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8 results for “capital gains”+ Section 391clear

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Key Topics

Section 115J11Section 143(3)10Addition to Income7Section 40A(3)5Section 143(2)4Section 10A4Section 1484Disallowance4Section 56(2)(vii)3

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

391 as compared to the book profits at INR 27,07,96,737 offered in the return of income. 3.2 The NFAC / Ld.AO erred in not providing the Appellant with an opportunity of being heard in response to the adjustments of book profits under section 115JB of the Act during the assessment proceedings and transfer pricing proceedings, thus violating

Deduction3
Section 322
Transfer Pricing2

JOINT COMMISSIONER OF INCOME TAX (OSD), PUNE vs. SURESH KUMAR LAKHOTIA , PUNE

In the result, appeal of the Revenue is Partly Allowed

ITA 24/PUN/2024[2018-19]Status: DisposedITAT Pune27 Sept 2024AY 2018-19

Bench: Ms. Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.24/Pun/2024 िनधा"रण वष" / Assessment Year:2018-19 Vs Suresh Kumar Lakhotia, The Joint Commissioner Of Income Tax(Osd), 3A/3B, Archies Court Pune. Shankersheth Road, Ghorpade Peth, Pune – 411042. Pune – 411042. Pan: Aazpl4337L Appellant / Revenue Respondent / Assessee Assessee By Shri Devdatta Mainkar – Ar Revenue By Shri Ajay Keshari – Dr Date Of Hearing 14/08/2024 Date Of Pronouncement 27/09/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Is Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act, 1961 Dated 09.11.2023 For The Assessment Year 2018-19. The Revenue Has Raised The Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law, The Id. Cit(A) Erred In Accepting The Assessee'S Contention That The Additional Capital Introduced In Ay 2018- 19 Represents Accumulated Suresh Kumar Lakhotia [R]

Section 250Section 68o

gains, other sources and exempt income earned over last 20 years. • There is merely change in disclosure / presentation in ITR by reporting opening personal capital as on 01.04.2017 and not actual addition of capital during the year. • In support of above contention, documentary evidences such as details of income from AY2006-07 to AY2017-18, CA certified personal balance sheets

ITO, WARD-1(1), SOLAPUR, SOLAPUR vs. MS. KSHIRSAGAR FABRICS, SOLAPUR

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

ITA 97/PUN/2024[2009-10]Status: DisposedITAT Pune17 Sept 2024AY 2009-10

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2009-10

For Appellant: Shri Nikhil PathakFor Respondent: Shri Sourabh Nayak, Addl. CIT
Section 143(3)Section 147Section 148Section 40A(3)

capital gain as casual income could not be said to be based on change of opinion. Accordingly, the re-assessment proceedings were held to be valid. Relying on the following decisions, he submitted that the re-assessment proceedings initiated by the Assessing Officer are in accordance with law: 1. CIT vs. P.V.S. Beedies

BHANDARI ASSOCIATES,PUNE vs. PR. COMMISSIONER OF INCOME TAX 2, PUNE, PUNE

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

ITA 1227/PUN/2024[2018-19]Status: DisposedITAT Pune14 Aug 2025AY 2018-19

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19

For Appellant: Shri Suhas P Bora and Ms. Sampada S IngaleFor Respondent: Shri Amol Khairnar, CIT-DR
Section 133(6)Section 143(2)Section 143(3)Section 263

capital gain calculation and copy of deed.” 23. We find the assessee in response to the said notice has submitted various details, copy of which is placed at page 374 of the paper book. We find as per para 1 of the said letter the assessee has enclosed the following details: “1. Details of person from whom unsecured loan taken

LIQUIDHUB ANALYTICS PVT. LTD. (NOW MERGED WITH CAPGEMINI TECHNOLOGY SERVICES INDIA LTD),PUNE vs. NFAC, PUNE

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

ITA 1952/PUN/2024[2020-21]Status: DisposedITAT Pune25 Mar 2025AY 2020-21

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2020-21

For Appellant: Shri Nikhil PathakFor Respondent: Smt Nilu Jaggi, CIT
Section 143Section 143(3)Section 144C(1)

capital gains amounting to INR 3,26,81,816 at an incorrect rate of 25% instead of 20% under section 112 of the Act and has consequently computed incorrect tax liability 7. The Lid AO has erred in computing the tax liability on income earned by the Appellant from business operations and other sources by applying at an incorrect base

ACIT, CENTRAL CIRCLE-1, NASHIK, NASHIK vs. RAJENDRA RASIKLAL SHAH, NASHIK

In the result, the appeal of the Revenue is dismissed

ITA 1016/PUN/2024[2016-17]Status: DisposedITAT Pune20 Mar 2025AY 2016-17
Section 143(1)Section 143(2)Section 147Section 250Section 56(2)(vii)

391 ITR 154 (P&H). While concluding, Ld. Counsel for the assessee also referred to the affidavit of the vendor, No.4 i.e. seller of the property Milind Balasaheb Kale affirming the receipt of the part consideration through banking channel on 08.01.1997. He therefore prayed that the finding of ld.CIT(A) may be affirmed.\n7. We have considered the rival contentions

DCIT CIRCLE 1(1), PUNE, SWARGATE vs. ENTRATA INDIA PVT. LTD, PUNE

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

ITA 66/PUN/2024[2013-14]Status: DisposedITAT Pune24 Dec 2024AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.133/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Entrata India Pvt. Ltd., Vs. Dcit, Circle-1(1), Pune. International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent आयकर अपील सं. / Ita No.66/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Dcit, Circle-1(1), Pune. Vs. Entrata India Pvt. Ltd., International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 14.11.2024 : Date Of Pronouncement : 24.12.2024 आदेश / Order Per Vinay Bhamore, Jm: These Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 24.11.2023 Passed By Ld. Cit(A)-13, Pune [‘Cit(A)’] For The Assessment Year 2013-14. 2. First, We Shall Take Up The Appeal Of The Assessee In Ita No.133/Pun/2024 For Adjudication.

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Ramnath P. Murkunde
Section 10ASection 115JSection 143(2)Section 143(3)Section 32

capital in nature. Accordingly, without going into merits of the case of the assessee, we set-aside the impugned order of Ld. CIT(A) on this limited issue with a direction to decide this ground of appeal afresh as per fact and law after providing reasonable opportunity of hearing to the assessee. The assessee is also directed to produce

ENTRATA INDIA PVT. LTD. ,PUNE vs. DCIT, CIRCLE-1(1), PUNE, PUNE

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

ITA 133/PUN/2024[2013-14]Status: DisposedITAT Pune24 Dec 2024AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.133/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Entrata India Pvt. Ltd., Vs. Dcit, Circle-1(1), Pune. International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent आयकर अपील सं. / Ita No.66/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Dcit, Circle-1(1), Pune. Vs. Entrata India Pvt. Ltd., International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 14.11.2024 : Date Of Pronouncement : 24.12.2024 आदेश / Order Per Vinay Bhamore, Jm: These Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 24.11.2023 Passed By Ld. Cit(A)-13, Pune [‘Cit(A)’] For The Assessment Year 2013-14. 2. First, We Shall Take Up The Appeal Of The Assessee In Ita No.133/Pun/2024 For Adjudication.

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Ramnath P. Murkunde
Section 10ASection 115JSection 143(2)Section 143(3)Section 32

capital in nature. Accordingly, without going into merits of the case of the assessee, we set-aside the impugned order of Ld. CIT(A) on this limited issue with a direction to decide this ground of appeal afresh as per fact and law after providing reasonable opportunity of hearing to the assessee. The assessee is also directed to produce