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93 results for “capital gains”+ Section 142(1)(iii)clear

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Key Topics

Section 14868Section 143(3)61Section 143(2)60Addition to Income55Section 6848Section 14742Section 13228Section 10(38)28Deduction28Section 54B

ALNESH MOHAMADAKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

ITA 34/PUN/2025[2018-19]Status: DisposedITAT Pune27 Jun 2025AY 2018-19
Section 132Section 139(1)Section 143(2)Section 14ASection 153ASection 24

gains of business or profession\" The language used in\nSection 37(1) was \"laid out or expended for the purpose of the business or\nprofession and not \"laid out or expended for the purpose of making or earning\nsuch income and set out in section 57(iii). The words in Section 57(iii) being\nnarrower, contended the revenue, they cannot

ALNESH AKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

Showing 1–20 of 93 · Page 1 of 5

26
Long Term Capital Gains19
Reopening of Assessment19
ITA 35/PUN/2025[2019-20]Status: DisposedITAT Pune27 Jun 2025AY 2019-20

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

For Appellant: Shri Nitin RanderFor Respondent: Shri Amol Khairnar CIT-DR
Section 132Section 139(1)Section 143(2)Section 153ASection 24

142(1) of the Act in response to which the AR of the assessee filed the requisite details from time to time. 3. During the course of assessment proceedings the Assessing Officer noted that the assessee, in the original return of income filed u/s 139(1) of the Act, has shown income from self occupied house property at Rs.Nil. However

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

ITA 1565/PUN/2024[2018-19]Status: DisposedITAT Pune27 Oct 2025AY 2018-19
For Appellant: S/Shri Suchek Anchaliya andFor Respondent: Shri Amit Bobde, CIT
Section 132Section 143(3)Section 147Section 148Section 153A

capital gains on account of trading in shares of a penny stock companies which is\nexempt u/s 10(38) of the Income Tax Act, 1961. The penny stock shares have been regularly purchased and sold\nand LTCG is claimed as exempt in the return of income thereby routing her undisclosed income / into the\naccounts. In view of above, there exist

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

ITA 1555/PUN/2024[2013-14]Status: DisposedITAT Pune27 Oct 2025AY 2013-14
Section 132Section 143(3)Section 147Section 148Section 153A

capital gains on account of trading in shares of a penny stock companies which is\nexempt u/s 10(38) of the Income Tax Act, 1961. The penny stock shares have been regularly purchased and sold\nand LTCG is claimed as exempt in the return of income thereby routing her undisclosed income / into the\naccounts. In view of above, there exist

INCOME TAX OFFICER, PUNE vs. PRAKASH RAMKRISHNA POPHALE, PUNE

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

ITA 283/PUN/2024[2017-18]Status: DisposedITAT Pune25 Jun 2024AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2017-18

For Appellant: Shri Prasad BhandariFor Respondent: Shri Sourabh Nayak, Addl.CIT
Section 133(6)Section 143(2)Section 54Section 54(1)

142(1) of the Act were issued and served on the assessee, to which the assessee replied from time to time. 2 3. During the course of assessment proceedings, the Assessing Officer noted that the assessee has e-mailed Deed of Assignment dated 26.07.2016 of the property at S.No.696/2, Final Plot No.475 part/6, Plot No.6, Anandnagar Co- operative Housing

JAIBHAGWAN BANARASIDAS JINDAL,JALNA vs. THE INCOME TAX OFFICER, WARD-1, JALNA

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

ITA 2016/PUN/2024[2016-17]Status: DisposedITAT Pune27 Feb 2025AY 2016-17

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17

For Appellant: Shri Jaiprakash BairagraFor Respondent: Shri Ramnath P Murkunde
Section 10(38)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 151

142(1) of the Act was issued and served on the assessee, in response to which the assessee filed the requisite details from time to time. The reasons for such reopening of assessment read as under: 3 “ANNEXURE Name of the Assessee Jaibhagwan Banarasidas Jindal PAN of the Assessee AAQPJ5374E Assessment Year 2016-17 Details of the Assessing Officer having

QUBIX BUSINESS PARK PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8, PUNE, PUNE

In the result, Ground No.2 of the assessee is allowed for statistical purpose

ITA 1994/PUN/2024[2020-21]Status: DisposedITAT Pune06 Jan 2025AY 2020-21

Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

Section 115JSection 143(3)Section 144BSection 144C(13)Section 144C(5)Section 80

III (Section 10A, Section 10AA) S.No. Section Amount 1 80IAB 275298833 2 80G 1572505 5.2 Then, Assessee in Form No.10CCB has claimed deduction under section 80IAB of Rs.27,52,98,833/-. In the Form 11 No.10CCB, Assessee has certified that profits and gains derived by the undertaking from the eligible business is of Rs.27,52,98,833/-. 5.3 Thus

DEPUTY COMMISSIONER OF INCOME TAX, JALGAON vs. TARADEVI RATANLAL BAFNA, JALGAON

ITA 497/PUN/2025[2013-14]Status: DisposedITAT Pune27 Oct 2025AY 2013-14
Section 132Section 143(3)Section 147Section 148Section 153A

capital gains on account of trading in shares of a penny stock companies which is\nexempt u/s 10(38) of the Income Tax Act, 1961. The penny stock shares have been regularly purchased and sold\nand LTCG is claimed as exempt in the return of income thereby routing her undisclosed income / into the\naccounts. In view of above, there exist

SUBHADRA TANAJI CHAVAN,SATARA vs. INCOME TAX OFFICER WARD 2, SATARA

In the result, the appeal of the assessee is allowed

ITA 1389/PUN/2025[2021-22]Status: DisposedITAT Pune29 Jul 2025AY 2021-22

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1389/Pun/2025 िनधा"रण वष" / Assessment Year: 2021-22 Subhadra Tanaji Chavan, V The Income Tax Officer, Plot No.31, Suparna Niwas S Ward-2, Satara. Pawar Colony, Shahupuri, Satara – 415002. Maharashtra. Pan: Bgspc7420D Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Akhilesh Srivastva–Addl.Cit(Dr) Date Of Hearing 10/07/2025 Date Of Pronouncement 29/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2021-22Dated 30.03.2025, Emanating From Order U/S.143(1)Of The Income Tax Act, 1961, Dated 28.12.2022. The Assessee Has Raised Following Grounds Of Appeal :

Section 143(1)Section 250Section 500Section 50CSection 50C(1)

capital gain by adopting a consideration figure at Rs.79,35,500/- instead of actual sale consideration of Rs.22,87,500/- by invoking provisions of section 50C without making any reference to DVO, the entire addition is therefore incorrect and addition deserves to be deleted. 3. On the facts and in the circumstances of the case

MR POPATRAO DASHRATHRAO SURYAWANSHI,PUNE vs. INCOME TAX OFFICER, WARD-7(4), PUNE, PUNE

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

ITA 234/PUN/2024[2017-18]Status: DisposedITAT Pune21 Jan 2026AY 2017-18

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18 Mr. Popatrao Dashrathrao Suryawanshi Ito, Ward 7(4), Pune S.No.38, Tingre Nagar, Havaldar Mala, Vs. Vishrantwadi, Pune – 411015 Pan: Adhps2643F (Appellant) (Respondent) Assessee By : Shri Suhas Bora Department By : Shri Manish Mehta, Addl.Cit Date Of Hearing : 19-01-2026 Date Of Pronouncement : 21-01-2026 O R D E R

For Appellant: Shri Suhas BoraFor Respondent: Shri Manish Mehta, Addl.CIT
Section 142(1)Section 143(2)Section 45(2)Section 54BSection 54F

142(1) of the Act which were also duly served on the assessee. 3. During the course of assessment proceedings the Assessing Officer noted that the assessee had entered into a joint venture agreement with M/s. Nandan 2 Buildcon Pvt Ltd vide registered joint venture agreement dated 20.01.2011. As per the agreement M/s. Nandan Buildcon Pvt Ltd has agreed

REXEL INDIA PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, PUNE

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

ITA 981/PUN/2024[AY 2016-17]Status: DisposedITAT Pune05 May 2025
Section 32(1)Section 43(1)Section 43(6)

iii)(e) and Section 55(2)(a)(ii) of the Act, it is pertinent to\nnote that these provisions form part of the Chapter dealing with\n\"Capital Gains\" and Section 47 of the Act specifically excludes transfer\nof capital assets, pursuant to a scheme of amalgamation, from the\npurview of Section 45 of the Act. Therefore

ADVIK HI TECH PVT LTD,PUNE vs. DY.COMM.OF INCOME TAX, CIRCLE 8, PUNE, AKURDI PUNE

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

ITA 1158/PUN/2023[2020-21]Status: DisposedITAT Pune18 Feb 2025AY 2020-21

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1158/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Advik Hi Tech Pvt. Ltd., Vs. Dcit, Circle-8, Pune. Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent आयकर अपील सं. / Ita No.1330/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Dcit, Circle-8, Pune. Vs. Advik Hi Tech Pvt. Ltd., Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent Assessee By : Shri Sharad A. Shah & Shri Rohit S. Tapadiya Revenue By : Shri Amol Khairnar Date Of Hearing : 21.11.2024 Date Of Pronouncement : 18.02.2025 आदेश / Order Per Vinay Bhamore, Jm: These Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 16.10.2023 Passed By Ld.Cit(A)/Nfac For The Assessment Year 2020-21 Respectively.

For Appellant: Shri Sharad A. Shah &For Respondent: Shri Amol Khairnar
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 35Section 35(1)Section 80GSection 80I

142(1) were issued along with questionnaire. In response to the said notices, the assessee company furnished the written submissions before the Assessing Officer. The assessment was completed on 29.09.2022 u/s.143(3) of the IT Act by making following additions/disallowances :- 3 ITA No.1158/PUN/2023 [A] ITA No.1330/PUN/2023 [R] (i) Forex gain : Rs.52,44,688/- (ii) Disallowance u/s.14A : Rs.19,61,074/- (iii

ROHINI MARUTI DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

ITA 1839/PUN/2025[2015-16]Status: DisposedITAT Pune17 Dec 2025AY 2015-16

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Sarang Gudhate, CAFor Respondent: Shri Manoj Tripathi, Addl.CIT
Section 250Section 271(1)(c)Section 44ASection 54B

142(1) of the Act were served upon the assessee. Ld.AO observed that assessee has shown LTCG at ₹ 90,95,120/-, and against this income, has claimed deduction u/s. 54F & 54B of the Act and declared NIL income under capital gain. Ld.AO, further on examination of records, observed that on account of transaction of conversion of capital asset into stock

TULSABAI VASANT DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

ITA 1838/PUN/2025[2015-16]Status: DisposedITAT Pune17 Dec 2025AY 2015-16

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Sarang Gudhate, CAFor Respondent: Shri Manoj Tripathi, Addl.CIT
Section 250Section 271(1)(c)Section 44ASection 54B

142(1) of the Act were served upon the assessee. Ld.AO observed that assessee has shown LTCG at ₹ 90,95,120/-, and against this income, has claimed deduction u/s. 54F & 54B of the Act and declared NIL income under capital gain. Ld.AO, further on examination of records, observed that on account of transaction of conversion of capital asset into stock

AMOL VASANT DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

ITA 1837/PUN/2025[2015-16]Status: DisposedITAT Pune17 Dec 2025AY 2015-16

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Sarang Gudhate, CAFor Respondent: Shri Manoj Tripathi, Addl.CIT
Section 250Section 271(1)(c)Section 44ASection 54B

142(1) of the Act were served upon the assessee. Ld.AO observed that assessee has shown LTCG at ₹ 90,95,120/-, and against this income, has claimed deduction u/s. 54F & 54B of the Act and declared NIL income under capital gain. Ld.AO, further on examination of records, observed that on account of transaction of conversion of capital asset into stock

SHRI MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

ITA 1178/PUN/2023[2011-12]Status: DisposedITAT Pune19 Feb 2025AY 2011-12
Section 132Section 132(1)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

1. Accommodation loan entries\n9\nITA No.1178/PUN/2023\nITA No.2017/PUN/2024\n6.2.1 The AO passed the assessment order under section 143(3) rws 148 of the act\non 28/12/2018 by making a total addition of Rs 2,79,78,912/-. The addition of this\namount has been made by the assessing officer by arriving at the figure of net\ncredit

MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

ITA 2017/PUN/2024[2011-12]Status: DisposedITAT Pune19 Feb 2025AY 2011-12
Section 132Section 132(1)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

1. Accommodation loan entries\n9\nITA No.1178/PUN/2023\nITA No.2017/PUN/2024\n6.2.1 The AO passed the assessment order under section 143(3) rws 148 of the act\non 28/12/2018 by making a total addition of Rs 2,79,78,912/-. The addition of this\namount has been made by the assessing officer by arriving at the figure of net\ncredit

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. OMPRAKASH ASARAM MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

ITA 140/PUN/2024[2011]Status: DisposedITAT Pune17 Jul 2025

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

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

142(1) dated 15th November 2021 seeking details to which the Petitioner filed a response dated 24th November 2021 and objected to the re-assessment by communication dated 28th January 2022. The objections were disposed of on 11th February 2022. Another notice was issued on 25th February 2022 which led to filing of this Petition. 5. Since the impugned notice

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. ASHISH OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

ITA 148/PUN/2024[2012]Status: DisposedITAT Pune17 Jul 2025

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

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

142(1) dated 15th November 2021 seeking details to which the Petitioner filed a response dated 24th November 2021 and objected to the re-assessment by communication dated 28th January 2022. The objections were disposed of on 11th February 2022. Another notice was issued on 25th February 2022 which led to filing of this Petition. 5. Since the impugned notice

INCOME TAX OFFICER, WARD -1, JALNA, JALNA vs. PRAMILA OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

ITA 146/PUN/2024[2012]Status: DisposedITAT Pune17 Jul 2025

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

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(38)Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151

142(1) dated 15th November 2021 seeking details to which the Petitioner filed a response dated 24th November 2021 and objected to the re-assessment by communication dated 28th January 2022. The objections were disposed of on 11th February 2022. Another notice was issued on 25th February 2022 which led to filing of this Petition. 5. Since the impugned notice