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30 results for “capital gains”+ Section 41(4)clear

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Key Topics

Section 26016Section 260A14Addition to Income8Section 967Section 41(1)6Deduction6Section 143(3)5Section 9(1)(vi)5Section 104

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

The appeals are dismissed

ITTA/273/2012HC Telangana18 Feb 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 260A

4) profits and gains of business, profession or vocation, (5) income from other sources and - - 32 (6) capital gains. This classification under distinct heads of income profits and gains is made having regard to the sources from which income is derived. Income-tax is undoubtedly levied on the total taxable income of the taxpayer and the tax levied

M/S UNICORN AGRO TECH LIMITED, SECUNDERABAD. vs. THE ASST. COMMISISONER OF INCOME TAX, HYDERABAD.

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

ITTA/48/2009HC Telangana16 Mar 2021

Bench: T.VINOD KUMAR,M.S.RAMACHANDRA RAO

Showing 1–20 of 30 · Page 1 of 2

Section 2634
Capital Gains4
Business Income2
Section 143(3)
Section 260A

Section 10 of the Act by Finance No. 2 Act, 2004 with effect from 01.04.2005. Further the tribunal failed to consider that the short term capital gains from shares held as investment could not be assessed as business income merely because the period of holding of the shares in such cases was somewhat short as compared to other investments. Thus

Principal Commissioner of Income Tax - 5 vs. M/s Vijay Textiles Limited

The appeal is dismissed

ITTA/541/2015HC Telangana16 Feb 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 167BSection 2(31)Section 2(47)Section 260Section 3Section 4Section 67A

capital gains at that point of time. Article 1 to 4 of the settlement deed dated 2nd April 2004 is reproduced hereunder: Article I- Assignment: 35 (1) The FIRST PARTY confirms that in pursuance to the development Agreement they have permitted the SECOND PARTY to carry out construction/ development on the Schedule Property. The SECOND PARTY is entitled to continue

The Commissioner of Income Tax-II, vs. M/S Gulf Oil Corporation Pvt. Ltd.,

ITTA/195/2008HC Telangana23 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

4   of   the   paper   book,   wherein  assessee has annexed statement  showing details  of profits  and loss from shares for the year  under   consideration.   As   per   said   chart  consolidated sum of profits and loss shown by  assessee   in  respect   of   sale   and   purchase   of  Page 16 of 41 C/TAXAP/194/2008 JUDGMENT shares can be summarized as under: 1Long term profits

Commissioner of Income Tax-II vs. M/s.Jayalakshmi Chits

ITTA/211/2008HC Telangana23 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

4   of   the   paper   book,   wherein  assessee has annexed statement  showing details  of profits  and loss from shares for the year  under   consideration.   As   per   said   chart  consolidated sum of profits and loss shown by  assessee   in  respect   of   sale   and   purchase   of  Page 16 of 41 C/TAXAP/194/2008 JUDGMENT shares can be summarized as under: 1Long term profits

The Commissioner of Income Tax - VI vs. M/s. Manikanta Iron AND Hardware

ITTA/196/2008HC Telangana02 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

4   of   the   paper   book,   wherein  assessee has annexed statement  showing details  of profits  and loss from shares for the year  under   consideration.   As   per   said   chart  consolidated sum of profits and loss shown by  assessee   in  respect   of   sale   and   purchase   of  Page 16 of 41 C/TAXAP/194/2008 JUDGMENT shares can be summarized as under: 1Long term profits

THE COMMISSIONER OF INCOMETAX vs. M/S V.SATAYANARAYANA

The appeal is allowed

ITTA/193/2003HC Telangana21 Jun 2011

Bench: V.V.S.RAO,RAMESH RANGANATHAN

For Appellant: Mr. Debabrata Roy
Section 13(1)Section 13(1)(d)Section 7

41 prosecution would have failed to discharge the duty cast upon it of satisfying the jury beyond reasonable doubt of the guilt of the accused. That, however, was a case where the question before the jury was whether a presumption of the kind which in India may be raised under Section 114 of the Evidence Act could be raised from

The Commissioner of Income Tax - I vs. Aditya Music (India) Ltd.

ITTA/248/2012HC Telangana06 Aug 2013
For Appellant: THE COMMISSIONER OF INCOME TAXFor Respondent: LATE SRI RAJESH KUMAR T.R
Section 41(1)

4. Section 41(1) of the Act specifically speaks inter alia of a deduction made in the assessment for any year in respect of a trading liability incurred by the ITA.No.248 of 2012 - 5 - assessee to be deemed to be profits and gains of business or profession and accordingly chargeable to income tax. In the subject assessment year, obviously

The Commissioner of Income TAx-IV, vs. M/s. Mahaveer Enterprises (India) Limited

The Appeal is dismissed

ITTA/94/2008HC Telangana23 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 21

gain in the ultimate analysis, the question is whether such grievance could be made long after the alleged violation of Section 10(5). If actual physical possession was taken over from the erstwhile landowner on 7.12.1991 as is alleged in the present case any grievance based on Section 10(5) ought to have been made within a reasonable time

The Commissioner of Income Tax (Exemptions0 vs. Kalinga Cultural Trust

In the result, we do not find any

ITTA/580/2016HC Telangana28 Nov 2016

Bench: ANIS,SANJAY KUMAR

Section 10Section 260Section 260A

4. The factual background, in which the aforesaid questions of law arise for our consideration need mention, which are stated infra. The assessee is engaged in the manufacture and export of readymade garments and also engaged in doing job works. The assessee is a 100% export oriented unit. For the facility of reference, facts from I.T.A.No.559/2015 are being referred

Principal Commissioner of Income Tax-5 vs. M/s. VBC Industries Limited

In the result, we do not find any

ITTA/559/2015HC Telangana16 Feb 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 10Section 260Section 260A

4. The factual background, in which the aforesaid questions of law arise for our consideration need mention, which are stated infra. The assessee is engaged in the manufacture and export of readymade garments and also engaged in doing job works. The assessee is a 100% export oriented unit. For the facility of reference, facts from I.T.A.No.559/2015 are being referred

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

Appeals of the Revenue are dismissed

ITTA/55/2010HC Telangana20 Dec 2024

Bench: J SREENIVAS RAO,ALOK ARADHE

Section 260

4. The Assessing Officer („AO‟) who picked up for scrutiny the Assessee‟s return for AY 1995-96 by an order-sheet entry dated 5th December 1997 required the Assessee to give the full details and addresses of the persons to whom the aforementioned compensation amounts were paid. The Assessee was asked to explain why the said amounts should

Commissioner of Income Tax, vs. M/s. Kokivenkateswara Reddy AND others,

Appeals of the Revenue are dismissed

ITTA/210/2003HC Telangana21 Jun 2011

Bench: V.V.S.RAO,RAMESH RANGANATHAN

Section 260

4. The Assessing Officer („AO‟) who picked up for scrutiny the Assessee‟s return for AY 1995-96 by an order-sheet entry dated 5th December 1997 required the Assessee to give the full details and addresses of the persons to whom the aforementioned compensation amounts were paid. The Assessee was asked to explain why the said amounts should

The Director of Income Tax (Exemptions) vs. G Pulla Reddy Chritable Trust

In the result, the orders passed by the Commissioner of

ITTA/192/2015HC Telangana08 Oct 2015

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

Section 143(2)Section 154Section 260Section 260ASection 263Section 50CSection 80C

capital gains to disallow interest on loan of purchase of property as deduction from sale consideration, to direct the Assessing Officer to adopt guidance value of sub registrar in respect of one property as deemed sale value and to bring to tax the difference and to allow deduction under Section 80C of the Act for an amount of Rs.1

THEE COMMSSR.OF INCOME TAX.HYD. vs. CHALLA SHANKER REDDY.HYD.

ITTA/80/2002HC Telangana13 Dec 2013

Bench: L.NARASIMHA REDDY,T.SUNIL CHOWDARY

Section 96

Section 96 of C.P.C and Mernorerndum of Cross Objections filec cn behalf of Cross Objectors/Plaintiffs '1 to 4 Linde" Order 41 , Rule 22 of the Civil F'rccedure Code, 1908, against the Judgment an'l Decree dated 28.03.2013marleir l.S.No.ll5of2006onthefileoftheCourtoftheXlll Addl Chief Judge (FTC), City' C i'rrl Court at Hyderabad. Between: 1 N.Subhash, S/o. N.M.Choudary, Aged about

COMMR.OF I.T. RAJAHMUNDRY vs. M/S.NARAYANA CHOWDARYAND ORS KAKINADA

ITTA/82/2002HC Telangana10 Dec 2013

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

Section 96

Section 96 of C.P.C and Mernorerndum of Cross Objections filec cn behalf of Cross Objectors/Plaintiffs '1 to 4 Linde" Order 41 , Rule 22 of the Civil F'rccedure Code, 1908, against the Judgment an'l Decree dated 28.03.2013marleir l.S.No.ll5of2006onthefileoftheCourtoftheXlll Addl Chief Judge (FTC), City' C i'rrl Court at Hyderabad. Between: 1 N.Subhash, S/o. N.M.Choudary, Aged about

COMMISSIONER OF INCOME TAX - (TDS), vs. M/s. Suman Chit Funds (P) Ltd.,

ITTA/120/2013HC Telangana27 Jun 2013
Section 96

Section 96 of C.P.C and Mernorerndum of Cross Objections filec cn behalf of Cross Objectors/Plaintiffs '1 to 4 Linde" Order 41 , Rule 22 of the Civil F'rccedure Code, 1908, against the Judgment an'l Decree dated 28.03.2013marleir l.S.No.ll5of2006onthefileoftheCourtoftheXlll Addl Chief Judge (FTC), City' C i'rrl Court at Hyderabad. Between: 1 N.Subhash, S/o. N.M.Choudary, Aged about

The Commissioner of Income Tax, vs. M/s. Laila Impex,

Accordingly answered against the Revenue. The appeals fail and are dismissed, without

ITTA/473/2012HC Telangana09 Jul 2013
Section 143(3)Section 144CSection 260ASection 9(1)(vi)

Capital gains") for— (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property ; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade

The Commisioner of Income TAx-1 vs. Divya Shakti Granites Ltd.,

ITTA/178/2015HC Telangana04 Apr 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 96

capital gains tax, etc., the official figure should be lesser. In a sense, to that extent, it is a case of tax avoidance which is culpable both legally and morally. One cannot gainfully argue that it is a case of tax planning, intent being corrupt. However, that has been done at the instance of the 1st defendant, at whose hands

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

Capital) Appeal No. 1475 of 2009 corresponding to Reference No. 3 of 2009, by a co-ordinate bench of this Court on 11th September, 2009. The judgment of this Court in 'XYZ' has been affirmed by the Supreme Court in Criminal Appeal No. (s). 2227 of 2010, decided on 15.2.2011, with summary dismissal of appeal. 15. Separate and distinct trials