DABUR INVEST CORP,NEW DELHI vs. JCIT, RANGE-46, NEW DELHI

ITA 2447/DEL/2022Status: DisposedITAT Delhi04 June 2025AY 2017-18Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI AVDHESH KUMAR MISHRA (Accountant Member)33 pages
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What did the Tribunal hold?

The Tribunal held that the option price received by the assessee is a capital receipt, to be adjusted at the time of share transfer. The High Court had previously dismissed the Revenue's appeals on this issue, establishing consistency.

What were the facts?

The assessee received an option price as per a joint venture agreement for its shareholding in a company. The Revenue treated this option price as revenue receipt, while the assessee claimed it as a capital receipt adjustable against capital gains.

What were the issues?

The primary issue was whether the option price received by the assessee was a capital receipt or a revenue receipt. Another issue concerned the allowability of business promotion expenses.

Which sections of the Income-tax Act were involved?

Section 48

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Cases cited in this judgment(13)Show list

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ITA Nos.2453, 2454, 2447 & 2448/DEL/2022

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E” NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER िनधा"रणवष"/Assessment Year: 2017-18 बनाम ACIT, Dabur Invest Corp., 4th Floor, Punjab Bhawan, Circle-46(1), Room No.106, Vs. Drum Shape Building, I.P. Estate, New Delhi. New Delhi. PAN No.AADFD2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2018-19 बनाम ACIT, Dabur Invest Corp., 4th Floor, Punjab Bhawan, Circle-46(1), Room No.106, Vs. Drum Shape Building, I.P. Estate, New Delhi. New Delhi. PAN No.AADFD2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2017-18 बनाम Dabur Invest Corp., JCIT, 4th Floor, Punjab Bhawan, Vs. Range-46, New Delhi. New Delhi. PAN No.AADFD2529D अपीलाथ" Appellant ""यथ"/Respondent िनधा"रणवष"/Assessment Year: 2018-19 बनाम Dabur Invest Corp., JCIT, 4th Floor, Punjab Bhawan, Vs. Range-46, New Delhi. New Delhi. PAN No.AADFD2529D अपीलाथ" Appellant ""यथ"/Respondent

Assessee by Shri M.P. Rastogi, Adv. Shri Shivam Malik, Adv. & Shri Ajay Marwah, CA Revenue by Ms. Monika Dhami, CIT DR

सुनवाईक"तारीख/ Date of hearing: 03.04.202

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