of The Assessee Pursuant To A Warrant Of Authorisation Issued By The Director Of Investigation, Patna. During The Course Of The Search

Section 132Section 142(1)Section 143(2)Section 250Section 50CSection 50C(2)

Section 250 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”). 2. Brief facts of the case are that the assessee filed his return of income for the Assessment Year 2022–23 declaring a total income of ₹75,56,770, comprising the income from business of ₹6,54,569, long- term capital gains

SHIVENDU SHEKHAR SINGH,PATNA vs. ITO, WARD-6(5), PATNA, PATNA

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

ITA 688/PAT/2024[2011-12]Status: DisposedITAT Patna04 Jun 2025AY 2011-12

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthi

Section 143(2)

54,480/-. The case of the assessee was selected for scrutiny assessment and notices under section 143(2) and 142(1) were issued and served upon the assessee. On scrutiny of the accounts, it revealed to the Assessing Officer that the assessee along with his brother were the owner and in possession of 2 acres and 14 guntas of land

SHIVENDU SHEKHAR SINGH,PATNA vs. ITO, WARD6(5), PATNA

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

ITA 689/PAT/2024[2011-12]Status: DisposedITAT Patna04 Jun 2025AY 2011-12

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthi

Section 143(2)Section 250Section 253(3)Section 271(1)(c)

54,480/-. The case of the assessee was selected for scrutiny assessment and notices under section 143(2) and 142(1) were issued and served upon the assessee. On scrutiny of the accounts, it revealed to the Assessing Officer that the assessee along with his brother were the owner and in possession of 2 acres and 14 guntas of land

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 54

AMRENDRA PRATAP SINGH,VARANASI vs. INCOME TAX OFFICER WARD- 3(1), GAYA

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

ITA 101/PAT/2025[2012-13]Status: DisposedITAT Patna07 Oct 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115BSection 144Section 147Section 250Section 251Section 69A

2. For that the appellate order dated 15/01/2025 bearing DIN & Order No: ITBA/NFAC/S/250/2024-25/1072165748(1) passed under Section 250 of I.T.A. No.: 101/PAT/2025 Assessment Year: 2012-13 Amrendra Pratap Singh. the Income Tax Act, 1961 (hereinafter called the Act) for the Assessment Year 2012-13 by the ld. First Appellate Authority, viz, the Commissioner of Income Tax (Appeal) at National Faceless

ACIT, CENTRAL CIRCLE-2, PATNA vs. M/S TAKSHILA EDUCATIONAL SOCITY, NEW DELHI

ITA 19/PAT/2021[2017-18]Status: DisposedITAT Patna14 Jul 2023AY 2017-18

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

Section 13(2)Section 13(3)

capital gain on sale of value of two vehicles and a flat. (b) Ld. CIT(Appeals) has erred in deleting the addition of Rs.20,13,54,800/-, which was added by the ld. Assessing Officer with the aid of section 13(3) read with section 13(2

ACIT, CIRCLE-4, PATNA vs. SH. SURESH , PATNA

ITA 205/PAT/2018[2015-16]Status: DisposedITAT Patna27 Jun 2024AY 2015-16
For Appellant: Shri Alok Kumar, AdvocateFor Respondent: Smt. Rinku Singh, CIT D/R
Section 250Section 28Section 54Section 54F

gain of transfer of lands as arose to the assesse. (ii) Ld. CIT(A) erred in holding Rupam Tower as Residential House and has erred in allowing deduction u/s 54 to the LTCG arising to the assessee. (iii) Ld. CIT(A) erred in accepting the claim of the assessee regarding the cost of construction of the Rupam Tower building

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

54 PM SELL 1 1149.80 250 287450.00 0 5.2. The assessee was confronted with the above findings which emerged from the information received from the NMCE, Ahmedabad. Copy of ledger account of few such counter parties were provided to the assessee as per the following details: s. Product Date Broker Counter Party Counter Party Broker No. 21/03/2011 Marina Commotrade

VEENA MISHRA THROUGH NITISH MISHRA,PATNA vs. ACIT, CENT.CIR-1, PATNA, PATNA

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

ITA 152/PAT/2025[2003-04]Status: DisposedITAT Patna08 Sept 2025AY 2003-04

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 234ASection 250Section 271(1)(c)

section 234A, 234B and 234C of the income tax Act, 1961 on the total income as computed in the orders of assessment and Ld. CIT Appeal erred in confirming the same. 15. For that the order of the assessment so passed by the assessing officer and the appellate order passed by the Ld. CIT Appeal is otherwise arbitrary and illegal