BharatTax.net
SearchITATHigh CourtsSupreme CourtAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

17 results for “capital gains”+ Section 234Aclear

Sorted by relevance

Delhi248Mumbai233Jaipur86Bangalore86Hyderabad37Ahmedabad30Indore19Nagpur18Pune17Chennai16Kolkata14Ranchi13Amritsar11Jodhpur10Visakhapatnam9Patna8Guwahati5Jabalpur4Surat4Agra3Chandigarh3Rajkot3Lucknow2Allahabad1Dehradun1Raipur1

Key Topics

Section 234A19Section 143(3)18Section 15416Section 115J15Addition to Income14Section 80P12Section 14810Section 143(2)9Section 1478Deduction

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

capital gains earned during the subject year 8. Erroneous levy of interest under section 234A of the Act The NFAC

JAGANNATH SAMBHAJI SATAV,PUNE vs. ITO WARD 12(4), PUNE, PUNE

6
Capital Gains5
Natural Justice5

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

ITA 607/PUN/2024[2014-15]Status: DisposedITAT Pune24 Sept 2024AY 2014-15

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

For Appellant: Shri Digambar SurwaseFor Respondent: Shri Ramnath P. Murkunde
Section 139Section 143(3)Section 147Section 148Section 234ASection 234BSection 250

capital gain. The learned CIT (A) erred in confirming that amount received by appellant was on account of a sale of tenancy rights. 9. On facts and circumstances of case and in law, the learned, the order passed by learned AO under section 143(3) r.w.s 147 of the Income Tax Act, 1961 is bad in law and void

VAISHALI KESHAV KULKARNI,PUNE vs. ITO WARD 13(2), PUNE

In the result the Grounds Numbers 2, 3 and 4 raised by the assessee are allowed

ITA 540/PUN/2025[2015-16]Status: DisposedITAT Pune28 May 2025AY 2015-16
Section 147Section 148Section 148ASection 149Section 250

Sections 234A, 234B and 234C of the Act.\n7.\nYour appellant craves leave to add, amend, modify alter and / or delete any of the above grounds of appeal on or before the date of hearing.\nDelay condonation :\n1.1 There is a delay of 16 days in filing appeal before this Tribunal. We have perused the submission and found that there

DIMPLE RAJESH OSWAL,PUNE vs. INCOME TAX OFFICER WARD 5(1), PUNE

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

ITA 1506/PUN/2025[2016-17]Status: DisposedITAT Pune14 Oct 2025AY 2016-17

Bench: Shri R. K. Pandaassessment Year : 2016-17

For Appellant: Shri Bharat ShahFor Respondent: Ms. Sailee Dhole, JCIT
Section 143(2)Section 143(3)Section 148Section 148ASection 56(2)(vii)

capital gain. We are attaching herewith computation sheet for the return filed for the AY 2016-17 (Annexure 6) 6. Here the assessing officer has considered the difference between the sale value disclosed in the sale deed vis-à-vis determined by the Stamp Duty Valuation Authority, as income in the hands of the assessee and brought

M/S. FIAT INDIA AUTOMOBILES PRIVATE LIMITED,PUNE vs. ACIT CIRCLE 1(1), PUNE

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

ITA 1027/PUN/2025[2014-15]Status: DisposedITAT Pune08 Jan 2026AY 2014-15

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Shri Percy PardiwallaFor Respondent: Shri Amol Khairnar
Section 115JSection 143(3)Section 154

gains under the Act, in addition it being a recognised accounting principle. Therefore, the AO, in the process of calculation of correct book profit on account of reduction in capital applied the FIFO principle to the business loss which first existed / occurred in the books of account of the appellant. In the Extraordinary General Meeting (EGM) of the appellant

DY. COMMISSIONER OF INCOME TAX CIRCLE-1(1) , PUNE vs. FIAT INDIA AUTOMOBILES PRIVATE LIMITED, PUNE

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

ITA 1098/PUN/2025[2014-15]Status: DisposedITAT Pune08 Jan 2026AY 2014-15

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Shri Percy PardiwallaFor Respondent: Shri Amol Khairnar
Section 115JSection 143(3)Section 154

gains under the Act, in addition it being a recognised accounting principle. Therefore, the AO, in the process of calculation of correct book profit on account of reduction in capital applied the FIFO principle to the business loss which first existed / occurred in the books of account of the appellant. In the Extraordinary General Meeting (EGM) of the appellant

NANDU ATMARAM WAJEKAR,PANVEL RAIGAD DISTRICT vs. ACIT CIRCLE PANVEL, PANVEL RAIGAD

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

ITA 66/PUN/2025[2017-18]Status: DisposedITAT Pune27 May 2025AY 2017-18

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18

For Appellant: Shri Bharat H ShahFor Respondent: Shri Amol Khairnar CIT-DR
Section 147Section 183Section 183(1)Section 184Section 185Section 187(1)Section 187(3)Section 197

234A and 234B. Just and proper relief be granted to the assessee in this respect. 6) The Appellant prays to be allowed to add, amend, modify, rectify, delete, raise any ground of appeal before or at the time of hearing. 9 9. The Ld. Counsel for the assessee strongly challenged the order of the Ld. CIT(A) / NFAC in confirming

KALA ARVIND JAIN,AURANGABAD vs. INCOME TAX OFFICER, WARD 1(1), AURANGABAD, AURANGABAD

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

ITA 389/PUN/2024[2018-19]Status: DisposedITAT Pune21 Oct 2024AY 2018-19

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

For Appellant: Shri S.N. PuranikFor Respondent: Shri Ramnath P. Murkunde
Section 11Section 143(1)Section 143(2)Section 234ASection 234BSection 45Section 54F

234A is nor attracted as Return is filed within extended Due date i.e. 31.08.2018. Appellant prays for cancellation of Interest Charged Rs.4,42,162. 6. Interest u/s 234B from 01.09.2018 upto March 2021 without giving credit for SA Tax paid on 31.08.2018. Interest is levied upto Date of Month of Assessment Order i.e. 30.03.2021. 5. CIT(A) is not Just

YOGESH JAGANNATH SATAV,PUNE vs. ITO, WARD-12(4), PUNE, PUNE

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

ITA 2022/PUN/2025[2014-15]Status: DisposedITAT Pune28 Jan 2026AY 2014-15

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.2022/Pun/2025 धििाारण वर्ा / Assessment Year : 2014-15 Yogesh Jagannath Satav, The Income Tax Officer, Fadai Chowk, Nagar Road, Ward – 12(4), Pune Wagholi, Taluka-Haveli, Vs. Pune-412207 Pan : Bbtps3761B अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Digambar Surwase Department By : Shri Manish Mehta Date Of Hearing : 20-01-2026 Date Of 28-01-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 12.06.2025 Of The Ld. Additional/Joint Commissioner Of Income Tax (Appeals)-2, Chennai [“Addl./Jcit(A)”] Pertaining To Assessment Year (“Ay”) 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law, The Learned Cit(A) (National Faceless Assessment Centre) Erred In Dismissing The Appeal Of Appellant Even Though Form-5 Under Direct Taxes Vivad Se Vishwas Scheme Was Not Issued The Appellant By Jurisdictional Commissioner Of Income Tax. The Appellant Prays That Appeal May Be Restored Back To File To Of Cit(A) For Hearing The Appeal On Merits. 2. On The Facts & Circumstances Of The Case & In Law, The Order Passed Under Section 250 By Cit(A) Nfac, Delhi Dismissing The Appeal Is Wholly Illegal, Unlawful & Against The Principal Of Natural Justice. The Appellant Prays For Just, Fair & Appropriate Relief. 3. On The Facts & Circumstances Of The Case & In Law, Cit(A) Nfac Erred In Not Passing A Speaking Order On The Grounds Raised By The Appellant Before Nafc. The Appellant Prays For Just, Fair & Appropriate Relief. 4. On The Facts & Circumstances Of The Case & In Law, The Appellant Prays That Appeal Deemed To Be Withdrawn, May Be Revived.

For Appellant: Shri Digambar SurwaseFor Respondent: Shri Manish Mehta
Section 143(2)Section 143(3)Section 148Section 234ASection 234BSection 250

capital gain is taxable in the absence of cost of acquisition. 12. On the facts and circumstances of the case and in law, the learned CIT(A) NFAC erred in confirming the interest charged under section 234A

NANASAHEB BHAGAWAN SASAR,PUNE vs. ITO, WARD 2(2), PUNE, PUNE

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

ITA 722/PUN/2025[2022-23]Status: DisposedITAT Pune22 Sept 2025AY 2022-23

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

For Appellant: Shri Suhas BoraFor Respondent: Shri Ramnath P Murkunde
Section 139(4)Section 143(1)Section 154Section 194ASection 234A

capital gains on sale of land is shown in the IT'R of assessee and his son Mr. Amit Sasar in ratio of 1:1 and paid the tax liability due thereon." 2.1 Thereafter, intimation order u/s 143(1) of the Act was issued by the Ld. Assessing Officer/Central Processing Centre [(“AO”)/(“CPC”)] on 27.02.2023 wherein the Ld. AO/CPC considered

DHANOTTAM VASANT LONKAR,PUNE vs. INCOME-TAX OFFICER, WARD 3(3), , PUNE

In the result, the appeal of the assessee is allowed

ITA 214/PUN/2022[2013-14]Status: DisposedITAT Pune08 Apr 2025AY 2013-14
Section 129Section 142(1)Section 143(2)Section 143(3)Section 234ASection 54FSection 68

234A, 234B, 234C etc. Prays\nto cancel the same.\n7) Appellant prays to add, alter, amend, take additional grounds,\nsubmit additional evidence and / or during or pending proceeding.\nAdditional Ground\nIncome Tax Officer Ward-3(3), Pune has erred is passing Order u/s\n143(3) without having Pecuniary Jurisdiction.\nAppellant prays to declare the said Order

SIDDHANT MACHINDRA MHASKE,PUNE vs. INCOME TAX OFFICER, WARD-7(3), PUNE, PUNE

Appeal is allowed in above terms

ITA 318/PUN/2023[2011-12]Status: HeardITAT Pune02 May 2023AY 2011-12

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: -None-For Respondent: Shri M.G. Jasnani
Section 139(9)Section 143(3)Section 147Section 148Section 154Section 234A

234A was not warranted. 5) The appellant craves leave to add, alter, amend or delete any of the above grounds of appeal.” 3. We take note of the basic relevant facts regarding the assessee’s sole substantive grievance raised in the instant appeal that both the learned lower authorities have erred in law and on facts in raising sec.234A interest

DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, SWARGATE,PUNE vs. MAHARASHTRA STATE BOARD OF SECONDARY & HIGHER SECONDARY EDUCATION, PUNE

In the result, the appeal of the assessee is allowed

ITA 825/PUN/2025[2022-2023]Status: DisposedITAT Pune24 Oct 2025AY 2022-2023

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2022-23

For Appellant: Shri Piyush BafnaFor Respondent: Shri Ratnakar Bhimrao Shelake
Section 10Section 10(46)Section 143(1)

section 10(46) of the Act whereby the entire income earned by the Appellant board was exempt 6 CO No.19/PUN/2025 and therefore, the impugned addition of Rs.5,91,66,438 made in the intimation order is invalid and bad in law and therefore, the same may please be quashed and set aside. 7. On the facts and in the circumstances

BVG INDIA LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), PUNE, PUNE

In the result, the appeal of the assessee is allowed

ITA 516/PUN/2023[2020-21]Status: DisposedITAT Pune19 Oct 2023AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

For Appellant: Shri Vijay Mehta & Sneha M. PadhiarFor Respondent: S/Shri Ajay Kumar Kesari & Abdhesh Kumar
Section 132Section 142(1)Section 144Section 153ASection 153D

capital gains because these were created out of bank deposits made in the bank accounts of the assessees after the money transferred from the account of M/s. Alfa India. No telescopic benefit have been given as it was out of the source deposited in the bank accounts of the assessees. Netting of the money left have also not been considered

UDAY JAWAHAR KOTNIS,PUNE vs. INCOME TAX OFFICER, PUNE

ITA 1/PUN/2024[2017 - 2018]Status: DisposedITAT Pune10 Jul 2024

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.01/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Uday Jawahar Kotnis, Vs. Ito, Ward-13(2), Pune. 601 A Building, Waterfront, Kalyani Nagar, Pune- 411001. Pan : Abtpk0141N Appellant Respondent Assessee By Shri V. L. Jain : Revenue By : Shri Sourabh Nayak Date Of Hearing : 29.05.2024 Date Of Pronouncement : 10.07.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.11.2023 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Ao Has Erred On Facts & In Law In Making An Addition Of Rs.1,75,00,000/- As Commission Under The Head Income From Other Sources. 2. The Appellant Craves Leave To Amend Or Alter Any Of The Grounds Of Appeal Or Add To The Same, If Deemed Necessary.

For Respondent: Shri Sourabh Nayak
Section 143(3)Section 156Section 2(27)Section 234ASection 270A(9)(a)Section 274

Capital Gains, Investment in immovable property & deduction against income from other sources.” 4. During the course of assessment proceedings, statutory notice was issued to the assessee & in reply assessee furnished necessary information & documents. After considering the reply of the assessee & in the absence of evidences in support of claim of deduction of Rs.1,75,00,000/- made by the assessee

SHARAD GRAMIN BIGARSHETI SAHAKARI PATSANSTHA LIMITED,NIRGUDSAR vs. INCOME TAX OFFICER, WARD 10(5). PUNE, AKURDI

In the result, appeal of the assessee is allowed

ITA 433/PUN/2025[2017-18]Status: DisposedITAT Pune27 Jun 2025AY 2017-18

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.433 & 434/Pun/2025 िनधा"रण वष" / Assessment Years: 2017-18 & 2018-19 Sharad Gramin Bigarsheti V The Income Tax Officer, Sahakari Patsanstha Ltd., S Ward-10(5), Pune. Sharad Gamin Bigarsheti Sanstha, Nirgoodsar, Pune – 412406. Maharashtra. Pan: Aabas8790H Appellant/ Assessee Respondent / Revenue Assessee By Shri Dhiraj S Dandgaval – Ar Revenue By Shri Rajesh Haladkar – Addl.Cit(Dr) Date Of Hearing 26/06/2025 Date Of Pronouncement 27/06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961, Both Dated 28.11.2024 For The Assessment Year 2017-18 & 2018-19 Respectively. For The Sake Of Convenience, These Two Appeals Were Heard Together & Are Being Disposed Of By This

Section 234ASection 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

234A, 234B and 234C is not justified. 5. The appellant craves to leave, add/amend, delete or withdraw any of the above grounds of appeal during the appellate proceedings in the interest of natural justice.” Findings & Analysis : 2. We have heard both the parties and perused the records. Assessee is a Co-operative Credit Society duly registered under Maharashtra State

SHARAD GRAMIN BIGARSHETI SAHAKARI PATSANSTHA LIMITED,NIRGUDSAR vs. INCOME TAX OFFICER, WARD 10(5). PUNE, AKURDI

In the result, appeal of the assessee is allowed

ITA 434/PUN/2025[2018-19]Status: DisposedITAT Pune27 Jun 2025AY 2018-19

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.433 & 434/Pun/2025 िनधा"रण वष" / Assessment Years: 2017-18 & 2018-19 Sharad Gramin Bigarsheti V The Income Tax Officer, Sahakari Patsanstha Ltd., S Ward-10(5), Pune. Sharad Gamin Bigarsheti Sanstha, Nirgoodsar, Pune – 412406. Maharashtra. Pan: Aabas8790H Appellant/ Assessee Respondent / Revenue Assessee By Shri Dhiraj S Dandgaval – Ar Revenue By Shri Rajesh Haladkar – Addl.Cit(Dr) Date Of Hearing 26/06/2025 Date Of Pronouncement 27/06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961, Both Dated 28.11.2024 For The Assessment Year 2017-18 & 2018-19 Respectively. For The Sake Of Convenience, These Two Appeals Were Heard Together & Are Being Disposed Of By This

Section 234ASection 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

234A, 234B and 234C is not justified. 5. The appellant craves to leave, add/amend, delete or withdraw any of the above grounds of appeal during the appellate proceedings in the interest of natural justice.” Findings & Analysis : 2. We have heard both the parties and perused the records. Assessee is a Co-operative Credit Society duly registered under Maharashtra State