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9 results for “capital gains”+ Section 69clear

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Key Topics

Section 32(2)16Section 143(3)11Addition to Income9Section 54F7Disallowance5Section 14A4Section 56(2)(vii)4Depreciation4Set Off of Losses4

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

capital gain under section 10(38) of the Act was genuine and justified and in no way can be held to be assessed in the hands of assessee’s husband Shri Kamlesh Kr. Singh. Thus the ld. CIT(Appeals) was not justified in confirming the addition substantively in the hands of her husband. Since the alleged LTCG is a genuine

Carry Forward of Losses4
Capital Gains4
Section 234A2

ITO.WD-2(1), RANCHI vs. SHRI NAND BIHARI SHRIVASTAVA, RANCHI

In the result, the revenue’s appeal is dismissed

ITA 197/RAN/2018[2014-15]Status: DisposedITAT Ranchi05 Apr 2019AY 2014-15

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

For Respondent: Shri Chandan Das, JCIT/ld.DR
Section 144Section 54Section 56(2)(vii)

69,96,455/­ on account of capital gain, as he has ignored provisions of section 56(2)(vii) of the Income

SRI RAMAKRISHNAN NAIR SUKESH KUMAR,RANCHI vs. ACIT, CIRCLE-3, RANCHI

In the result, the appeal of the assessee stands allowed

ITA 194/RAN/2019[2015-16]Status: DisposedITAT Ranchi07 Sept 2022AY 2015-16

Bench: Shri Sanjay Garg & Shri Manish Boradi.T.A. No.194/Ran/2019 Assessment Year: 2015-16 Sri Ramakrishnan Nair Sukesh Kumar.…...…..................……...…..….. Appellant Quarter No.R I/1, Birla Institute Of Technology, Mesra, Ranchi-835215. [Pan: Abtpk1985G] Vs. Acit, Circle-3, Ranchi…..……………………….……….…………….. Respondent Appearances By: Shri Devesh Poddar, Advocate, Appeared On Behalf Of The Appellant. Shri Pranob Ku. Koley , Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 23, 2022 Date Of Pronouncing The Order : September 07, 2022 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 04.02.2019 Of The Commissioner Of Income Tax (Appeals), Ranchi [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

Section 234ASection 250Section 54F

69,248/- out of the total deduction claimed u/s 54F for Rs.73,21,565/-. Ld. CIT(A) confirming the said disallowance observe that the amount invested in 2 years from the sale can only be allowed. On the other hand, we claimed that deduction for amount shall be upto investment made in 3 years as a flat in under construction

SRI BINOY KUMAR SINGH, ,DALTONGANJ vs. ACIT, CIRCLE-3, RANCHI

Appeal is allowed

ITA 195/RAN/2019[2015-16]Status: DisposedITAT Ranchi21 Jul 2020AY 2015-16

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2015-16

Section 143(1)Section 143(3)Section 144Section 56(2)(vii)Section 69

69 unexplained investment addition of ₹115,12,000/- invoked during the regular assessment in issue. Learned departmental representative fails to dispute the clinching fact that the impugned addition u/s 56(2)(vii) never formed subject- matter of assessee’s grounds in the lower appellate proceedings nor any such issue had arisen in the assessment order. This tribunal’s co-ordinate

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

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

ITA 293/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

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

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

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

ITA 294/RAN/2017[12-13]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