M/S.R.S.RANGADAS vs. THE ASST.COMMISSIONER OF INCOME TAX

Appeals are disposed of, with no order as to costs

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

capital gains on the basis that the assessee might have gained or could have gained a higher

COMMISSIONER OF INCOME TAX-III, HYD vs. M/S. SUJANA METALS LTD, HYD

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

capital asset and the gain therefrom would be computed as capital gain. In the present case

The Commissioner of Income Tax-IV vs. M/s Pokarna Limited

The appeals are dismissed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Capital Gain at Rs.6,34,26,274/- and levied Capital Tax on the said amount. 6. Aggrieved

The Commissioner of Income Tax(Central) vs. M/s.Madhu Enterprises

Bench: The Learned

gains from which would otherwise be chargeable to tax as capital gains — was invested in acquiring a residential

Sri Natakari Gopal vs. Income Tax Appellate Tribunal and 2 Others

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 3Rd January, 2023. Appearance : Mr. Tilak Mita, Adv. ..For Appellant Mr. Pranit Bag , Adv. Mr. A. K. Mishra, Adv. Mr. Debdatta Saha, Adv. …For Respondent Re: Ga/1/2022 The Court:- Heard Mr. Tilak Mitra, Learned Advocate For The Appellant & Mr. Pranit Bag, Learned Advocate For The Respondent. There Is A Delay Of 1126 Days In Filing The Appeal. Though The Reasons Given In The Affidavit Are Not Convincing The Issues Involved In The Appeal Had Been Decided By This Court In Earlier Matters, This Court Exercises Discretion & Condone The Delay In Filing The Appeal. Accordingly, The Application Is Allowed.

Capital gain of Rs.1,12,13,010/- and claim the same as exempted from income tax u/s 10(38) of the Income

Commissioner of Income Tax (TDS), vs. M/s. Vipanchi Chit Fund Ltd.,

The appeal is dismissed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

gains of business or profession vis-à-vis capital gain taken by the Assessing Officer?” 3. Insofar

SMT. SHANTHA VIDYASAGAR ANNAM vs. INCOME TAX OFFICER, WARD-4(2) HYDERABAD

In the result, the orders dated 09

Bench: J SREENIVAS RAO,ALOK ARADHE

capital gains tax during the assessment year 1997 -98?" 3. Facts leading to hling of this appeal in nutshell

THE COMMISSIONER OF INCOME TAX III, vs. M/S. SAVIJANA SEA FOODS PVT. LTD.,

Appeals of the Revenue are dismissed

Bench: J SREENIVAS RAO,ALOK ARADHE

capital gains, they should be treated as capital expenditure in the hands of the Assessee, was not based

COMMISSIONER OF INCOME TAX-II vs. GLAND PHARMA LTD.,

In the result, the appeal (ITAT/96/2017) fails and stands

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

capital gains and not business profit and its purported findings in this regard are arbitrary, unreasonable and perverse

Principal Commissioner of Income Tax vs. Sri Nama Nageshwar Rao

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

capital gain. 3. A search was conducted u/s. 132 on 18th November, 2015 at the premises of the Assessee

M/S.P.SATYANARAYANA AND SONS vs. INCOME TAX OFFICER, WARD 1[9], HYDERABAD

Appeals are allowed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Capital gains") for- (i) the transfer of all or any rights (including the granting of a licence) in respect

The Commissioner of Income Tax-III vs. M/s. Sanghi Textiles Limited

The appeal is allowed setting aside

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

gains advantage by the spending of the said amount, it should be looked upon as revenue receipt and not capital

Kuchipudi Krishna Kishore vs. The DCIT

Accordingly the appeals deserves to be allowed by setting aside the impugned

Bench: P.SAM KOSHY,N.TUKARAMJI

capital for the purpose of business and not earning expenditure. The accepted case of the assessee that the investment was to constitute and carry out the business with the object to gain

AVANTI FEEDS LTD., vs. COMMISSIONER OF INCOMETAX

The appeal is dismissed, and the stay petition

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

Capital Loss Claims’ information data provided by the Directorate of Investigation, Kolkata? ii. Whether, on the facts and circumstances of the case, the Learned Tribunal was justified in law in allowing the appeal of the assessee and deleting the disallowance of a fictitious loss on trading of penny scrips of BLUE CIRCLE & CCL INTERNATIONAL aggregating

The Commissioner of Income-tax(Exemptions) vs. WarangalWarangal Diocese Society

The appeals are dismissed, along with pending

Bench: P.SAM KOSHY,N.TUKARAMJI

Capital Territory of Delhi were banned due to which there was a shortage of the mining materials and the rates of various raw materials were hiked by the mine lease holders. Another letter was sent by the Respondent to Appellant in the same regard showing the current and previous market rates and requesting the Appellant to increase the rates

M/S NATIONAL ACADEMY OF CONSTRUCTION vs. ASST. DIRECTOR OF INCOME TAX

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

capital receipt and therefore both, section 11 (5) and Section 13 (l) (d) of the Act, would not be applicable. 15- Learned counsel appearing for the department on the other harrd justifying the order of the ITAT, contended that since the order of the assessing ofhcer has already been subjected to scrutiny and challenge, there is hardly any scope

M/s Durga Granites, vs. The Assistant Commissioner of Income Tax, Circle - 1,

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

gain as General Manager (HR&A) "Bidyut Unnayan Bhaban", Plot No. 3/C, LA Block, Sector-III, P.O. - Salt Lake City, P.S.- Bidhannagar, District- Kolkata, West Bengal, PIN – 700106 ..........Petitioner. -Versus- 1. The State of Jharkhand, through its Secretary, Department of Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand