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1,721 results for “capital gains”+ Section 40A(3)clear

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Key Topics

Addition to Income55Disallowance51Section 143(3)46Section 26333Deduction33Section 14A26Section 10A24Section 4018Section 80I16Depreciation

MURTUJA HUSAINBHAI HIRANI,NA vs. ARIVS.INCOME TAX OFFICER, WARD - 3, , NAVSARI

In the result, the appeal of the assessee is allowed

ITA 196/SRT/2023[2014-15]Status: DisposedITAT Surat26 Jun 2023AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.196/Srt/2023 "नधा"रण वष"/Assessment Year: (2014-15) (Physical Hearing) Murtuja Hussainbhai Hirani, Vs. The Ito, Ward-3, Prop. Of R. K. Bullion, Navsari Shop No.5, Pranav Chamber Madhumati, Navsari – 396445, Gujarat. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aciph3680D Appellant By Shri Rasesh Shah, Ca Respondent By Shri Vinod Kumar, Sr. Dr 09/06/2023 Date Of Hearing Date Of Pronouncement 26/06/2023

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 40A(3)

capital account by the assessee and as estimated by the assessing officer. 3. It is prayed that the assessment may please be quashed and/or addition made by the assessing officer may please be deleted. 4. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” 3

Showing 1–20 of 1,721 · Page 1 of 87

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Section 80H11
Section 6811

A DAGA ROYAL ARTS,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 1065/JPR/2016[2013-14]Status: DisposedITAT Jaipur15 May 2018AY 2013-14
For Appellant: Shri Rajeev Sogani (C.A)For Respondent: Shri J. C. Kulhari (JCIT)
Section 40A(3)

capital asset, being investments, are not covered by the provisions of section 40A(3) of Act. Regarding AO’s observation that the auditors have mentioned that the assessee is engaged in the real estate business, it was submitted that the auditors have rightly mentioned their real estate business and nothing adverse could have been inferred by the AO because

IQBAL AHMED KHALILAMED SUBEDAR,MUMBAI vs. ITO 22(1)(2), NAVI MUMBAI

In the result, the appeal of the assessee for the A

ITA 4896/MUM/2015[2008-09]Status: DisposedITAT Mumbai04 Oct 2017AY 2008-09

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2135/Mum/2013 (नििाारण वर्ा / Assessment Year : 2009-10 ) आयकर अपीऱ सं./I.T.A. No.4896/Mum/2015 (नििाारण वर्ा / Assessment Year : 2008-09)

For Appellant: Shri. S.C. Tiwari & RutejaFor Respondent: Shri B.C.S. Naik(CIT-DR)
Section 143(3)Section 253(3)Section 40A(3)

capital accounts were submitted before learned CIT(A). It was submitted that although A.O failed to verify the purchases as notices u/s133(6) returned unserved and purchase parties could not be traced but sales were accepted by the A.O and there cannot be sales unless the purchases have been made by the assessee. The assessee relied upon the various case

IQBAL AHMAED KHALIL AHMED SUBEDAR,MUMBAI vs. ITO 22(1)(2), MUMBAI

In the result, the appeal of the assessee for the A

ITA 2135/MUM/2013[2009-10]Status: DisposedITAT Mumbai04 Oct 2017AY 2009-10

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2135/Mum/2013 (नििाारण वर्ा / Assessment Year : 2009-10 ) आयकर अपीऱ सं./I.T.A. No.4896/Mum/2015 (नििाारण वर्ा / Assessment Year : 2008-09)

For Appellant: Shri. S.C. Tiwari & RutejaFor Respondent: Shri B.C.S. Naik(CIT-DR)
Section 143(3)Section 253(3)Section 40A(3)

capital accounts were submitted before learned CIT(A). It was submitted that although A.O failed to verify the purchases as notices u/s133(6) returned unserved and purchase parties could not be traced but sales were accepted by the A.O and there cannot be sales unless the purchases have been made by the assessee. The assessee relied upon the various case

SANJEEV KUMAR KATHURIA,YAMUNA NAGAR vs. INCOME TAX OFFICER WARD 1 , YAMUNANAGAR

In the result, the appeal of the assessee is allowed

ITA 329/CHANDI/2024[2018-19]Status: DisposedITAT Chandigarh27 Feb 2025AY 2018-19

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Ajay Jain, C.AFor Respondent: Smt. Kusum Bansal, CIT, DR
Section 143(2)Section 143(3)Section 263Section 40A(3)

40A(3) of Income Tax Act and same has been challenged before NFAC New Delhi. 9. The ld. AR further submitted that the Assessing officer has made enquiry in respect of FMV of residential house as on 1-4-2001 vide notice under section 142(1) dated 07/02/2020 and asked for details of sale of property and capital gain

DCIT, JAIPUR vs. JADAU JEWELLERS & MFG (P) LTD., JAIPUR

In the result, the appeals filed by the assessee are partly allowed and that of the Revenue are dismissed

ITA 502/JPR/2016[2010-11]Status: DisposedITAT Jaipur28 Feb 2017AY 2010-11
For Appellant: Shri Vijay Goyal and Shri Gulshan Agarwal, CAFor Respondent: Shri R.A. Verma, Addl.CIT - DR
Section 142Section 144Section 153A

gains of business or profession under sub-section (3) and this sub-section where a payment or aggregate of payments made to a person in a day, otherwise than by account payee cheque drawn on a bank or account payee bank draft, exceeds twenty thousand rupees, in such case and under such circumstances as may be prescribed, having regard

SMT. MANJU GUPTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, JAIPUR

In the result, the ground of the assessee's appeal is allowed

ITA 251/JPR/2019[2015-16]Status: DisposedITAT Jaipur22 Jun 2021AY 2015-16
For Appellant: Shri Vedant Agarwal (CA) &For Respondent: Shri Ambrish Bedi (CIT-DR)
Section 2(22)(e)Section 40A(3)

40A(3). 15. That the assessee company and the Skyways Industrial Estate Pvt. Ltd. are in the same business of real estate and money has been taken for the ordinary course of business. He relied on the decision of Hon'ble ITAT Delhi in M/s Exotica & Infrastructure Company Pvt. Ltd. [decided on 24.06.2020]. 7. On the other hand

M/S SKYWAYS TOWNSHIP PVT LTD. 1/2 LIC FLATS, VIDYADHAR NAGAR, SECTOR-6, JAIPUR,JAIPUR vs. DCIT CIRCLE-4, JAIPUR, JAIPUR

In the result, the ground of the assessee's appeal is allowed

ITA 250/JPR/2019[2015-2016]Status: DisposedITAT Jaipur22 Jun 2021AY 2015-2016
For Appellant: Shri Vedant Agarwal (CA) &For Respondent: Shri Ambrish Bedi (CIT-DR)
Section 2(22)(e)Section 40A(3)

40A(3). 15. That the assessee company and the Skyways Industrial Estate Pvt. Ltd. are in the same business of real estate and money has been taken for the ordinary course of business. He relied on the decision of Hon'ble ITAT Delhi in M/s Exotica & Infrastructure Company Pvt. Ltd. [decided on 24.06.2020]. 7. On the other hand

M/S SKYWAYS TOWNSHIP PVT. LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-4-2, JAIPUR

In the result, the ground of the assessee's appeal is allowed

ITA 824/JPR/2019[2014-15]Status: DisposedITAT Jaipur22 Jun 2021AY 2014-15
For Appellant: Shri Vedant Agarwal (CA) &For Respondent: Shri Ambrish Bedi (CIT-DR)
Section 2(22)(e)Section 40A(3)

40A(3). 15. That the assessee company and the Skyways Industrial Estate Pvt. Ltd. are in the same business of real estate and money has been taken for the ordinary course of business. He relied on the decision of Hon'ble ITAT Delhi in M/s Exotica & Infrastructure Company Pvt. Ltd. [decided on 24.06.2020]. 7. On the other hand

M/S RENUKAMATA MULTI STATE CO-OP. URBAN CREDITN SOC. LTD.,MUMBAI vs. THE ASSTT. CIT, CC-4(4), MUMBAI

ITA 1725/MUM/2023[2016-17]Status: DisposedITAT Mumbai30 Jul 2024AY 2016-17
For Appellant: Shri Dharmendra KansaraFor Respondent: Ms. Mahita Nair
Section 142Section 153DSection 250Section 68

40A(3) of the Act were\nintroduced to counter evasion of tax by way of claiming expenditure which is\nincurred in cash, wherein the identity of the payee and reasonableness of the\npayment is unclear. However, in the present case, it is undisputed that the\nassessee is a credit co-operative society and received the money in the normal\ncourse

M/S RENUKAMATA MULTI STATE CO-OP. URBAN CREDITN SOC. LTD.,MUMBAI vs. THE ASSTT. CIT, CC-4(4), MUMBAI

In the result, the appeal by the assessee is partly allowed, while the\nappeal by the Revenue is dismissed

ITA 1726/MUM/2023[2017-18]Status: DisposedITAT Mumbai30 Jul 2024AY 2017-18
For Appellant: Shri Dharmendra KansaraFor Respondent: Ms. Mahita Nair
Section 142Section 153DSection 250Section 68

40A(3) of the Act were\nintroduced to counter evasion of tax by way of claiming expenditure which is\nincurred in cash, wherein the identity of the payee and reasonableness of the\npayment is unclear. However, in the present case, it is undisputed that the\nassessee is a credit co-operative society and received the money in the normal\ncourse

JCIT (OSD), CC-4(4), MUMBAI vs. M/S. SHRI RENUKAMATA MULTI-STATE COOPERATIVE URBAN CREDIT SOCIETY LTD., AHAMEDNAGAR

ITA 2078/MUM/2023[2018-2019]Status: DisposedITAT Mumbai30 Jul 2024AY 2018-2019
For Appellant: Shri Dharmendra KansaraFor Respondent: Ms. Mahita Nair
Section 142Section 153DSection 250Section 68

40A(3) of the Act were\nintroduced to counter evasion of tax by way of claiming expenditure which is\nincurred in cash, wherein the identity of the payee and reasonableness of the\npayment is unclear. However, in the present case, it is undisputed that the\nassessee is a credit co-operative society and received the money in the normal\ncourse

SHRI RENUKAMATA MULTI-STATE CO-OPERATIVE URBAN SOCIETY LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(4), MUMBAI

ITA 1727/MUM/2023[2018-2019]Status: DisposedITAT Mumbai30 Jul 2024AY 2018-2019
For Appellant: Shri Dharmendra KansaraFor Respondent: Ms. Mahita Nair
Section 142Section 153DSection 250Section 68

40A(3) of the Act were\nintroduced to counter evasion of tax by way of claiming expenditure which is\nincurred in cash, wherein the identity of the payee and reasonableness of the\npayment is unclear. However, in the present case, it is undisputed that the\nassessee is a credit co-operative society and received the money in the normal\ncourse

INTERNATIONAL SHIPS STORES SUPPLIERES,MUMBAI vs. JCIT RG 13(2), MUMBAI

In the result appeal of the assessee is dismissed

ITA 2502/MUM/2013[2009-10]Status: DisposedITAT Mumbai28 Oct 2016AY 2009-10

Bench: Shri G.S. Pannu() & Shri Ravish Sood () Assessment Year: 2009-10 International Ships Stores Suppliers Vs. Jcit, Range 13(2) 101, Navratan, 69 P.D. Mello Road Mumbai 1St Floor, Carnac Bunder, Mumbai Pan No. Aaafi0135Q (Appellant) (Respondent) Revenue By : Mr. Deepak Traslhawala Assessee By : Mr. Javed Akhtar Date Of Hearing : 25/07/2016 Date Of Pronouncement : 28/10/2016

For Appellant: Mr. Javed AkhtarFor Respondent: Mr. Deepak Traslhawala
Section 143(3)Section 40A(3)

40A(3), had held :- “Genuine and bona fide transactions are not taken out of the sweep of the section.” , therefore the aforesaid contention of the assessee would thus fail on the said count too. Thus in light of our aforesaid observations, the ground no.1 of the appeal is dismissed and the order of the CIT(A) to the extent sustaining

SRI MALAY MONDAL,BURDWAN vs. I.T.O WD - 2(2),ASANSOL, ASANSOL

In the result, the appeal of the Assessee is allowed

ITA 903/KOL/2013[2008-2009]Status: DisposedITAT Kolkata28 Sept 2016AY 2008-2009

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 133(6)Section 143(2)Section 40A(3)

capital and penalty by Excise Department. The main component of purchase price deposited by me in the bank account of Asansol Bottling & Packaging Co. Pvt. Ltd is 70% in the form of Excise Duty, Vat and T.C.S and the balance 30% is cost of liquor. Sec 40A(3) was originally inserted by the Finance Act 1968 with effect from

THE INCOME TAX OFFICER, AMRITSAR. vs. SH. SHIV RAJ SINGH BAWA, AMRITSAR.

In the result, the Revenue’s appeal is allowed and the assessee’s CO, dismissed

ITA 407/ASR/2016[2012-13]Status: DisposedITAT Amritsar30 Jan 2019AY 2012-13

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 407/Asr/2016 Assessment Year: 2012-13

For Appellant: Sh. Charan Dass (D.R.)For Respondent: Sh. Tarun Bansal (Adv.)
Section 143(3)Section 40A(3)

gains of business or profession under sub-section (3) and this sub-section where a payment or aggregate of payments made to a person in a day, otherwise than by an account payee cheques drawn on a bank or account payee bank draft, exceeds twenty thousand rupees, in such cases and under such circumstances as may be prescribed, having regard

M/S. RATILAL & SONS,MUMBAI vs. INCOME TAX OFFICER-17(3)(1), MUMBAI

In the result, appeal by the assessee is allowed

ITA 5276/MUM/2019[2015-16]Status: DisposedITAT Mumbai21 Apr 2022AY 2015-16

Bench: Shri Sandeep Singh Karhail & Shri Gagan Goyal

For Appellant: Shri Jitendra singhFor Respondent: Shri Chandra Vijay, CIT–DR
Section 143(3)Section 250Section 40Section 40A(3)

40A(3) of the Act, provided the conditions of section 40(b) of the Act are not applicable, shall be allowed as deduction while computing the income under the head ‘Profits and gains of business or profession’. 12. Our aforesaid conclusion is also supported by accounting treatment of remuneration paid to the partner by the firm. As the salaries paid

SUBHASH PARETA,KOTA vs. ACIT, KOTA

In the result, the appeal of the assessee and the revenue are disposed off with above directions

ITA 434/JPR/2016[2011-12]Status: DisposedITAT Jaipur09 Oct 2017AY 2011-12
For Appellant: NoneFor Respondent: Shri S.L.Chandel (Addl. CIT) fu/kZkfjrh dh vksj ls@
Section 142Section 40A(3)Section 69Section 69C

capital expenditure u/s 37 should have been factored in by the AO while estimating the net profit @ 12.5% and replacing the net profit u/s 29 determined by the assessee and hence, separate addition on this account is not warranted. Hence, the said findings of the ld CIT(A) is set-aside and the ground no. 4 of assessee’s appeal

NIKHIL JAIN (L/H OF BEENA JAIN),NEW DELHI vs. ACIT CIRCLE-31(1), NEW DELHI

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

ITA 7880/DEL/2019[2016-17]Status: DisposedITAT Delhi08 Apr 2021AY 2016-17

Bench: Shri R.K. Pandaassessment Year: 2016-17 Nikhil Jain Vs Acit, (L/H Of Beena Jain), Circle-31(1), H-41, Green Park Extn., New Delhi. New Delhi. Pan: Aagpj1088H (Appellant) (Respondent) Assessee By : Shri S. Krishnan, Advocate & Shri Puneet Rai, Ca Revenue By : Shri Sanjiv Mahajan, Sr. Dr Date Of Hearing : 27.01.2021 Date Of Pronouncement : 08.04.2021 Order

For Appellant: Shri S. Krishnan, Advocate &For Respondent: Shri Sanjiv Mahajan, Sr. DR
Section 40A(3)

capital gains and other sources. She filed her return of income on 12th October, 2016 declaring the total income at Rs.18,21,460/-. During the course of assessment proceedings, the AO noted that the assessee has not disallowed any amount in excess of Rs.20,000/-paid to a person in a day otherwise than by account payee cheque or account

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE ITO -1 (5), BHOPAL

In the result, appeal of assessee is allowed

ITA 10/IND/2023[22014-15]Status: DisposedITAT Indore03 Aug 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Essargee Construction Ito 1(5) Pvt. Ltd. Bhopal Vs. A-10, Mezenine Floor Essarjee House Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaace 8852F Assessee By Shri Manoj Fadnis, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.07.2023 Date Of Pronouncement 03.08.2023

Section 40Section 40A(3)

gains of business or profession under the said section. Amongst the various clauses, cl. () which is relevant, read as under: (i) where the payment was required to be made on a day on which the banks were closed either on account of holiday or strike: 19. It could be appreciated that s. 40A and in particular sub-cl. (3) thereof