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26 results for “capital gains”+ Section 54(1)clear

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Key Topics

Section 5426Section 143(3)25Addition to Income22Section 271(1)(c)20Section 32(2)16Section 14812Section 153A11Section 14710Section 50C8

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

1 | 17 ITA No.14 & 15/Ran/2018 Assessment Year: 2013-14 similar as the land on which construction of flat was done was purchased by Smt. Asha Devi Adukia on 10.11.1981 jointly with Rajesh Adukia, who gifted her part of the land with building to her son Prakash Kumar Adukia on 20.11.2006. For the sake of convenience of adjudication, we are taking

Showing 1–20 of 26 · Page 1 of 2

Capital Gains8
Long Term Capital Gains7
Deduction6

PADAM KUMAR JAIN,RANCHI vs. DCIT, CENTRAL CIRCLE-1, RANCHI

In the result, all the appeals filed by the assessee are allowed and copy of common order passed is to be placed on respective case files

ITA 17/RAN/2020[2013-14]Status: DisposedITAT Ranchi17 Feb 2023AY 2013-14

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 132(1)Section 153ASection 271(1)(c)Section 271ASection 274Section 80G

54,00,000/- as undisclosed income of the appellant. It is admitted fact the addition related to the expenditure at the Chaibasa site office though the employee out of the income arisen there, which were not recorded in the regular books of accounts due to mistake of accountant. The expenditure incurred has not been doubted

PADAM KUMAR JAIN,RANCHI vs. DCIT, CENTRAL CIRCLE-1, RANCHI

In the result, all the appeals filed by the assessee are allowed and copy of common order passed is to be placed on respective case files

ITA 16/RAN/2020[2010-11]Status: DisposedITAT Ranchi17 Feb 2023AY 2010-11

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 132(1)Section 153ASection 271(1)(c)Section 271ASection 274Section 80G

54,00,000/- as undisclosed income of the appellant. It is admitted fact the addition related to the expenditure at the Chaibasa site office though the employee out of the income arisen there, which were not recorded in the regular books of accounts due to mistake of accountant. The expenditure incurred has not been doubted

ASHOK BEHL,RANCHI vs. ITO,WARD-1(1), RANCHI

In the result, appeal filed by the assessee is allowed

ITA 78/RAN/2019[2014-15]Status: DisposedITAT Ranchi10 Sept 2020AY 2014-15

Bench: Shri S.S, Godara, Jm & Dr. A.L. Saini, Am Ashok Behl Vs. Ito, Ward-1(1), Ranchi 1St Floor, Samridhi Complex, South Office Para, Doranda, Ranchi – 834001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adwpb2438E (अपीलाथ" /Appellant) .. (""थ" / Respondent)

For Appellant: Shri D. Sannigarh, ARFor Respondent: Shri A. K. Mohanti, Addl. CIT, Sr. DR
Section 143(3)

1,08,000 Registration Fee Rs. 81,301 Rs. 22, 10, 501 Short Term Capital Gain Rs. 43,89,499 Therefore, the claim of the assessee regarding long term capital gain was not accepted by assessing officer and assessing officer treated a sum of Rs.43,89,499/- as short term capital gain and added to the total income

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

1), applicable in the instant case. In short, in a case of transfer of a capital asset, being land or building or both, section 48 is to be read along with section 50C for computing the capital gains chargeable under section 45. Dilip Kumar & Namita Pandey ITA Nos.318 & 278/Ran/2018 Assessment Year: 2014-15 5.4. Further, it is an admitted position

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

1), applicable in the instant case. In short, in a case of transfer of a capital asset, being land or building or both, section 48 is to be read along with section 50C for computing the capital gains chargeable under section 45. Dilip Kumar & Namita Pandey ITA Nos.318 & 278/Ran/2018 Assessment Year: 2014-15 5.4. Further, it is an admitted position

DR. JAYA NARAYAN NAIK vs. THE JOINT C.I.T.,

In the result, appeal of the assessee is partly allowed

ITA 250/RAN/2014[2010-11]Status: DisposedITAT Ranchi30 Oct 2019AY 2010-11

Bench: S/Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year: 2010-2011

For Appellant: Shri Taraknath Jaiswal Adv & Akshaya Ringasia, AdvFor Respondent: Shri P.K.Mondal, Addl. CIT(DR)
Section 54

1 | 9 Assessment Y ear: 2010-2011 evidence of the capital gain deposit account and application money with West Bengal Housing Board.” 3. Apropos this ground, ld A.R. submitted that the Assessing Officer has made addition on account of disallowance of Rs.26,00,000/- u/s.54 of the Act by observing that the amount was transferred to STDR

SRI KAMLESH KUMAR SINGH,DALTONGANJ vs. ACIT,CIR-1, RANCHI

ITA 53/RAN/2017[2008-09]Status: DisposedITAT Ranchi07 Aug 2023AY 2008-09

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No. 49/Ran/2017 Assessment Year: 2009-2010 Smt. Madhu Singh,...................................Appellant Hamidganj, Daltonganj-822101 [Pan: Bbjps0426B] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-1, Ranchi & I.T.A. Nos. 53 & 54/Ran/2017 Assessment Years: 2008-2009 & 2009-2010 Shri Kamlesh Kumar Singh,...................Appellant Hamidganj, Daltonganj-822101 [Pan: Afzps8288J] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-1, Ranchi Appearances By: Shri Devesh Poddar, Advocate, Appeared On Behalf Of The Assessee Shri P.K. Koley, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : May 22, 2023 Date Of Pronouncing The Order : August 7Th, 2023 1 Assessment Year: 2009-2010 Smt. Madhu Singh & Ita Nos. 53 & 54/Ran/2017 Assessment Years: 2008-2009 & 2009-2010 Shri Kamlesh Kr. Singh

Section 10(38)Section 143(3)Section 234A

54,000/- made in the hands of Kamlesh Kumar Singh and on protective basis in the hands of assessee. The ld. Assessing Officer also observed that the assessee also claimed long-term capital gain from sale of equity shares of M/s. Yuma Vayapar Pvt. Limited at Rs.10,60,599/-. Ld. Assessing Officer based on the information received from Calcutta Stock

SRI ANAND KUMAR DHANUKA ,RANCHI vs. ITO WARD-1(1), RANCHI

In the result, the assessee’s appeal is allowed

ITA 163/RAN/2018[11-12]Status: DisposedITAT Ranchi31 Jul 2020

Bench: Shri S.S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.163/Ran/2018 ("नधा"रणवष" / Assessment Year:2011-12)

For Appellant: Shri Devesh Poddar, AdvocateFor Respondent: Shri Indrajit Singh, CIT DR
Section 10Section 22Section 263Section 54Section 54F

1), Ranchi Flat No. 604, 6th Floor, Residency Estate, Amaltash, Old H.B. road, Lalpur, Ranchi-834001 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: ACAPD 6322 L (Appellant) .. (Respondent) Appellant by : Shri Devesh Poddar, Advocate Respondent by :Shri Indrajit Singh, CIT DR सुनवाईक"तार"ख/ Date of Hearing : 13/07/2020 घोषणाक"तार"ख/Date of Pronouncement : 31/07/2020 आदेश / O R D E R Per Bench

SRI AJAY KUMAR MURARKA,JAMSHEDPUR vs. ACIT,CIRCLE-1(1),, JAMSHEDPUR

In the result, appeal of the assessee is allowed

ITA 56/RAN/2019[2011-12]Status: DisposedITAT Ranchi13 Dec 2023AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal

For Appellant: Shri Akshay Ringasia, FCAFor Respondent: Shri Pranob Kumar Koley, Sr. DR
Section 10(38)Section 143(2)Section 147Section 148Section 234A

capital gain claimed as exempt by the assessee. Ld. CIT(A) in the first appeal has confirmed the addition so made. 7. Before us, Ld. Counsel for the assessee has placed on record a paper book containing 218 pages. Ld. Counsel for the assessee emphasized that the approval from the competent authority for issuing notice u/s. 148 was obtained

SRI AJAY KUMAR MURARKA,JAMSHEDPUR vs. ACIT, JAMSHEDPUR

In the result, appeal of the assessee is allowed

ITA 202/RAN/2019[2011-12]Status: DisposedITAT Ranchi13 Dec 2023AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal

For Appellant: Shri Akshay Ringasia, FCAFor Respondent: Shri Pranob Kumar Koley, Sr. DR
Section 10(38)Section 143(2)Section 147Section 148Section 234A

capital gain claimed as exempt by the assessee. Ld. CIT(A) in the first appeal has confirmed the addition so made. 7. Before us, Ld. Counsel for the assessee has placed on record a paper book containing 218 pages. Ld. Counsel for the assessee emphasized that the approval from the competent authority for issuing notice u/s. 148 was obtained

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

In the result, this appeal of assessee is allowed

ITA 233/RAN/2023[2014-15]Status: DisposedITAT Ranchi17 Feb 2025AY 2014-15

Bench: Shri Partha Sarathi Chaudhurydilip Kumar, D.C.I.T., 4B, Dr. K.D. Choudhury Apartment, Circle-1, Vs. South Office Para, Doranda, Ranchi. Ranchi-834002 (Jharkhand) Pan No. Adlpk 4085 H Appellant/ Assessee Respondent/ Revenue

Section 154Section 50Section 50C(2)Section 54

capital gains. 5. These assessee's appeals are allowed for statistical purposes in above terms." 3. It is the contention of learned counsel for the assessee that in the consequent assessment order passed by the Assessing Officer dated 18/12/2019, the Assessing Officer has not followed the direction of the Tribunal and has not examined the claim of assessee in terms

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

ITA 300/RAN/2017[09-10]Status: DisposedITAT Ranchi06 Jan 2026
Section 143(3)Section 14ASection 32(2)

gains of\nsubsequent years without any limit whatsoever.\"\n8. In the light of the judicial precedents on the issue especially that\nof the Hon'ble Gujarat High court in the case of General Motors India\nPvt. Ltd. (supra), we find that the issue is covered in favour of the\nassessee, therefore, the ground taken by the revenue is rejected

DR. SANJAY KUMAR,RANCHI vs. PR. CIT, RANCHI

In the result, the appeal of the assessee is allowed

ITA 29/RAN/2020[2015-16]Status: DisposedITAT Ranchi27 Jul 2023AY 2015-16

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(2)Section 143(3)Section 263Section 54

54 of the Act was not allowable as the said section is applicable only in the case of profit on sale of property used for residence and not for profit on sale of piece of land. Finally the Ld. PCIT revised the order by setting aside the assessment framed u/s 143(3) of the Act vide order dated 12.10.2017 with

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

ITA 302/RAN/2017[11-12]Status: DisposedITAT Ranchi06 Jan 2026
Section 143(3)Section 14ASection 32(2)

gains of\nsubsequent years without any limit whatsoever.\"\n8. In the light of the judicial precedents on the issue especially that\nof the Hon'ble Gujarat High court in the case of General Motors India\nPvt. Ltd. (supra), we find that the issue is covered in favour of the\nassessee, therefore, the ground taken by the revenue is rejected

VIKASH KUMAR TAPADIA,JAMSHEDPUR vs. INCOME TAX OFFICER, JAMSHEDPUR

Appeal of the assessee is allowed for statistical purposes

ITA 235/RAN/2024[2018-19]Status: DisposedITAT Ranchi16 Sept 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.235/Ran/2024 Assessment Year: 2018-19 Vikash Kumar Tapadia….........................…...........................……….……Appellant Tapadia Compound, Chowk Bazar, Jugsalai (Jharkhand)-831006.. [Pan: Acnpt2711L] Vs. Ito, Jamshedpur……………………………….……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 10, 2025 Date Of Pronouncing The Order : September 16, 2025 Order Per Sonjoy Sarma: This Appeal Arises From Order Dated 03.02.2024, Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter "The Act") By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) [Hereinafter "The Ld. Cit(A)]. 2. Brief Facts Of The Case Are That In The Case Of The Assessee For The Assessment Year 2018-19, The Assessing Officer Noticed That The Assessee Was Involved In Certain Financial Transaction. However, Assessee Has Not Disclosed The Same In The Return Of Income For The Relevant Year. In View Of The Above Fact After Giving Opportunity As Per Section 148A & Obtaining Approval From The Competent Authority Or U/S 148A(D) Of The Act Was Passed On 30.03.2022. Accordingly, Notice U/S 148 Of The Act Requesting The Assessee To File Return Of Income. However, In Compliance To The Notice, The Assessee Did Not Respond & The Ao View That Unexplained Loan U/S 68 Of The Act Of Rs. 9,00,000/- Unexplained Money U/S 69C Of The Act, Rs. 60,44,241/- & Capital Gains Of Rs. 30,54,000/-

Section 148Section 148ASection 250Section 68Section 69C

section 148A and obtaining approval from the competent authority or u/s 148A(d) of the Act was passed on 30.03.2022. Accordingly, notice u/s 148 of the Act requesting the assessee to file return of income. However, in compliance to the notice, the assessee did not respond and the AO view that unexplained loan

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

gains of the eligible business in terms of Section 80-IA(8) of the Act." In this regard it is noted that the Hon'ble Mumbai Tribunal in the case of the West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of Income Tax [2006] 103 ITD 19 MUM [2006] 286 ITR 252 MUM has noted that the rate

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

gains of the eligible business in terms of Section 80-IA(8) of the Act." In this regard it is noted that the Hon'ble Mumbai Tribunal in the case of the West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of Income Tax [2006] 103 ITD 19 MUM [2006] 286 ITR 252 MUM has noted that the rate

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

gains of the eligible business in terms of Section 80-IA(8) of the Act." In this regard it is noted that the Hon'ble Mumbai Tribunal in the case of the West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of Income Tax [2006] 103 ITD 19 MUM [2006] 286 ITR 252 MUM has noted that the rate

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

gains of the eligible business in terms of Section 80-IA(8) of the Act." In this regard it is noted that the Hon'ble Mumbai Tribunal in the case of the West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of Income Tax [2006] 103 ITD 19 MUM [2006] 286 ITR 252 MUM has noted that the rate