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21 results for “capital gains”+ Section 10(23)clear

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Key Topics

Section 143(3)27Section 32(2)20Addition to Income16Section 50C11Section 1479Section 153A8Section 548Section 488Section 2637Disallowance

SUNITA ADUKIA,RANCHI vs. DCIT CIR-2, RANCHI

In the result, appeal is partly allowed

ITA 15/RAN/2018[13-14]Status: DisposedITAT Ranchi30 Oct 2019

Bench: S/Shri Chandra Mohan Gargassessment Year: 2013-14

For Appellant: Shri Rajiv Ranjan Mittal, CAFor Respondent: Shri P.K.Mondal, Addl. CIT(DR)
Section 132Section 143(3)Section 153Section 153ASection 54

10% of total expenses of construction. In this situation, I am inclined to hold that maximum cost of expenditure was incurred during financial year 2012-13 and 2013-14 and four flats have been sold by the assessee during financial year 2012-13 pertaining to assessment year 2013-14. Therefore, I am of the opinion that when the construction

Showing 1–20 of 21 · Page 1 of 2

6
Deduction6
Capital Gains5

DILIP KUMAR,RANCHI vs. DCIT,CIRCLE-1, RANCHI

Appeal are dismissed

ITA 318/RAN/2018[2014-15]Status: DisposedITAT Ranchi09 Apr 2019AY 2014-15

Bench: Hon’Ble Shri S.S. Godara, Jm] I.T.A No. 318/Ran/2018 Assessment Year : 2014-15 Dilip Kumar –Vs- Dcit, Circle-1, Ranchi [Pan: Adlpk 4085 H] (Appellant) (Respondent)

For Appellant: Shri Hari Lal Patel, AdvocateFor Respondent: Shri Chandan Das, JCIT
Section 143(3)Section 45Section 48Section 50CSection 50C(1)Section 54

section 50C of the Act. The CIT(A)’s detailed discussion to this effect read as under: “5. The appellant, with regard to grounds 1-3 has stated that the calculation of capital gains at Rs. 27,20,000/- was unjustified. The appellant stated that he had also purchased a flat for a consideration

NAMITA PANDEY,PALAMAU vs. DCIT,CIRCLE-3,, RANCHI

Appeal are dismissed

ITA 278/RAN/2018[2014-15]Status: DisposedITAT Ranchi09 Apr 2019AY 2014-15

Bench: Hon’Ble Shri S.S. Godara, Jm] I.T.A No. 318/Ran/2018 Assessment Year : 2014-15 Dilip Kumar –Vs- Dcit, Circle-1, Ranchi [Pan: Adlpk 4085 H] (Appellant) (Respondent)

For Appellant: Shri Hari Lal Patel, AdvocateFor Respondent: Shri Chandan Das, JCIT
Section 143(3)Section 45Section 48Section 50CSection 50C(1)Section 54

section 50C of the Act. The CIT(A)’s detailed discussion to this effect read as under: “5. The appellant, with regard to grounds 1-3 has stated that the calculation of capital gains at Rs. 27,20,000/- was unjustified. The appellant stated that he had also purchased a flat for a consideration

SRI AJAY KUMAR AGARWAL,RANCHI vs. ITO,WARD-1(1), RANCHI

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

ITA 244/RAN/2018[2013-14]Status: DisposedITAT Ranchi05 Apr 2019AY 2013-14

Bench: Shri S.S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.244/Ran/2018 ("नधा"रणवष" / Assessment Year: 2013-14)

For Appellant: NoneFor Respondent: Shri Chandan Das, JCIT
Section 143(3)Section 234ASection 50C

section 23(3).” I find that the ld. Assessing Officer has been reasonable in making the disallowance. 7. Aggrieved the assessee is in appeal before us. 8. We have heard the ld. DR and perused the material available on record. We note that the ld. CIT(A) was not justified for making an ad hoc disallowance

ASHOK KUMAR MALHOTRA,DHANBAD vs. ITO, WARD-1(1), DHANBAD

ITA 38/RAN/2020[2013-14]Status: DisposedITAT Ranchi13 Jan 2021AY 2013-14

Bench: Sri J. Sudhakar Reddy)

Section 133(6)Section 2Section 250

23 of the paper book filed, whereas photographs of the land is given and submitted that the ld. CIT(A) records the fact that there are gardens of mango, guava etc. on the land. She once again drew the attention of the Bench to the facts recorded in the Revenue records, copies of which are placed in the paper book

ASHUTOSH JHA,RANCHI vs. ITO, WARD -2(5), RANCHI

The appeal of the assessee stands allowed

ITA 188/RAN/2019[2014-15]Status: DisposedITAT Ranchi30 Apr 2021AY 2014-15

Bench: Shri Sanjay Gargआयकर अपील सं.य/

Section 56(2)(vii)Section 56(2)(vv)

23-03-2021 घोषणा क" तार"ख/Date of Pronouncement 30-04-2021 आदेश /O R D E R The present appeal has been preferred by the assessee against the order dated 30-10-2018 of the Commissioner of Income-tax (Appeals), Ranchi [hereinafter referred to as ‘CIT(A)’]. 2. None has put in appearance on behalf of the assessee

HEC LTD,FINANCE &ACCOUNTS,RANCHI vs. DCIT CIRCLE-1, RANCHI

In the result, all appeals filed by the Revenue are dismissed and all appeals filed by the Assessee are allowed

ITA 232/RAN/2016[2008-09]Status: DisposedITAT Ranchi05 Apr 2019AY 2008-09

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: None appearedFor Respondent: Shri Indrajit Singh, CIT/ld.DR
Section 143(3)Section 147Section 148Section 37(1)

10. iv) In the revenue’s appeal in ITA No. 95/Ran/17 for the A.Y 2007-08, ground no. 2 raised by the revenue relates to (i) tax deduction at source M/s. Heavy Engineering Corporation Ltd (TDS) on sales promotion expenses & (ii) Liquidated damages, Misc. Provision and Provision for LTA 11. After hearing ld.DR for the Revenue, we note that

DCIT CIRCLE-1, RANCHI vs. M/S HEC LTD, RANCHI

In the result, all appeals filed by the Revenue are dismissed and all appeals filed by the Assessee are allowed

ITA 95/RAN/2017[2007-08]Status: DisposedITAT Ranchi05 Apr 2019AY 2007-08

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: None appearedFor Respondent: Shri Indrajit Singh, CIT/ld.DR
Section 143(3)Section 147Section 148Section 37(1)

10. iv) In the revenue’s appeal in ITA No. 95/Ran/17 for the A.Y 2007-08, ground no. 2 raised by the revenue relates to (i) tax deduction at source M/s. Heavy Engineering Corporation Ltd (TDS) on sales promotion expenses & (ii) Liquidated damages, Misc. Provision and Provision for LTA 11. After hearing ld.DR for the Revenue, we note that

HEC LTD,FINANCE &ACCOUNTS,RANCHI vs. ACIT,CIR-1, RANCHI

In the result, all appeals filed by the Revenue are dismissed and all appeals filed by the Assessee are allowed

ITA 231/RAN/2016[2006-07]Status: DisposedITAT Ranchi05 Apr 2019AY 2006-07

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: None appearedFor Respondent: Shri Indrajit Singh, CIT/ld.DR
Section 143(3)Section 147Section 148Section 37(1)

10. iv) In the revenue’s appeal in ITA No. 95/Ran/17 for the A.Y 2007-08, ground no. 2 raised by the revenue relates to (i) tax deduction at source M/s. Heavy Engineering Corporation Ltd (TDS) on sales promotion expenses & (ii) Liquidated damages, Misc. Provision and Provision for LTA 11. After hearing ld.DR for the Revenue, we note that

PADAM KUMAE JAIN,RANCHI vs. CIT, CENTRAL, PATNA

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

ITA 289/RAN/2019[2012-13]Status: DisposedITAT Ranchi08 Jul 2020AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am आयकरअपीलसं./Ita No.289/Ran/2019 (िनधा"रणवष" / Assessment Year: 2012-13) Padam Kumar Jain Vs. Cit, Central, Cr Building, Beer Chand Patel Marg, Patna – 800001. Ratanlalsurajmal Compound, Main Road, Ranchi – 834001, Jharkhand "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abrpj 0001 E (Assessee) .. (Revenue)

For Appellant: Shri M.K. Chaudhury & Shri Devesh Poddar, AdvocateFor Respondent: Shri Inderjeet Singh, CIT (DR)
Section 132(4)Section 143(3)Section 153ASection 263

23,268/-. (xii).Proof of service tax of Rs. 6,89,59,617/- paid during the year. (xiii). “Advertisement” expense along with proof of TDS on the same. (xiv). “Other expenses” of Rs. 45,13,68,375/-. (xv).Amount debited of Rs. 6,86,000/- as donation. (xvi).Proof of TDS deducted,fixed assets details, short/long term capital gain. (xvii

ACIT CIR-3 (1), DEVGHAR vs. M/S DEOGHAR JAMTARA CENTRAL CO-OPERATIVE BANK LTD , DEOGHAR

In the result, both the revenue’s appeals are dismissed

ITA 193/RAN/2018[08-09]Status: DisposedITAT Ranchi05 Apr 2019

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: Shri Navin Dorania, ld.ARFor Respondent: Shri P.K. Mondal, JCIT/ld.DR
Section 143(3)Section 2(48)

23-03-2018 passed by the ld. Commissioner of Income-tax (Appeals), Dhanbad, which in turn arise out of the separate orders passed by the Assessing Officer u/s. 143(3) of the Income-Tax Act, 1961 (in short, the Act) dated 30-12-2010 & 30-11-2011, respectively. 2. Since these two appeals pertain to the same assessee, different assessment

ACIT, RANCHI vs. M/S ADITYA BIRLA CHEMICALS INDIA LTD., PALAMAU

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 137/RAN/2015[2010-11]Status: DisposedITAT Ranchi08 Jul 2020AY 2010-11

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

capital expenditure. Hon’ble Tribunal in the case of Dy.CIT Vs. Columbia Asia Hospitals (P) Ltd. (2013) 142 ITR 225 (Bang.) (Trib.) has held that the HRD recruitment expenses is allowable as revenue expenditure. Having regard to facts of the case the addition made by the Ld. A.O. cannot be sustained in appeal and is directed to be deleted

ACIT, RANCHI vs. M/S M/S ADITYA BIRLA CHEMICALS INDIA LTD., PALAMAU

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 136/RAN/2015[2009-10]Status: DisposedITAT Ranchi08 Jul 2020AY 2009-10

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

capital expenditure. Hon’ble Tribunal in the case of Dy.CIT Vs. Columbia Asia Hospitals (P) Ltd. (2013) 142 ITR 225 (Bang.) (Trib.) has held that the HRD recruitment expenses is allowable as revenue expenditure. Having regard to facts of the case the addition made by the Ld. A.O. cannot be sustained in appeal and is directed to be deleted

ACIT, RANCHI vs. M/S M/S ADITYA BIRLA CHEMICALS INDIA LTD., PALAMAU

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 131/RAN/2015[2008-09]Status: DisposedITAT Ranchi08 Jul 2020AY 2008-09

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

capital expenditure. Hon’ble Tribunal in the case of Dy.CIT Vs. Columbia Asia Hospitals (P) Ltd. (2013) 142 ITR 225 (Bang.) (Trib.) has held that the HRD recruitment expenses is allowable as revenue expenditure. Having regard to facts of the case the addition made by the Ld. A.O. cannot be sustained in appeal and is directed to be deleted

M/S ADITYA BIRLA CHEMICALS INDIA LTD.,PALAMAU vs. ACIT, RANCHI

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 127/RAN/2015[2010-11]Status: DisposedITAT Ranchi08 Jul 2020AY 2010-11

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

capital expenditure. Hon’ble Tribunal in the case of Dy.CIT Vs. Columbia Asia Hospitals (P) Ltd. (2013) 142 ITR 225 (Bang.) (Trib.) has held that the HRD recruitment expenses is allowable as revenue expenditure. Having regard to facts of the case the addition made by the Ld. A.O. cannot be sustained in appeal and is directed to be deleted

M/S ADITYA BIRLA CHEMICALS INDIA LTD.,PALAMAU vs. ACIT, RANCHI

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 126/RAN/2015[2009-10]Status: DisposedITAT Ranchi08 Jul 2020AY 2009-10

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

capital expenditure. Hon’ble Tribunal in the case of Dy.CIT Vs. Columbia Asia Hospitals (P) Ltd. (2013) 142 ITR 225 (Bang.) (Trib.) has held that the HRD recruitment expenses is allowable as revenue expenditure. Having regard to facts of the case the addition made by the Ld. A.O. cannot be sustained in appeal and is directed to be deleted

M/S ADITYA BIRLA CHEMICALS INDIA LTD.,PALAMAU vs. ACIT, RANCHI

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 125/RAN/2015[2008-09]Status: DisposedITAT Ranchi08 Jul 2020AY 2008-09

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

capital expenditure. Hon’ble Tribunal in the case of Dy.CIT Vs. Columbia Asia Hospitals (P) Ltd. (2013) 142 ITR 225 (Bang.) (Trib.) has held that the HRD recruitment expenses is allowable as revenue expenditure. Having regard to facts of the case the addition made by the Ld. A.O. cannot be sustained in appeal and is directed to be deleted

M/S BHARAT COOKING COAL LTD ,DHANBAD vs. ACIT CIR-1 , DHANBAD

ITA 294/RAN/2017[12-13]Status: DisposedITAT Ranchi06 Jan 2026

Bench: Hon'Ble Itat - By It Department Si No.

Section 1Section 143(3)Section 14ASection 32(2)

gains of subsequent years without any limit whatsoever." 8. In the light of the judicial precedents on the issue especially that of the Hon'ble Gujarat High court in the case of General Motors India Pvt. Ltd. (supra), we find that the issue is covered in favour of the assessee, therefore, the ground taken by the revenue is rejected

ACIT CIR-1 , DHANBAD vs. M/S BHARAT COOKING COAL LTD , DHANBAD

ITA 300/RAN/2017[09-10]Status: DisposedITAT Ranchi06 Jan 2026

Bench: Hon'Ble Itat - By It Department Si No.

Section 1Section 143(3)Section 14ASection 32(2)

gains of subsequent years without any limit whatsoever." 8. In the light of the judicial precedents on the issue especially that of the Hon'ble Gujarat High court in the case of General Motors India Pvt. Ltd. (supra), we find that the issue is covered in favour of the assessee, therefore, the ground taken by the revenue is rejected

ACIT CIRCLE-1 , DHANBAD vs. M/S BHARAT COOKING COAL LTD , DHANBAD

ITA 302/RAN/2017[11-12]Status: DisposedITAT Ranchi06 Jan 2026

Bench: Shri George Mathan, Jm & Shri Ratnesh Nandan Sahay, Am आयकर अपील सं./Ita Nos.291,293,294/Ran/2017 (A.Y :2009-10, 2011-12 & 2012-13) M/S Bharat Coking Coal Ltd, Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Aaacb 7934 M Vs. Acit, Circle-1, Dhanbad & आयकर अपील सं./Ita Nos.300 & 302/Ran/2017 (A.Y :2009-10 & 2011-12) Acit, Circle-1, Dhanbad Vs. M/S Bharat Coking Coal Ltd, Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Acb 7934 M & Cross Objection Nos.09 & 11/Ran/2018 (Arising Out Of Ita Nos.300&302/Ran/2017) (A.Y :2009-10 & 2011-12) M/S Bharat Coking Coal Ltd, Vs. Acit, Circle-1, Dhanbad Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Acb 7934 M (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से /Assessee By : Shri M.K.Chowdhary & Shri Devesh Poddar, Advocates राजस्व की ओर से /Revenue By : Shri Rajib Jain, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 06/01/2026 घोषणा की तारीख/Date Of Pronouncement : 06/01/2026 आदेश / Order Per Bench : These Are The Cross Appeals Filed By The Assessee & Revenue Against The Separate Orders Passed By The Id.Cit(A), Ranchi/Nfac, Delhi, Dated 20.09.2017 & 19.09.2017 For The Assessment Years 2009-10, 2011- 12 & 2012-13, Respectively. The Assessee Has Also Filed Cross Objections Arising Out Of Appeals Of Revenue For A.Y.2009-2010 & 2011-2012. 2. First, We Shall Take Up The Appeals Of The Revenue Filed For A.Y.2009- 2010 & 2011-2012. Ld. Ar, At The Outset, Filed A Chart Specifying The Issues Involved In The Appeals Of The Revenue, Which Reads As Follows :- Bharat Coking Coal Limited, Dhanbad Pan: Aaacb7934M Additions Disputed In Appeal Before Hon'Ble Itat - By It Department Si No.

For Appellant: Shri M.K.ChowdharyFor Respondent: Shri Rajib Jain, CIT-DR
Section 143(3)Section 14ASection 300Section 32(2)

gains of subsequent years without any limit whatsoever." 8. In the light of the judicial precedents on the issue especially that of the Hon'ble Gujarat High court in the case of General Motors India Pvt. Ltd. (supra), we find that the issue is covered in favour of the assessee, therefore, the ground taken by the revenue is rejected