COMMISSIONER OF INCOME TAX vs. ANAND SARABHAI (HK) TRUST N0. 40
What did the High Court hold?
The High Court of Gujarat at Ahmedabad, in Income-Tax Reference No. 252 of 1995, decided not to answer the referred question. The Court stated that for reasons given in the context of an identical question referred to the same Court in I.T. Reference No. 221 of 1995, the said question is left unanswered. Consequently, the reference stands disposed of accordingly, with no order as to costs. The judgment does not provide the reasoning or the ratio decidendi from the earlier reference, nor does it elaborate on the specific findings of the Tribunal or the arguments presented by either party. The operative direction is to dispose of the reference without answering the question.
What were the facts?
The Income-Tax Appellate Tribunal, Ahmedabad, referred a question of law to the High Court of Gujarat at Ahmedabad concerning the taxability of shares, debentures, and bonds received by the assessee from amalgamated companies. The Commissioner of Income Tax is the petitioner, and Anand Sarabhai (HK) Trust No. 40 is the respondent. The assessment years are not specified. The core of the dispute revolves around whether the receipt of these securities constituted a 'transfer' under Section 2(47) of the Income-Tax Act, 1961, and consequently, whether capital gains tax was leviable. The High Court was asked to decide on the correctness of the Tribunal's finding.
What were the issues?
1. Whether the Appellate Tribunal is right in law and on facts in holding that when the assessee received shares, debentures, and bonds of amalgamated companies, there was no transfer under section 2(47) of the Income-tax Act and consequently no capital gains tax could be charged? Assessee's Contention: The judgment does not record any specific contentions made by the assessee. The Tribunal's finding, which is under challenge, implies that the assessee likely argued that the transaction did not amount to a transfer under Section 2(47) of the Income-tax Act, 1961, and therefore, no capital gains tax was applicable. Revenue's Contention: The judgment does not record any specific contentions made by the revenue. However, the fact that the Commissioner of Income Tax has referred the question to the High Court indicates that the revenue likely argued that the receipt of shares, debentures, and bonds from amalgamated companies did constitute a 'transfer' under Section 2(47) of the Income-tax Act, 1961, and thus, capital gains tax was exigible.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
INCOME TAX REFERENCE No 252 of 1995
For Approval and Signature:
Hon'ble MR.JUSTICE R.K.ABICHANDANI and MR.JUSTICE KUNDAN SINGH ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements?
To be referred to the Reporter or not?
Whether Their Lordships wish to see the fair copy of the judgement?
Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?
Whether it is to be circulated to the Civil Judge?
-------------------------------------------------------------- COMMISSIONER OF INCOME TAX Versus ANAND SARABHAI (HK) TRUST N0. 40 -------------------------------------------------------------- Appearance:
------------------------------------------------------------ Mr. Pranav G Desai for MR MANISH R BHATT for Petitioner D.A.Mehta & R K Patel for respondent. --------------------------------------------------------------
CORAM : MR.JUSTICE R.K.ABICHANDANI and MR.JUSTICE KUNDAN SINGH Date of decision: 02/02/98
ORAL JUDGEMENT
The Income-Tax Appellate Tribunal, Ahmedabad has referred the following question, under the provisions of Section 256(1) of the Income Tax Act, 1961. "Whether the Appellate Tribunal is right in law and on facts in holding that when the assessee received shares, debentures and bonds of amalgamated companies, there was no transfer under section 2(47) of the Income-tax Act and consequently no capital gains tax could be charged ?"
For the reasons given in context of an identical question referred to this Court in I.T. Reference No. 221 of 1995, the said question is left unanswered . The Reference stands disposed of accordingly with no order as to costs.
(R.K.Abichandani,J)
(Kundan Singh,J)
***darji
More judgments on Section 2(47)
- Shailendra Kumar Sogani, Bhopal vs Deputy Commissioner of Income Tax 4(1)…ITA 1076/IND/2025[2012-13]Status: Disposed12 Oct 2026AY 2012-13
- Fireeye Ireland Limited, Ireland vs Assistant Commissioner of Income Tax…ITITA 1431/DEL/2025[2022-2023]Status: Disposed30 Sept 2026AY 2022-2023
- Hiteshkumar Mohanlal Desai, Daman vs The Assessment Unit, ITO, Daman Ward, DamanITA 962/SRT/2025[2018-19]Status: Disposed29 Sept 2026AY 2018-19
- Yousuf Shariff, Bangalore vs ACIT, Circle-1(2)(2), BangaloreITA 2636/BANG/2025[2016-17]Status: Disposed29 Sept 2026AY 2016-17
- Yousuf Shariff, Bangalore vs ACIT, Circle-1(2)(2), BangaloreITA 2635/BANG/2025[2015-16]Status: Disposed29 Sept 2026AY 2015-16
Recent GST High Court judgments
Search GST case law →- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of Hte Deputy CommissionerUttarakhand · 28 Oct 2026