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36 results for “capital gains”+ Section 56(2)(viii)clear

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Key Topics

Section 17172Section 92C(3)24Addition to Income18Section 2817Section 143(3)16Section 80P(2)(a)12Section 144C(8)12Section 143(2)8Section 35A8

MAHATMA GANDHI NAGRI SAHAKARI PAT SANSTHA MYDT UDGIR,LATUR vs. INCOME TAX OFFICER- WARD 1 -LATUR, LATUR

In the result, the appeal of the assessee is allowed

ITA 671/PUN/2025[2020-21]Status: DisposedITAT Pune09 Sept 2025AY 2020-21
For Appellant: \nDepartment by
Section 142(1)Section 80P(2)(a)Section 80P(2)(d)

gains of business attributable to any one or more of such\nactivities; (b) ..\n(c) .....\n(d) in respect of any income by way of interest or dividends derived by\nthe cooperative society from its investments with any other co-\noperative society, the whole of such incoте;\n(viii) At this juncture, attention is again invited to the relevant parts

RAM LAXMANRAO MITKARI,LATUR vs. INCOME-TAX OFFICER, WARD -3, LATUR

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

Showing 1–20 of 36 · Page 1 of 2

Search & Seizure8
Deduction7
Transfer Pricing7
ITA 574/PUN/2020[2013-14]Status: Disposed
ITAT Pune
23 Nov 2022
AY 2013-14

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

For Appellant: Shri Bharat ShahFor Respondent: Shri M.G. Jasnani
Section 143(3)Section 145ASection 28Section 56(2)(viii)

section 56(2) inserting clause (viii) w.e.f. 01-04-2010, it is overt that the ld. CIT(A) has taken an unexceptionable view in the matter pertaining to the A.Y. 2013-14. We, therefore, uphold the same. This ground is not allowed. 11. The only other issue which survives in this appeal is against the confirmation of addition of Rs.38

CHANDRAKANT VITHTHAL BHOPI,RAIGAD vs. ITO WARD 1 , PANVEL

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

ITA 2405/PUN/2024[2016-17]Status: DisposedITAT Pune07 May 2025AY 2016-17

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17 Chandrakant Viththal Bhopi Ito, Ward-1, Panvel At Chinchpada, Post Panvel, Tal. Vs. Panvel, Dist. Raigad – 410206 Pan: Bjdpb7610L (Appellant) (Respondent) Assessee By : Shri Nikhil S Pathak & Ajinkya M Vaishampayan Department By : Shri Ramnath P Murkunde Date Of Hearing : 05-05-2025 Date Of Pronouncement : 07-05-2025 O R D E R

For Appellant: Shri Nikhil S Pathak &For Respondent: Shri Ramnath P Murkunde
Section 11Section 142(1)Section 147Section 148Section 148ASection 151Section 2(14)Section 28Section 56(2)(viii)

capital gains from compensation or enhanced compensation from land acquisition, but not on interest on such compensation. In the present instance, the amount represents interest on enhanced compensation, but the compensation or enhanced compensation itself. Thirdly, reference is made to Section 57 (iv) rws 56(2)(viii

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)

56,44,960/- and the same was revised on 30.03.2015 at total income of Rs.306,36,31,370/-. Against the said return of income, the assessment was completed by the Dy. Commissioner of Income Tax, Circle-1(1), Pune (hereinafter called as the ‘Assessing Officer’) vide order dated 12.01.2017 passed u/s 143(3) r.w.s. 144C(13) of the Income

DNYANOBA SHAJIRAO JADHAV,,LATUR vs. INCOME-TAX OFFICER,,

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

ITA 168/PUN/2016[2011-12]Status: DisposedITAT Pune29 Jan 2018AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: N O N EFor Respondent: Shri Achal Sharma
Section 10(37)Section 143(2)Section 23Section 28Section 56(2)(viii)Section 57

56(2)(viii) of the Act. The Assessing Officer further held that the assessee is eligible for deduction @ 50% u/s. 57(iv) of such income. Accordingly, after allowing such deduction the Assessing Officer made addition of Rs.26,48,316/-. Aggrieved by assessment order dated 17-02-2014, the assessee filed appeal before the Commissioner of Income Tax (Appeals). The Commissioner

MADHAV PANDHARINATH KANDE,,LATUR vs. INCOME-TAX OFFICER ,,

Appeal is dismissed

ITA 2584/PUN/2016[2013-14]Status: DisposedITAT Pune28 Apr 2022AY 2013-14

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteshri Madhav Pandharinath The Income Tax Officer Kande Ward -3 Vs. A/P Dhanora, Tal. Ahmedpur Latur Latur 413515 Pan – Cbwpp1670A Appellant Respondent Appellant By: Shri Bharat Shah Respondent By: Shri S.P. Walimbe Date Of Hearing: 25.04.2022 Date Of Pronouncement: 28.04.2022 O R D E R Per S.S. Godara, Jm This Assessee’S Appeal For Ay 2013-14 Is Against The Order Of The Cit(A) 2, Aurangabad Dated 04.07.2017 Passed In Case No. Pn/Cit (A)-2/Set Aside/Pn/66/2011-12.755 Involving Proceedings Under Section 143(3) R.W.S. 260A Of The Income Tax Act, 1961 In Short The Act.

For Appellant: Shri Bharat ShahFor Respondent: Shri S.P. Walimbe
Section 143(3)Section 23Section 23(1)Section 23(2)Section 28Section 34Section 45Section 56(2)(viii)

56(2)(viii) r.w.s. 145A(b) of the Act. The CIT(A)’s detailed discussion affirming the Assessing Officer’s action to this effect reads us under: - “5. It is apparent from the grounds of appeal that the assessee has contested the addition of Rs.1,14,17,198/-, being the amount of interest received on compensation/enhanced compensation u/s.28

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

MAHATMA GANDHI NAGRI SAHAKARI PAT SANSTHA MYDT UDGIR,LATUR vs. INCOME TAX OFFICER- WARD 1 -LATUR, LATUR

ITA 670/PUN/2025[2018-19]Status: DisposedITAT Pune09 Sept 2025AY 2018-19

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

For Appellant: Miss Sailee Gujarathi (Virtual)For Respondent: Shri Ramnath P. Murkunde
Section 142(1)Section 143(3)Section 80P(2)(a)Section 80P(2)(d)

gains of business attributable to any one or more of such activities; (b) ……. (c) . …. AYs 2018-19 & 2020-21 (d) in respect of any income by way of interest or dividends derived by the cooperative society from its investments with any other co- operative society, the whole of such income; (viii) At this juncture, attention is again invited

DAIMLER CHRYSLER INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the cross objection of the assessee is dismissed

ITA 1381/PUN/2003[1998-99]Status: DisposedITAT Pune08 Aug 2018AY 1998-99

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

For Appellant: Shri Pramod AchuthanFor Respondent: Shri Rajeev Kumar, CIT
Section 143(3)Section 15ASection 35A

section 35AB of the Income Tax Act, 1961. 2. Disallowing expenditure of Rs.9,79,25,959/- in respect of write off CWIP due to discontinuation of MB car model series W 124 3. Disallowance Rs.25,600/- paid towards membership fee of Poona Golf Club & Hyatt Regency New Delhi, paid for Managing Director & other executives as expenditure not for the purpose

DEPUTY COMMISSIONER OF INCOME-TAX vs. DAIMLER CHRYSLER INDIA PVT. LTD.,, PUNE

In the result, the cross objection of the assessee is dismissed

ITA 1325/PUN/2003[1998-99]Status: DisposedITAT Pune08 Aug 2018AY 1998-99

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

For Appellant: Shri Pramod AchuthanFor Respondent: Shri Rajeev Kumar, CIT
Section 143(3)Section 15ASection 35A

section 35AB of the Income Tax Act, 1961. 2. Disallowing expenditure of Rs.9,79,25,959/- in respect of write off CWIP due to discontinuation of MB car model series W 124 3. Disallowance Rs.25,600/- paid towards membership fee of Poona Golf Club & Hyatt Regency New Delhi, paid for Managing Director & other executives as expenditure not for the purpose

MERCEDES - BENZ INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,

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

ITA 1865/PUN/2013[1999-2000]Status: DisposedITAT Pune01 Aug 2019AY 1999-2000

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अऩीऱ सं./ Ita No. 1865/Pun/2013 यनधाारण वषा / Assessment Year : 1999-2000 Mercedes Benz India Private Limited. ( Formerly Known As Daimler Chrysler India Private Limited) E-3, Midc Chakan, Phase-Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal : Khed, Pune-410 501. Pan : Aabcm 1789L .......अऩीऱाथी / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-9, Pune. ……प्रत्यथी / Respondent

For Appellant: Shri Percy Pardiwala &For Respondent: Shri S. B. Prasad
Section 35A

56 & 570f the Paper Book): "(a) a lump sum consideration of OM 56.6 million Deutsche Mark net of taxes 4 A.Y.1999-2000 Payable in four installments as follows: (i) OM 18.8 million one month after effectiveness of this agreement (ii) OM 18.8 million upon handing over of technical product documentation as per Article 3, however, not earlier than April

DCIT CIRCLE 1 NASHIK, NASHIK vs. SHREE SAI PROPERTIES, NASHIK

In the result, appeal of the Revenue is dismissed

ITA 987/PUN/2025[2014-15]Status: DisposedITAT Pune27 Jan 2026AY 2014-15

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Subodh Ratnaparkhi, CAFor Respondent: Shri Amit Bobde, CIT
Section 132Section 143(2)Section 143(3)Section 147Section 148Section 250

section 143(3). In large number of cases we find that the above distinction is not kept in mind by the Assessing Officer. It is for this reason that we have spelt out the difference between the regular assessment and the block assessment under Chapter XIV-B.” 22. Ld. Counsel for the assessee has also referred to following decisions wherein

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

viii) There are numerous incidents wherein Sh.M.N.Navale has received recommendation letters from MLA, MP, ministers and eminent personalities seeking concession in donation to be paid. Many such letters were seized during search action which have been processed further by Sh.M.N.Navale by passing on due instruction to Sh.Bhosale.” XII. The ld. CIT-DR submits that Mr. M.N. Navale is key person

DY. COMMISSIONER OF INCOME TAX, PUNE vs. DILIP MOTILALJI CHORDIA, PUNE

In the result, the appeal filed by the Revenue as well as\nthe Cross Objection filed by the assessee are allowed for\nstatistical purposes

ITA 1486/PUN/2024[2017-18]Status: DisposedITAT Pune22 Dec 2025AY 2017-18
Section 143(2)Section 143(3)Section 250(4)Section 44ASection 96

gain from sale of TDR as exempt\nfrom tax u/s.96 of the Right to Fair Compensation and\nTransparency in Land Acquisition, Rehabilitation and Resettlement\nAct, 2013 (RFCTLARR Act).\n2. The brief facts of the case is that during the course of assessment\nproceedings, the Assessing Officer observed that the Respondent's\ncapital account had increased by Rs.6

M N NAVALE BIGGER HUF,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

Appeals are partly allowed for statistical purposes

ITA 367/PUN/2017[N.A]Status: DisposedITAT Pune15 Nov 2019

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm Sl. No.

For Appellant: Shri Chetan KariaFor Respondent: Shri S. B. Prasad &
Section 171

section 131 of the Act, they were not utilized by the Assessing Officer in this proceedings. Further, the Assessing Officer further noticed that all the transactions done by HUF were in cash only and no transactions involving the banking channels were reported. That further, the brothers of Shri M.N. Navale (Karta of Bigger HUF) have borrowed various loans of small

M N NAVALE BIGGER HUF,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

Appeals are partly allowed for statistical purposes

ITA 361/PUN/2017[2002-03]Status: DisposedITAT Pune15 Nov 2019AY 2002-03

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm Sl. No.

For Appellant: Shri Chetan KariaFor Respondent: Shri S. B. Prasad &
Section 171

section 131 of the Act, they were not utilized by the Assessing Officer in this proceedings. Further, the Assessing Officer further noticed that all the transactions done by HUF were in cash only and no transactions involving the banking channels were reported. That further, the brothers of Shri M.N. Navale (Karta of Bigger HUF) have borrowed various loans of small

M N NAVALE BIGGER HUF,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

Appeals are partly allowed for statistical purposes

ITA 362/PUN/2017[2003-04]Status: DisposedITAT Pune15 Nov 2019AY 2003-04

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm Sl. No.

For Appellant: Shri Chetan KariaFor Respondent: Shri S. B. Prasad &
Section 171

section 131 of the Act, they were not utilized by the Assessing Officer in this proceedings. Further, the Assessing Officer further noticed that all the transactions done by HUF were in cash only and no transactions involving the banking channels were reported. That further, the brothers of Shri M.N. Navale (Karta of Bigger HUF) have borrowed various loans of small

M N NAVALE BIGGER HUF,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

Appeals are partly allowed for statistical purposes

ITA 363/PUN/2017[2004-05]Status: DisposedITAT Pune15 Nov 2019AY 2004-05

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm Sl. No.

For Appellant: Shri Chetan KariaFor Respondent: Shri S. B. Prasad &
Section 171

section 131 of the Act, they were not utilized by the Assessing Officer in this proceedings. Further, the Assessing Officer further noticed that all the transactions done by HUF were in cash only and no transactions involving the banking channels were reported. That further, the brothers of Shri M.N. Navale (Karta of Bigger HUF) have borrowed various loans of small

M N NAVALE BIGGER HUF,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

Appeals are partly allowed for statistical purposes

ITA 364/PUN/2017[2005-06]Status: DisposedITAT Pune15 Nov 2019AY 2005-06

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm Sl. No.

For Appellant: Shri Chetan KariaFor Respondent: Shri S. B. Prasad &
Section 171

section 131 of the Act, they were not utilized by the Assessing Officer in this proceedings. Further, the Assessing Officer further noticed that all the transactions done by HUF were in cash only and no transactions involving the banking channels were reported. That further, the brothers of Shri M.N. Navale (Karta of Bigger HUF) have borrowed various loans of small

M N NAVALE BIGGER HUF,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

Appeals are partly allowed for statistical purposes

ITA 366/PUN/2017[2007-08]Status: DisposedITAT Pune15 Nov 2019AY 2007-08

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm Sl. No.

For Appellant: Shri Chetan KariaFor Respondent: Shri S. B. Prasad &
Section 171

section 131 of the Act, they were not utilized by the Assessing Officer in this proceedings. Further, the Assessing Officer further noticed that all the transactions done by HUF were in cash only and no transactions involving the banking channels were reported. That further, the brothers of Shri M.N. Navale (Karta of Bigger HUF) have borrowed various loans of small