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14 results for “capital gains”+ Penaltyclear

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Key Topics

Section 271(1)(c)9Penalty6Section 2454Addition to Income4Section 260A3Section 2763Section 54F3Section 234B3Capital Gains3Section 36(1)

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

Appeals are disposed of, with no order as to costs

ITTA/406/2005HC Telangana19 Oct 2022

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 2(47)Section 271(1)(c)Section 45(1)Section 48Section 54F

capital gains under Section 48 of the Income Tax Act?" 2. ITA No.389/2007 filed by the Director of Income Tax, i.e. the Revenue, relates to AY 1999-2000 and impugns order dated 23rd June, 2006 passed by the tribunal in Appeal No.1167/Del/2005 deleting/cancelling penalty

Commissioner of Income Tax, Rajahmundry vs. M/s. Kakinada Coop. Town Bank LTd., Kakinada

ITTA/485/2012
2
Section 1312
Long Term Capital Gains2
HC Telangana
15 Nov 2012

Bench: The Court Is: “Whether, The Shares Invested Through A Portfolio Management

Section 271(1)(c)Section 88E

capital gains. The assessee also attempted to produce evidence to show that the intention had not been to earn trading profit: first, the investment was undertaken by the assessee with its own surplus funds, and not borrowed funds, and second, that the holding period for a majority of the transactions was substantial. Moreover, the assessee sought to show that

The Commissioner of Income Tax vs. M/s Supriya Wines

ITTA/591/2017HC Telangana07 Nov 2017

Bench: CHALLA KODANDA RAM,C.V.NAGARJUNA REDDY

Section 131Section 132(1)Section 276Section 276C(1)

penalty and prosecution is prescribed therein. He further submits that section 277 of the Income Tax Act speaks of false statement filed by any assessee. He further submits that section 278(E) of the Act speaks of culpable state of mind. He further submits that there is allegation against the petitioners that the petitioners have obtained Long Term Capital Gain

Commissioner of Income Tax, vs. Sri Anil Harnathka

ITTA/24/2014HC Telangana04 Apr 2016

Bench: The Tribunal & The Tribunal On The Ground Of The Assessee'S Mother Having Filed A Return Conceding Capital Gains, Set Aside The Addition Of Rs.60 Lakhs As Against The Assessee. By Annexure-A, The Assessment Of The Assessee Was Completed Taking As Undisclosed Income, Various Credits In The Bank Account Between 08.08.2005 & 23.11.2005. Out Of The Total Amount Of Rs.98,18,244/-, Rs.60,00,000/- According To The Assessee Represented The Unaccounted Receipt On The Sale Of The Property By His Mother. The Property Is Said To Have Actually Fetched Rs.74,00,000/- & The Mother, The Owner Of

For Appellant: THE COMMISSIONER OF INCOME TAX-IIFor Respondent: SHRI HARRI JOSEPH
Section 143(3)Section 271(1)(c)

capital gains tax at the hands of the mother. The fact remains that the amounts were credited to the account of the assessee and it remained as undisclosed income insofar as the assessee having returned only Rs.1,17,830/- in the subject assessment year. I.T.A.No.24 of 2014 - 4 - 4. The learned Counsel for the assessee would in fact point

PRL COMMR OF INCOME TAX-2, HYDERABAD vs. K RAVINDER REDDY, HYDERABAD

In the result, this Cr.M.P

ITTA/590/2017HC Telangana23 Aug 2018

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

Section 271(1)(c)Section 276Section 482

Capital Gain during the Financial Year 2013-14 relevant to Assessment Year 2014-15; and the allegation against the petitioner is that the petitioner attempted to evade tax. A complaint was filed against the petitioner by the Union of India through the concerned officer being the Director of Income Tax (Investigation) Unit-II, Ranchi in the court of learned Special

The Commissioner of Income Tax-III, vs. Sri Prem Chand

ITTA/380/2006HC Telangana02 Feb 2012
Section 4

penalty, he however, submitted that there is no cross-objection of the respondent-Department in this matter. He, therefore, prayed for dismissal of the present revision petitions of the assessee. 10. I have heard the learned counsels of the parties at length and perused the record and the judgments cited at the Bar. 11. Firstly, the relevant extract from

Sampathirao Apparao vs. Income Tax Officer,

The appeals stand dismissed

ITTA/20/2012HC Telangana19 Jul 2013
Section 132(4)Section 132BSection 140ASection 153ASection 234BSection 260

capital gain arising out of sale proceeds of house, thus, Assessing Officer requested Commissioner of Income Tax for adjustment of seized amount towards the tax liability of appellants. The Commissioner of Income Tax, Amritsar vide letter dated 26.06.2009 permitted Assessing Officer to adjust seized cash against tax liability of appellants. The Assessing Officer, accordingly, adjusted seized cash against

Commissioner of Income Tax II vs. P. Govinda Rao

The appeals are dismissed

ITTA/67/2007HC Telangana23 Mar 2016

Bench: Us. For Convenience We Are Noticing The Facts Of Appeal Bearing D.B. Income Tax Appeal No.67/2007, Rajasthan Art Emporium V. Dcit, Circle, Jodhpur.

Section 143(3)Section 271(1)(c)

capital of the concerned associates of the assessee firm, for substaining additions made by the Assessing Officer, are finding based on conjectures and surmises when actual payment having been made to two registered companies by the assessee firm was not even in doubt? 2. Whether the extent of any expenses to be incurred for expanding business is within the domain

The Commissioner of Income Tax -III vs. Sri T.C. Reddy

The appeal stands dismissed

ITTA/577/2011HC Telangana28 Feb 2012

capital of the company. This fact was brought to the notice of the assessee vide order sheet entry dated 29.12.2009. No satisfactory reply has been filed. It is therefore, disallowed from the revenue expenses claimed by the assessee. Penalty proceedings u/s271(1)(c) r.w 274 of the Income-tax Act for concealment and furnishing of inaccurate particulars are initiated separately

Principal Commissioner of Income Tax vs. M/s Nara Constructions,

ITTA/672/2017HC Telangana15 Nov 2017

Bench: CHALLA KODANDA RAM,C.V.NAGARJUNA REDDY

Section 260ASection 271(1)(c)Section 28Section 36(1)Section 36(1)(viii)

gains of business or profession" (before making any deduction under this clause) carried to such reserve account: Provided that where the aggregate of the amounts carried to such reserve account from time to time exceeds twice the amount of the paid up share capital and of the general reserves of the specified entity, no allowance under this clause shall

The Commissioner of Income Tax IV vs. Shri Raaj Kumar Jain

ITTA/147/2013HC Telangana28 Jun 2013
For Appellant: - Sri Yug Mohit Chaudhary assistedFor Respondent: - A.G.A., Sri Amit Mishra, Sri Gyan
Section 156(3)Section 201Section 302Section 363Section 364Section 366Section 376

penalty. The circumstances of the case would, therefore, require a careful scrutiny in order to ascertain whether the confession is voluntary or not ? 133. The factual background leading to the recording of confession is enumerated hereinafter:- (i) Accused SK is arrested in connection with FIR No.838 of 2006, under Section 363, 366 IPC concerning the disappearance

PRL COMMR OF INCOME TAX, RJY, E.G.DIST vs. M/S KADAKATLA RICE MILL, TADEPALLIGUDEM, W.G.DIST

ITTA/289/2017HC Telangana06 Dec 2017

Bench: The Income Tax Settlement Commission/Respondent No. 1 On 8Th April, 2015 For Settlement Of Its Income Tax Matters By Disclosing An Income Of Rs. 3,93,93,544/-. The Aforesaid Application Of The Respondent No. 2 Was Proceeded With Under Section 245 D (1) Of The Income Tax Act, 1961 By An Order Dated 21St April, 2015. After Receipt Of The Report Under Section 245 D (2B) Of The Act, From The

Section 245

capital @ 2% which works out to Rs. 7,80,000/-. The same shall also be included in addition to Rs. 12,606/- as per Tax Audit Report.” Learned Advocate appearing for the petitioner/Income Tax Authority in support of his contention and against the impugned order of the Settlement Commission apart from its Report under Rule 9 of Income Tax Settlement

PR COMMR OF INCOME TAX-2, HYDERABAD vs. K RAVINDER REDDY, HYDERABAD

ITTA/621/2017HC Telangana23 Aug 2018

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

Section 260A

gains in connection with the business of exploration, etc. of mineral oils/operation of aircraft in the case of non- ITA 621/2017 & connected matters Page 78 of 85 residents. In our considered opinion, the approach of the AO in estimating income at 10% of sales made in India, in the given circumstances, is perfectly in order and does not require

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

ITTA/30/2023HC Telangana04 Sept 2023

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