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26 results for “capital gains”+ Set Off of Lossesclear

Sorted by relevance

Mumbai1,884Delhi1,061Chennai437Ahmedabad363Jaipur330Kolkata290Bangalore265Hyderabad225Chandigarh158Pune142Indore139Raipur110Nagpur94Cochin94Surat74Lucknow65Rajkot64Visakhapatnam41Amritsar37Guwahati30Cuttack30Patna26Jodhpur24Agra18Dehradun17Jabalpur13Ranchi8Panaji8Varanasi5Allahabad4

Key Topics

Section 143(3)26Section 26323Addition to Income19Section 10(38)12Section 14710Section 143(2)8Section 1487Section 2506Section 1446Exemption

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)

Loss as the case may be. Section 45(1) of the Act, is charging section and provides that- "Any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D, 54E, 54EB, 54F, 54G and 54H, be chargeable to income tax under the head 'Capital

Showing 1–20 of 26 · Page 1 of 2

6
Revision u/s 2634
Penalty3

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)

loss arises without a transaction in between the receiver & payer by making entries in the books of account of the receiver for the amount received or receivable and payer making entry in its books of account for any paid or payable. Also no profit/gain can accrue or arises only on entering into an agreement for doing certain project on exchange

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

set of details along with submission were filed during the appellate proceedings also. The said sale of land only could be effected in A.Y. 2016-17 and appellant considered and declared capital gain tax and paid the said tax and invested an amount of Rs. 50,00,000/- in REC Bond u/s 54EC of the Act. After considering the facts

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

set of details along with submission were filed during the appellate proceedings also. The said sale of land only could be effected in A.Y. 2016-17 and appellant considered and declared capital gain tax and paid the said tax and invested an amount of Rs. 50,00,000/- in REC Bond u/s 54EC of the Act. After considering the facts

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

set of details along with submission were filed during the appellate proceedings also. The said sale of land only could be effected in A.Y. 2016-17 and appellant considered and declared capital gain tax and paid the said tax and invested an amount of Rs. 50,00,000/- in REC Bond u/s 54EC of the Act. After considering the facts

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

set of details along with submission were filed during the appellate proceedings also. The said sale of land only could be effected in A.Y. 2016-17 and appellant considered and declared capital gain tax and paid the said tax and invested an amount of Rs. 50,00,000/- in REC Bond u/s 54EC of the Act. After considering the facts

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

set of details along with submission were filed during the appellate proceedings also. The said sale of land only could be effected in A.Y. 2016-17 and appellant considered and declared capital gain tax and paid the said tax and invested an amount of Rs. 50,00,000/- in REC Bond u/s 54EC of the Act. After considering the facts

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

loss so interest u/s 234B should not be levied” 3. Brief facts of the case are that the assessee is an individual and had not filed any return of income for the year under consideration despite entering into and registering a Land Development Agreement with House-Con Consultant & Developer during the FY 2012-13 relevant

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

capital gain : Rs.1,25,05,763/- Total income : Rs.1,27,58,955/- Or Rs.1,27,58,960/- Assessed u/s 143(3) of the I.T. Act, 1961 on a total income of Rs.1,27,58,960/-. Issue Demand Notice, Challan and a copy of the Order to the assessee. Penalty proceeding u/s 271(1)(c) is also initiated for inaccurate particular

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

Capital Gain. The statement of non taxability based on Circular No. 36/2016 dated 25/10/2016 Issued by CBDT With relying on the provision of the RFCTLARR ACT, 2013. CIRCULAR 36/2016 dated 25/10/2016 issued by CBDT Non-taxability of the compensation received by the land owners for the land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

LAVANYA ESTATES PRIVATE LIMITED,PATNA vs. ITW WARD 2 (1) PATNA, PATNA

In the result, the appeal of the assessee is allowed

ITA 342/PAT/2023[2017-18]Status: DisposedITAT Patna18 Nov 2024AY 2017-18

Bench: Shri Rajpal Yadav & Shri Rajesh Kumari.T.A. No. 342/Pat/2023 Assessment Year: 2017-18 Lavanya Estates Private Limited Vs Income Tax Officer, Kasim Colonydargah Road Ward 2(1), Mahendru, Sultanganj, Lok Nayak Bhawan, Dakbanglow, Patna-800 001 Patna, Bihar-800 006 [Pan : Aadcl0333R] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: Shri Ajay Kr. Shukla, DR
Section 142(1)Section 143(2)Section 143(3)Section 154

loss of Rs 420,94,764 has been set off by the assessee against long term capital gains. This transaction

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

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

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

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

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

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

SMT. VEENA MISHRA THROUGH NITISH MISHRA,PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, the appeals in ITA No

ITA 132/PAT/2023[2002-03]Status: DisposedITAT Patna27 Nov 2024AY 2002-03

Bench: Shri Duvvuru R. L. Reddy, Vice- & Shri Rajesh Kumar]

loss of Rs. 56,270/-. The case of 3 I.T.A. Nos.125 to 132/Pat/2023 Assessment Years: 2000-01 to 2002-03 Dr. Jagannath Mishra (HUF) & Ors. the assessee was selected for scrutiny and statutory notices were duly issued and served upon the assessee. During the assessment proceedings, the AO observed that the assessee has shown agricultural income from agricultural operation

DR. JAGANNATH MISHRA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, the appeals in ITA No

ITA 125/PAT/2023[2000-01]Status: DisposedITAT Patna27 Nov 2024AY 2000-01

Bench: Shri Duvvuru R. L. Reddy, Vice- & Shri Rajesh Kumar]

loss of Rs. 56,270/-. The case of 3 I.T.A. Nos.125 to 132/Pat/2023 Assessment Years: 2000-01 to 2002-03 Dr. Jagannath Mishra (HUF) & Ors. the assessee was selected for scrutiny and statutory notices were duly issued and served upon the assessee. During the assessment proceedings, the AO observed that the assessee has shown agricultural income from agricultural operation

DR. JAGANNATH MISHRA THROUGH L/H NITISH MISHRA,PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, the appeals in ITA No

ITA 126/PAT/2023[2000-01]Status: DisposedITAT Patna27 Nov 2024AY 2000-01

Bench: Shri Duvvuru R. L. Reddy, Vice- & Shri Rajesh Kumar]

loss of Rs. 56,270/-. The case of 3 I.T.A. Nos.125 to 132/Pat/2023 Assessment Years: 2000-01 to 2002-03 Dr. Jagannath Mishra (HUF) & Ors. the assessee was selected for scrutiny and statutory notices were duly issued and served upon the assessee. During the assessment proceedings, the AO observed that the assessee has shown agricultural income from agricultural operation

DR. JAGANNATH MISHRA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, the appeals in ITA No

ITA 127/PAT/2023[2001-02]Status: DisposedITAT Patna27 Nov 2024AY 2001-02

Bench: Shri Duvvuru R. L. Reddy, Vice- & Shri Rajesh Kumar]

loss of Rs. 56,270/-. The case of 3 I.T.A. Nos.125 to 132/Pat/2023 Assessment Years: 2000-01 to 2002-03 Dr. Jagannath Mishra (HUF) & Ors. the assessee was selected for scrutiny and statutory notices were duly issued and served upon the assessee. During the assessment proceedings, the AO observed that the assessee has shown agricultural income from agricultural operation