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37 results for “capital gains”+ Section 12A(2)clear

Sorted by relevance

Mumbai208Delhi194Bangalore121Ahmedabad89Jaipur62Kolkata60Chennai52Hyderabad45Pune37Calcutta34Indore33Visakhapatnam17Karnataka16Chandigarh15Lucknow15Cuttack10Agra8Nagpur8Surat7Raipur7Ranchi6Amritsar6Rajkot4Allahabad4Dehradun3Cochin3Telangana3Jabalpur2Panaji2SC2Patna1Andhra Pradesh1Jodhpur1

Key Topics

Section 12A66Section 1030Section 1123Exemption22Deduction18Section 143(3)16Section 270A13Section 5713Addition to Income12Depreciation

PUNE MATHADI HAMAL AND OTHER MANUAL WORKERS BOARD,PUNE vs. INCOME TAX OFFICER, WARD-5(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

ITA 1012/PUN/2023[2018-19]Status: DisposedITAT Pune27 Jun 2024AY 2018-19

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1012/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Pune Mathadihamal & Other The Income Tax Manual Workers Board, V Officer, Shramashakti Bhavan, S Ward-5(1), Pune. Coomercial Plot No.1, Market Yard, Pune – 411037. Pan: Aaalp0097L Appellant/ Assessee Respondent /Revenue Assessee By Shri Vipul Joshi – Ar Revenue By Shri Ajay Kumar Keshari & Shri Rajesh Gawali– Dr’S Date Of Hearing 17/04/2024 Date Of Pronouncement 27/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Orders Of Ld.Commissionerof Income Tax(Appeals)[Nfac], Under Section 250 Of The Act Dated 14.07.2023 :

For Appellant: 2. The ld.AR submitted written submissions, relevant part of the same is reprodu
Section 11Section 12ASection 143(3)Section 250

capital gains. Once this principle was accepted and consistently applied and followed, the Revenue was bound by it. Unless of course it wanted to change the practice without any change in law or change in facts therein, the basis for the change in practice should have been mentioned either in the assessment order or atleast pointed out to the Tribunal

Showing 1–20 of 37 · Page 1 of 2

11
Section 143(2)10
Section 2(15)9

SANGEETA BASAVRAJ MANGRULE,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, AURANGABAD

Appeal is dismissed in above terms

ITA 706/PUN/2019[2015-16]Status: DisposedITAT Pune11 Aug 2022AY 2015-16
For Appellant: NoneFor Respondent: Shri M.G. Jasnani
Section 10(38)Section 131Section 143(3)

12A read with section 24 of the securities and Exchange Board of India Act 1992 for the predicate offences iii) Enforcement Directorate should then be informed to take action under prevention of Money laundering Act for the predicate offences. Merely creating documents and routing the transactions through banking channels does not sacrosanct the unexplained transaction as genuine. Similarly creating

SINHAGAD TECHNICAL EDUCATION SOCIETY,PUNE vs. PCIT(CENTRAL), PUNE, PUNE

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

ITA 419/PUN/2025[-]Status: DisposedITAT Pune29 May 2025

Bench: Shri R. K. Panda & Shri Vinay Bhamoresinhagad Technical Education Society Pcit (Central), Pune Smt. Khilare Marg, Off Karve Road, Vs. Pune – 411004 Pan: Aabts9900Q (Appellant) (Respondent) Assessee By : Shri Suhas Bora & Miss Sampada Ingale Department By : Shri Ajay Kumar Keshari - Cit Date Of Hearing : 25-03-2025 Date Of Pronouncement : 29-05-2025 O R D E R

For Appellant: Shri Suhas Bora and Miss Sampada IngaleFor Respondent: Shri Ajay Kumar Keshari - CIT
Section 11Section 12ASection 12A(1)(ac)Section 132

gains of business which is not incidental to the attainment of its objectives or separate books of account are not maintained by such trust or institution in respect of the business which is incidental to the attainment of its objectives; or c) The trust or institution has applied any part of its income from the property held under a trust

M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

In the result, the appeal of the assessee is partly allowed

ITA 1130/PUN/2024[-]Status: DisposedITAT Pune21 Feb 2025
Section 12Section 127Section 12ASection 12A(1)(ac)Section 132Section 143(3)Section 153A

capitation fees.\nFurther in the reply dated 20.04.2024, it was submitted that\nthere is no provision for cancellation of registration u/s.12A of the\nAct retrospectively since section 12AB has come into operation\nfrom 01.04.2021. Further vide reply dated 26.03.2024, assessee\nstated that the trust is running a Medical College, Charitable\nHospital and Research Centre as per the objects

DINESHKUMAR RAMCHANDRA TULSYAN (HUF),,NASHIK vs. INCOME-TAX OFFICER, WARD - 1(5),, NASHIK

In the result, both the appeals filed by the assessee are partly allowed

ITA 813/PUN/2018[2014-15]Status: DisposedITAT Pune28 Nov 2025AY 2014-15

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15 Dineshkumar Ramchandra Tulsyan (Huf) Ito, Ward 1(5), 214B, Laxmi Niwas, Mahatma Nagar, Vs. Nashik Nashik – 422007 Pan: Aachd5953R (Appellant) (Respondent) Assessment Year : 2014-15 Smt. Sumandevi Dineshkumar Tulsyan Ito, Ward 1(5), 214B, Laxmi Niwas, Mahatma Nagar, Vs. Nashik Nashik – 422007 Pan: Ackpt1322Q (Appellant) (Respondent)

For Appellant: Shri Pramod S ShingteFor Respondent: Shri Rajesh Haladkar (through virtual)
Section 10(38)Section 133ASection 142(1)Section 143(2)Section 144A

section 12A of the Securities Contracts (Regulation) Act, 1956] has clearly held that Shri Vijay Kumar Jain has been involved in the manipulation of the share price of this listed company and has manipulated so as to utilize this scrip to arrange entry of bogus long term capital gains and has subsequently restrained Shri Vijay Kumar Jain from accessing

SMT. SUMANDEVI DINESHKUMAR TULSYAN,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1(5),, NASHIK

ITA 814/PUN/2018[2014-15]Status: DisposedITAT Pune28 Nov 2025AY 2014-15
Section 10(38)Section 133ASection 142(1)Section 143(2)Section 144A

12A of the Securities Contracts\n(Regulation) Act, 1956] has clearly held that Shri Vijay Kumar Jain has been\ninvolved in the manipulation of the share price of this listed company and has\nmanipulated so as to utilize this scrip to arrange entry of bogus long term capital\ngains and has subsequently restrained Shri Vijay Kumar Jain from accessing

AMIT BHASKARRAO SANAP,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -3, , AURANGABAD

In the result, appeal of the Assessee is Dismissed

ITA 78/PUN/2019[2015-16]Status: DisposedITAT Pune19 Oct 2022AY 2015-16

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.78/Pun/2019 िनधा"रण वष" / Assessment Year : 2015-16 Amit Bhaskarrao Sanap, The Assistant A-2, N-4, Cidco, Aurangabad, Vs Commissioner Of Income Maharashtra – 431001. Tax, Circle-3, Aurangabad. Pan: Auips 4177 L Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri S P Walimbe & Shri Arvind Desai – Dr Date Of Hearing 25/07/2022 Date Of Pronouncement 19/10/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Aurangabad, Dated 13.11.2018 For The A.Y. 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner (A), Aurangabad Confirming The Addition Of Rs.1,93.17.241/- Made By The A.O. In Computing The Income U/S 56 Instead Of Exempt U S. 10(38) Of The Act Of The Appellant Is Contrary To Law & Facts Of The Case.

Section 10(38)Section 56

12A read with section 24 of the securities and Exchange Board of India Act 1992 for the predicate offences. iii.) Enforcement Directorate should then be informed to take action under prevention of Money laundering Act for the predicate offences. Merely creating documents and routing the transactions through banking channels does not sacrosanct the unexplained transaction as genuine. Reliance is placed

DCIT EXMP CIRCLE PUNE, SWARGATE PMT BLDG vs. ASHIRWAD CHARITABLE TRUST, MUMBAI

In the result, the appeal filed by the Revenue in ITA

ITA 225/PUN/2024[2014]Status: DisposedITAT Pune16 May 2025

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.224 & 225/Pun/2024 िनधा"रण वष" / Assessment Year : 2014-15 Dcit (Exemptions) Circle, Vs. Ashirwad Charitable Pune. Trust, 402, Pascal Martin Road, Regent Chambers, Nariman Point, Mumbai- 400021. Pan : Aabta4479Q Appellant Respondent Revenue By : Shri Ramnath P. Murkunde Assessee By : Shri Raja B. Singh & Mohd. Obaid Ansari Date Of Hearing : 18.02.2025 Date Of Pronouncement : 16.05.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Revenue Are Directed Against The Separate Orders Dated 06.12.2023 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15 Respectively. 2. Since The Facts Are Identical & Both The Above Captioned Appeals Were Heard Together, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal In Ita No.224/Pun/2024 For Adjudication.

For Appellant: Shri Raja B. Singh &For Respondent: Shri Ramnath P. Murkunde
Section 11Section 12ASection 2(15)Section 3Section 5

12A of The Income Tax Act, 1961 may not be sent to the Commissioner of Income Tax(Exemptions), Pune. After considering the reply of the assessee trust the Assessing Officer was of the view that in the light of the amended provision of section 2(15) of the IT Act, 1961, the activities of the assessee trust are clearly

DY COMMISSIONER OF INCOME TAX EXMP CIRCLE PUNE, SWARGATE PMT BLDG vs. ASHRIWAD CHARITABLE TRUST, MUMBAI

In the result, the appeal filed by the Revenue in ITA

ITA 224/PUN/2024[2014]Status: DisposedITAT Pune16 May 2025

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.224 & 225/Pun/2024 िनधा"रण वष" / Assessment Year : 2014-15 Dcit (Exemptions) Circle, Vs. Ashirwad Charitable Pune. Trust, 402, Pascal Martin Road, Regent Chambers, Nariman Point, Mumbai- 400021. Pan : Aabta4479Q Appellant Respondent Revenue By : Shri Ramnath P. Murkunde Assessee By : Shri Raja B. Singh & Mohd. Obaid Ansari Date Of Hearing : 18.02.2025 Date Of Pronouncement : 16.05.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Revenue Are Directed Against The Separate Orders Dated 06.12.2023 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15 Respectively. 2. Since The Facts Are Identical & Both The Above Captioned Appeals Were Heard Together, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal In Ita No.224/Pun/2024 For Adjudication.

For Appellant: Shri Raja B. Singh &For Respondent: Shri Ramnath P. Murkunde
Section 11Section 12ASection 2(15)Section 3Section 5

12A of The Income Tax Act, 1961 may not be sent to the Commissioner of Income Tax(Exemptions), Pune. After considering the reply of the assessee trust the Assessing Officer was of the view that in the light of the amended provision of section 2(15) of the IT Act, 1961, the activities of the assessee trust are clearly

INCOME-TAX OFFICER vs. PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,, PUNE

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 944/PUN/2014[2004-05]Status: DisposedITAT Pune27 Jun 2019AY 2004-05

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

2. Whether on the facts and circumstances of the case and in law the Ld. CIT(A) was justified in allowing depreciation even if the income is to be completed after application of Sec. 11 to 13 of the IT Act, which results into double relief i.e. application of money on depreciable capital assets and the re depreciation again

INCOME-TAX OFFICER vs. PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,, PUNE

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 945/PUN/2014[2005-06]Status: DisposedITAT Pune27 Jun 2019AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

2. Whether on the facts and circumstances of the case and in law the Ld. CIT(A) was justified in allowing depreciation even if the income is to be completed after application of Sec. 11 to 13 of the IT Act, which results into double relief i.e. application of money on depreciable capital assets and the re depreciation again

PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 932/PUN/2014[2008-09]Status: DisposedITAT Pune27 Jun 2019AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

2. Whether on the facts and circumstances of the case and in law the Ld. CIT(A) was justified in allowing depreciation even if the income is to be completed after application of Sec. 11 to 13 of the IT Act, which results into double relief i.e. application of money on depreciable capital assets and the re depreciation again

PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 931/PUN/2014[2005-06]Status: DisposedITAT Pune27 Jun 2019AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

2. Whether on the facts and circumstances of the case and in law the Ld. CIT(A) was justified in allowing depreciation even if the income is to be completed after application of Sec. 11 to 13 of the IT Act, which results into double relief i.e. application of money on depreciable capital assets and the re depreciation again

PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 930/PUN/2014[2004-05]Status: DisposedITAT Pune27 Jun 2019AY 2004-05

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

2. Whether on the facts and circumstances of the case and in law the Ld. CIT(A) was justified in allowing depreciation even if the income is to be completed after application of Sec. 11 to 13 of the IT Act, which results into double relief i.e. application of money on depreciable capital assets and the re depreciation again

PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 929/PUN/2014[2003-04]Status: DisposedITAT Pune27 Jun 2019AY 2003-04

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

2. Whether on the facts and circumstances of the case and in law the Ld. CIT(A) was justified in allowing depreciation even if the income is to be completed after application of Sec. 11 to 13 of the IT Act, which results into double relief i.e. application of money on depreciable capital assets and the re depreciation again

SHREE CHAITANYA-RAM FOUNDATION,BAVDHAN vs. CIT EXEMPTION, PUNE

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 2618/PUN/2025[2025-2026]Status: DisposedITAT Pune21 Jan 2026AY 2025-2026

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Prashant Gadekar, CIT
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

capital gains which have not accrued or arisen to him. It would indeed be most harsh and inequitable to tax the assessee on income which has neither arisen to him nor is received by him, merely because he has carried out the contractual obligation undertaken by him. It is difficult to conceive of any rational reason why the Legislature should

SHREE CHAITANYA-RAM FOUNDATION,BAVDHAN PUNE vs. CIT EXEMPTION, PUNE

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 2619/PUN/2025[2025-2026]Status: DisposedITAT Pune21 Jan 2026AY 2025-2026

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Prashant Gadekar, CIT
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

capital gains which have not accrued or arisen to him. It would indeed be most harsh and inequitable to tax the assessee on income which has neither arisen to him nor is received by him, merely because he has carried out the contractual obligation undertaken by him. It is difficult to conceive of any rational reason why the Legislature should

INCOME TAX OFFICER, WARD-11(1), PUNE, PUNE vs. MAHARASHTRA CRICKET ASSOCIATION, PUNE, PUNE

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

ITA 694/PUN/2023[2010-11]Status: DisposedITAT Pune09 Jun 2025AY 2010-11
For Appellant: \nShri C.H. NaniwadekarFor Respondent: \nShri Amol Khairnar
Section 10Section 11Section 12ASection 143(2)Section 2(15)

2(15) introduced w.e.f. 01.04.2009\"?\n(ii) \"Whether on the facts and circumstances of the case and in law,\nthe Tribunal did not err in holding that the Commissioner was not\nright in invoking the provisions of Section 12AA(3) of the Act when the\nactivities carried out by the assessee in Maharashtra under the\ncontrol of BCCI was primarily

M/S. MARATHWADA AUTO CLUSTER,,AURANGABAD vs. INCOME-TAX OFFICER ,,

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

ITA 2455/PUN/2016[2012-13]Status: DisposedITAT Pune06 Jun 2018AY 2012-13

Bench: Shri D. Karunakara Rao, Am

For Appellant: Shri S. N. PuranikFor Respondent: Shri Pankaj Garg
Section 11Section 12ASection 12A(2)Section 234Section 234ASection 25

12A(2) Registration and Income Computation 3 A.Y.2012-13 provisions being applicable for earlier pending proceedings Appellant, therefore, prays for computation of Income under Sec. 11, 12 of The Income Tax Act, 1961. 2. As per the understanding and terms of the Government Grants, the unspent grants be invested in fixed deposit. The interest thereon will be part of the grant

POKHARNA EDUCATIONAL TRUST,PUNE vs. CIT (EXEMPTION), PUNE

In the result, appeal of the assessee is dismissed

ITA 1244/PUN/2025[2020-21]Status: DisposedITAT Pune30 Jun 2025AY 2020-21
Section 10Section 10(23)Section 10(230)(iad)Section 12ASection 143(3)Section 263Section 57

12A, which is a separate\nrequirement. (Refer Page No. 3, 27 and 38 of Paper Book)\n4. 2. It is further submitted that the appellant trust has duly claimed the\nexemption under Section 10(230)(iad) of the Income Tax Act, 1961 in\nthe return of income filed, and the relevant particulars were\nappropriately disclosed therein. Therefore, the observation made