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20 results for “capital gains”+ Section 4Aclear

Sorted by relevance

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Key Topics

Section 153A22Section 1019Search & Seizure13Section 143(3)12Section 1279Addition to Income9Section 1328Section 2(15)8Section 2638Section 11

JAYANT PROMOTERS LLP (EARLIER JAYANT PROMOTERS PVT.LTD),,PUNE vs. PR. COMMISSIONER OF INCOME-TAX -6,, PUNE

Appeal is dismissed

ITA 1243/PUN/2018[2015-16]Status: DisposedITAT Pune28 Sept 2022AY 2015-16

Bench: Shri S.S.Godara & Shri Inturi Rama Raoआयकर अपीलसं. / Ita No.1243/Pun/2018 िनधा"रणवष" / Assessment Year : 2015-16 Jayant Promoters Llp (Earlier The Principal Commissioner Jayant Promoters Pvt. Ltd.,), Vs Of Income Tax, Pune – 6. Khandelwal Jain & Associates, . Alankar Cinema Building, 1St Floor, Above United Bank, Punbe – 411001. Pan: Aaccj 1265 H Appellant/ Assessee Respondent /Revenue Assessee By Shri Sarvesh Khandelwal & R G Nahar – Ar Revenue By Shri Sunil Kumar – Dr Date Of Hearing 06/09/2022 Date Of Pronouncement 28/09/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’S Appeal For Assessment Year 2015-16 Is Directed Against The Principle Commissioner Of Income Tax-6, Pune’S Order No.Pn/Pcit-6/263/2018-19 Dated 30/05/2018, In Proceedings U/S.263 Of The Income Tax Act, 1961 [In Short “The Act”].

Section 263

section 2(4A) chargeable to capital gains tax under section 12B of the Indian Income- tax Act, 1922. Considering the vary

ASHOK VIJAYKUMAR KOTECHA,JALGAON vs. ACIT, CIRCLE 1, JALGAON, JALGAON

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

7
Deduction6
Exemption5
ITA 1453/PUN/2023[2011-12]Status: DisposedITAT Pune24 Feb 2025AY 2011-12

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2011-12

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Uma Shankar Prasad
Section 143(3)Section 147Section 148Section 153A

4A) of the Act, all the transactions found recorded on the seized papers are to be treated as true and genuine. Without any corroborative evidences, simple denial by the appellant regarding correctness of the recorded transactions would not rebut the presumption. It is therefore held that appellant has purchased long term capital gain in his name and in name

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1700/PUN/2024[2017-18]Status: DisposedITAT Pune09 Jan 2025AY 2017-18

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

4A), about the contents of the seized material has to be either completely true or complete false and the revenue is not entitled to be selective or adopting a pick and choose approach. The nature of payments has been mentioned on the excel sheets which evidently proves that the expenses are incurred for business purposes only and once entire receipts

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1697/PUN/2024[2014-15]Status: DisposedITAT Pune09 Jan 2025AY 2014-15

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

4A), about the contents of the seized material has to be either completely true or complete false and the revenue is not entitled to be selective or adopting a pick and choose approach. The nature of payments has been mentioned on the excel sheets which evidently proves that the expenses are incurred for business purposes only and once entire receipts

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1699/PUN/2024[2016-17]Status: DisposedITAT Pune09 Jan 2025AY 2016-17

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

4A), about the contents of the seized material has to be either completely true or complete false and the revenue is not entitled to be selective or adopting a pick and choose approach. The nature of payments has been mentioned on the excel sheets which evidently proves that the expenses are incurred for business purposes only and once entire receipts

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1698/PUN/2024[2015-16]Status: DisposedITAT Pune09 Jan 2025AY 2015-16

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

4A), about the contents of the seized material has to be either completely true or complete false and the revenue is not entitled to be selective or adopting a pick and choose approach. The nature of payments has been mentioned on the excel sheets which evidently proves that the expenses are incurred for business purposes only and once entire receipts

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1703/PUN/2024[2020-21]Status: DisposedITAT Pune09 Jan 2025AY 2020-21

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

4A), about the contents of the seized material has to be either completely true or complete false and the revenue is not entitled to be selective or adopting a pick and choose approach. The nature of payments has been mentioned on the excel sheets which evidently proves that the expenses are incurred for business purposes only and once entire receipts

DADASAHEB TIRODKAR SHAIKSHANIK ACADEMY,SINDHUDURG vs. ITOD EXEMPTION WARD, KOLHAPUR

In the result, appeal of the assessee is partly allowed

ITA 1016/PUN/2025[2017-18]Status: DisposedITAT Pune30 Jul 2025AY 2017-18
Section 10Section 10(21)Section 10(228)Section 10(24)Section 10(46)Section 10(47)Section 11Section 11(3)Section 13ASection 13B

capital gains (13ilia +13iiib) (enter nil if loss)\n13ific\n0\niv\nIncome from other sources [as per item no. 4 of Schedule OS]\n13iv\n0\nV\nTotal (13i + 13ii + 13ilic + 13iv)\n13v\n0\n14\nGross income [7+11+13v-8-9-10-12]\n14\n0\n15\nLosses of current year to be set off against 13v (total

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

capital receipts. The submission of the appellant are considered to be correct and the action of the Ld. AO making addition of Rs.2,15,72,616/- is hereby deleted. The grounds of appeal nos. 3,4& 5 are allowed. Ground No.6:- Against the Ld. AO in treating the amount of Rs.2,78,00,000/- credited to immovable property fund

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

capital receipts. The submission of the appellant are considered to be correct and the action of the Ld. AO making addition of Rs.2,15,72,616/- is hereby deleted. The grounds of appeal nos. 3,4& 5 are allowed. Ground No.6:- Against the Ld. AO in treating the amount of Rs.2,78,00,000/- credited to immovable property fund

ASSISTANT COMMISSIONER OF INCOME-TAX,CENTRAL CIRCLE - 2(2),, PUNE vs. M/S SINHGAD TECHNICAL EDUCATION SOCIETY (TRUST), PUNE

In the result, the appeal of the Revenue in ITA

ITA 1654/PUN/2017[2014-15]Status: DisposedITAT Pune01 Apr 2022AY 2014-15

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl. It(Ss)A No./ Name Of Appellant Name Of Respondent Asst. No.

For Appellant: Shri Chetan A. KariaFor Respondent: Shri Abhinay Kumbhar
Section 11Section 12ASection 132Section 153A

4A) of Section 132 of the Act, the Assessing Officer was justified in drawing presumption against the assessee and had made addition of Rs.9 lakhs in his income under Section 68 of the Act. The onus was upon the assessee to have produced cogent material to rebut the aforesaid presumption which he had failed to displace. The assessee retracted from

DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE -5, PUNE vs. SERUM INSTITUTE OF INDIA PVT LTD.,, PUNE

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

ITA 323/PUN/2021[2013-14]Status: DisposedITAT Pune15 Sept 2022AY 2013-14
For Appellant: Shri Percy PardiwallaFor Respondent: Shri J. P. Chadraker
Section 10ASection 14ASection 35Section 35(1)

capital expenditure and cannot be allowed as deduction. 29. On the other hand, ld. Sr. Counsel submits that the expenditure which does not qualify for weighted deduction can be allowed as revenue expenditure either under the provisions of section 35(1)(iv) or u/s 37(1) of the Act. He submits that this issue was covered by the decision

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

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

ITA 725/PUN/2022[2018-19]Status: DisposedITAT Pune28 Jun 2023AY 2018-19

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / It(Ss)A Nos.91 To 96/Pun/2022 िनधा"रण वष" / Assessment Years : 2012-13 To 2017-18 Shri Manoj Madanlal Vs. Acit, Central Circle- Chhajed, 1(1), Pune. 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent आयकर अपील सं. / It(Ss)A Nos.97 & 98/Pun/2022 िनधा"रण वष" / Assessment Years : 2012-13 & 2015-16 Acit, Circle-1(1), Pune. Vs. Shri Manoj Madanlal Chhajed, 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent आयकर अपील सं. / Ita No.725/Pun/2022 िनधा"रण वष" / Assessment Year: 2018-19 Shri Manoj Madanlal Vs. Acit, Circle-1(1), Pune. Chhajed, 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent

For Appellant: Shri Ratan SamalFor Respondent: Shri Keyur Patel
Section 132(4)Section 139(1)

4A) r.w.s. 292C of the Act. B. As regards, the addition made on account on-money purchase consideration and receipt of on-money consideration, he submits that the notings found in the Diary of 2009 clearly indicates the transaction of unaccounted receipts as well as payments at the time of purchase of property. Therefore, he submits that the orders

SANJAY MANAKCHAND KOTECHA,,JALGAON vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of assessee are dismissed

ITA 435/PUN/2016[2011-12]Status: DisposedITAT Pune15 Jun 2022AY 2011-12

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपऩल सं. / Ita Nos.435 & 436/Pun/2016 ननधधारण वषा / Assessment Years : 2011-12 & 2012-13

For Appellant: None (Shri Bhupendra Shah)For Respondent: Shri M. Jasnani
Section 132Section 69

4A) of the Income-tax Act, 1961 (hereinafter referred to as „the Act‟). Therefore, since the issues raised in this appeal are similar to the issues raised in the case of Dellip V. Kotecha and by following the finding rendered therein, we confirm the order of CIT(A). Thus, ground Nos.2 to 4 raised by the assessee are dismissed

SANJAY MANAKCHAND KOTECHA,,JALGAON vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of assessee are dismissed

ITA 436/PUN/2016[2012-13]Status: DisposedITAT Pune15 Jun 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपऩल सं. / Ita Nos.435 & 436/Pun/2016 ननधधारण वषा / Assessment Years : 2011-12 & 2012-13

For Appellant: None (Shri Bhupendra Shah)For Respondent: Shri M. Jasnani
Section 132Section 69

4A) of the Income-tax Act, 1961 (hereinafter referred to as „the Act‟). Therefore, since the issues raised in this appeal are similar to the issues raised in the case of Dellip V. Kotecha and by following the finding rendered therein, we confirm the order of CIT(A). Thus, ground Nos.2 to 4 raised by the assessee are dismissed

ASHOK VIJAYKUMAR KOTECHA,,JALGAON vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

ITA 1493/PUN/2015[2007-08]Status: DisposedITAT Pune27 Apr 2022AY 2007-08

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri M. G. Jasnani
Section 127Section 143(1)(a)Section 143(3)Section 153ASection 153CSection 234Section 271Section 271(1)(c)Section 292BSection 68

4A) remains uncontroverted by the appellant by leading necessary evidence. It would clear that it is a document showing the receipt of commission income, the onus lies upon the assessee to show that the said transaction was reflected in the regular books of account maintained and offered to tax. In the circumstances, Assessing Officer would be justified in drawing adverse

ASHOK VIJAYKUMAR KOTECHA,,JALGAON vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

ITA 1492/PUN/2015[2006-07]Status: DisposedITAT Pune27 Apr 2022AY 2006-07

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri M. G. Jasnani
Section 127Section 143(1)(a)Section 143(3)Section 153ASection 153CSection 234Section 271Section 271(1)(c)Section 292BSection 68

4A) remains uncontroverted by the appellant by leading necessary evidence. It would clear that it is a document showing the receipt of commission income, the onus lies upon the assessee to show that the said transaction was reflected in the regular books of account maintained and offered to tax. In the circumstances, Assessing Officer would be justified in drawing adverse

ASHOK VIJAYKUMAR KOTECHA,,JALGAON vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

ITA 1494/PUN/2015[2012-13]Status: DisposedITAT Pune27 Apr 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri M. G. Jasnani
Section 127Section 143(1)(a)Section 143(3)Section 153ASection 153CSection 234Section 271Section 271(1)(c)Section 292BSection 68

4A) remains uncontroverted by the appellant by leading necessary evidence. It would clear that it is a document showing the receipt of commission income, the onus lies upon the assessee to show that the said transaction was reflected in the regular books of account maintained and offered to tax. In the circumstances, Assessing Officer would be justified in drawing adverse

DELLIP V. KOTECHA,,JALGAON vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

ITA 203/PUN/2016[2011-12]Status: DisposedITAT Pune25 Apr 2022AY 2011-12

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.203/Pun/2016 िनधा"रण वष" / Assessment Year: 2011-12 Dellip V. Kotecha, Vs. Acit, Central Circle- 1, 1, Pradhan Apartment, Nashik. Pratap Nagar, Jalgaon- 425001. Pan : Abcpk8441J Appellant Respondent Assessee By : Shri Bhupendra Shah Revenue By : Shri J. P. Chadraker Date Of Hearing : 21.03.2022 Date Of Pronouncement : 25.04.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 12, Pune [‘Cit(A)’ For Short] Dated 22.12.2015 For The Assessment Year 2011-12. 2. The Appellant Raised The Following Grounds Of Appeal :- “[A] Grounds Of Appeal: 1. In The Facts & Circumstances Of The Case & In Law, The Learned A.O. Erred In Assessing The Total Income Amounting To Rs.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri J. P. Chadraker
Section 127Section 143(3)Section 153ASection 234A

capital gains in respect of sale of shares of M/s S.V. Electricals. As regards Rs.1,38,38,000/-, the ld. CIT(A) confirmed the said addition by holding that the seized papers/documents revealed the transaction of advance of money and, therefore, upheld the addition. 5. Being aggrieved by the above decision of the ld. CIT(A), the appellant

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

gains\n3b\n0\nс.\nOther sources\n3c\n9360082\nd.\nu/s 115BBF\n3d\n0\ne.\nu/s 115BBG\n3e\n0\n4a\nProfit or loss included in 1, which is referred to in 4a\nsection\n0\n44AD/44ADA/44AE/44B/44BB/44BBA\n/44BBB/44D/44DA/44DB/First Schedule of Income-\ntax Act (other than profit from life insurance business\nreferred to in section 115B)\ni\n44AD\n4i\n0\n6\nBalance