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11 results for “capital gains”+ Section 13(1)(c)clear

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Mumbai4,291Delhi3,399Bangalore1,622Chennai1,192Kolkata1,030Ahmedabad891Jaipur785Hyderabad549Pune392Surat381Chandigarh371Indore319Karnataka296Cochin228Raipur185Visakhapatnam160Nagpur127Cuttack114Rajkot112Agra104Amritsar93Lucknow90Panaji81Guwahati78SC77Calcutta70Telangana62Dehradun40Ranchi32Jodhpur31Patna20Kerala16Jabalpur15Allahabad15Varanasi11Rajasthan8Orissa6Punjab & Haryana3Andhra Pradesh2A.K. SIKRI ROHINTON FALI NARIMAN2Gauhati2ANIL R. DAVE SHIVA KIRTI SINGH1A.K. SIKRI N.V. RAMANA1ASHOK BHAN DALVEER BHANDARI1K.S. RADHAKRISHNAN A.K. SIKRI1

Key Topics

Section 80P24Section 143(3)14Section 2635Capital Gains5Long Term Capital Gains5Penny Stock5Survey u/s 133A5Revision u/s 2635Deduction

SMT. SEEMA SHAH,VARANASI vs. ITO, WARD-2(2), VARANASI

In the result, appeal of the assessee in ITA No

ITA 211/ALLD/2017[2014-15]Status: DisposedITAT Varanasi27 May 2022AY 2014-15

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2014-15 Smt. Seema Shah, Income Tax Officer, B-37/1F 2Kh, Haijnatha, Ward –2(2) V. Birdopur, Varanasi, U.P. Varanasi- 221010,Uttar Pradesh Pan:Aqpps9465C (Appellant) (Respondent)

For Appellant: NoneFor Respondent: Shri A.K. Singh, Sr. DR
Section 143(3)

13,99,840/- under the head 'Capital Gain’ made by the assessing officer and his action as confirmed by the Commissioner of Income Tax (Appeal) is highly, unjustified, incorrect and the appellant is liable to get benefit for investment made in the construction of another property while determining the 'Capital Gain'. 2. That in any view of the matter

SARVESH KUMAR AGARWAL HUF,VARANASI vs. PCIT,, VARANASI

In the result, appeal of the assessee is allowed

5
Disallowance5
Section 1563
Section 142(1)3
ITA 252/VNS/2019[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

13. It is a trite law that ld. PCIT while exercising revisionary jurisdiction under Section 263, firstly, has to specifically pinpoint what is erroneous and prejudicial to the interest of the Revenue in the order and secondly, what was the enquiry which AO has not done. He has to specify where AO has lacked in his enquiry and it should

VISHAL KANODIA,VARANASI vs. PCIT,, VARANASI

In the result, appeal of the assessee is allowed

ITA 85/VNS/2019[2014-2015]Status: DisposedITAT Varanasi07 Dec 2023AY 2014-2015
Section 143(3)Section 263

13. It is a trite law that ld. PCIT while exercising revisionary jurisdiction under Section 263, firstly, has to specifically pinpoint what is erroneous and prejudicial to the interest of the Revenue in the order and secondly, what was the enquiry which AO has not done. He has to specify where AO has lacked in his enquiry and it should

GOPI KRISHNA VINOD KUMAR HUF,GORAKHPUR vs. PCIT,, GORAKHPUR

In the result, appeal of the assessee is allowed

ITA 111/VNS/2020[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

13. It is a trite law that ld. PCIT while exercising revisionary jurisdiction under Section 263, firstly, has to specifically pinpoint what is erroneous and prejudicial to the interest of the Revenue in the order and secondly, what was the enquiry which AO has not done. He has to specify where AO has lacked in his enquiry and it should

VINOD KUMAR SARAF HUF,GORAKHPUR vs. PCIT,, GORAKHPUR

In the result, appeal of the assessee is allowed

ITA 112/VNS/2020[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

13. It is a trite law that ld. PCIT while exercising revisionary jurisdiction under Section 263, firstly, has to specifically pinpoint what is erroneous and prejudicial to the interest of the Revenue in the order and secondly, what was the enquiry which AO has not done. He has to specify where AO has lacked in his enquiry and it should

ANJU JHUNJHUNWALA,VARANASI vs. PCIT, VARANASI

In the result, appeal of the assessee is allowed

ITA 198/VNS/2019[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

13. It is a trite law that ld. PCIT while exercising revisionary jurisdiction under Section 263, firstly, has to specifically pinpoint what is erroneous and prejudicial to the interest of the Revenue in the order and secondly, what was the enquiry which AO has not done. He has to specify where AO has lacked in his enquiry and it should

M/S AVANTIKA INFRAVENTURE (P) LTD.,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, VARANASI

In the result, the appeals of the assessee for the Assessment Years

ITA 23/VNS/2020[2013-2014]Status: DisposedITAT Varanasi13 Oct 2022AY 2013-2014

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

For Appellant: NoneFor Respondent: Sh. R.K. Vishwakarma, CIT DR
Section 153ASection 234ASection 36

c) of the Income Tax Act, 1961, is being initiated separately for concealment of income.” 9. Thus, it is clear that the AO has stated the fact that the assessee advanced the interest free loan to the sister concerns which was disbursed from PNB term loan account. This fact has not been disputed by the assessee as the amount

M/S AVANTIKA INFRAVENTURE (P) LTD.,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, VARANASI

In the result, the appeals of the assessee for the Assessment Years

ITA 22/VNS/2020[2012-2013]Status: DisposedITAT Varanasi13 Oct 2022AY 2012-2013

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

For Appellant: NoneFor Respondent: Sh. R.K. Vishwakarma, CIT DR
Section 153ASection 234ASection 36

c) of the Income Tax Act, 1961, is being initiated separately for concealment of income.” 9. Thus, it is clear that the AO has stated the fact that the assessee advanced the interest free loan to the sister concerns which was disbursed from PNB term loan account. This fact has not been disputed by the assessee as the amount

N.E. RAILWAY EMPLOYEES MULTI STATE PRIMARY CO-OPRATIVE BANK LTD., ,GORAKHPUR vs. ACIT, RANGE - 01,, GORAKHPUR

In the result, the appeals of the assessee for the assessment years 2009-

ITA 80/VNS/2018[2009-2010]Status: DisposedITAT Varanasi09 Jun 2022AY 2009-2010

Bench: Hon’Ble Sh. Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharay: 2009-10 Ay: 2013-14 Ay: 2014-15 N.E. Railway Employees Multi State V. Acit, Primary Co-Operative Bank Ltd., Range-1, Gorakhpur Railway Colony, Mohaddipur Road, Gorakhpur, U.P. Pan-Aaajn0595P (Appellant) (Respondent) Appellant By: Anil Kumar Pandey, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 24.05.2022 Date Of Pronouncement: 09.06.2022 O R D E R

For Appellant: Anil Kumar Pandey, AdvocateFor Respondent: Sh. A.K. Singh, Sr. D.R
Section 142(1)Section 143(3)Section 156Section 4Section 80PSection 80P(2)(a)

c) in section 5,— (i) after clause (cc), the following clauses shall be inserted namely:— (cci) “co-operative bank” means a state co-operative bank, a central co-operative bank and a primary co-operative bank; (ccii) “co-operative credit society” means a co- operative society, the primary object of which is to provide financial accommodation to its members

N.E. RAILWAY EMPLOYEES MULTI STATE PRIMARY COOPERATIVE BANK LTD.,,GORAKHPUR vs. ACIT, RANGE - 01, GORAKHPUR

In the result, the appeals of the assessee for the assessment years 2009-

ITA 81/VNS/2018[2013-2014]Status: DisposedITAT Varanasi09 Jun 2022AY 2013-2014

Bench: Hon’Ble Sh. Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharay: 2009-10 Ay: 2013-14 Ay: 2014-15 N.E. Railway Employees Multi State V. Acit, Primary Co-Operative Bank Ltd., Range-1, Gorakhpur Railway Colony, Mohaddipur Road, Gorakhpur, U.P. Pan-Aaajn0595P (Appellant) (Respondent) Appellant By: Anil Kumar Pandey, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 24.05.2022 Date Of Pronouncement: 09.06.2022 O R D E R

For Appellant: Anil Kumar Pandey, AdvocateFor Respondent: Sh. A.K. Singh, Sr. D.R
Section 142(1)Section 143(3)Section 156Section 4Section 80PSection 80P(2)(a)

c) in section 5,— (i) after clause (cc), the following clauses shall be inserted namely:— (cci) “co-operative bank” means a state co-operative bank, a central co-operative bank and a primary co-operative bank; (ccii) “co-operative credit society” means a co- operative society, the primary object of which is to provide financial accommodation to its members

N.E. RAILWAY EMPLOYEES MULTI STATE PRIMARY COOPARATIVE BANK LTD.,,GORAKHPUR vs. ACIT, RANGE - 01,, GORAKHPUR

In the result, the appeals of the assessee for the assessment years 2009-

ITA 82/VNS/2018[2014-2015]Status: DisposedITAT Varanasi09 Jun 2022AY 2014-2015

Bench: Hon’Ble Sh. Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharay: 2009-10 Ay: 2013-14 Ay: 2014-15 N.E. Railway Employees Multi State V. Acit, Primary Co-Operative Bank Ltd., Range-1, Gorakhpur Railway Colony, Mohaddipur Road, Gorakhpur, U.P. Pan-Aaajn0595P (Appellant) (Respondent) Appellant By: Anil Kumar Pandey, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 24.05.2022 Date Of Pronouncement: 09.06.2022 O R D E R

For Appellant: Anil Kumar Pandey, AdvocateFor Respondent: Sh. A.K. Singh, Sr. D.R
Section 142(1)Section 143(3)Section 156Section 4Section 80PSection 80P(2)(a)

c) in section 5,— (i) after clause (cc), the following clauses shall be inserted namely:— (cci) “co-operative bank” means a state co-operative bank, a central co-operative bank and a primary co-operative bank; (ccii) “co-operative credit society” means a co- operative society, the primary object of which is to provide financial accommodation to its members