SHRI RAMPRIYA DEVELOPERS PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOMETAX, CIRCLE-3(1), HYDERABAD
What did the Tribunal hold?
The Tribunal held that the transaction of purchase and sale of shares was not genuine and was designed to avoid tax. The CIT(A)'s recomputation of the short-term capital loss by adopting a lower purchase price was upheld.
What were the facts?
The assessee company, engaged in loans and investments, claimed a short-term capital loss from share sales and interest expenditure. The Assessing Officer made disallowances, which were partly upheld and partly deleted by the CIT(A). The CIT(A) recomputed the short-term capital loss by adopting a lower purchase price per share.
What were the issues?
Whether the short-term capital loss claimed by the assessee was genuine and whether interest expenditure was disallowable under Section 14A.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(15)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Durga Prasad More1,579 citing82 ITR 540 · 1971 · SC
- Eastern Investments Ltd. v. CIT346 citing20 ITR 1 · 1960 · SC
- Additionally, in CIT v. A. Raman & Co.321 citing67 ITR 11 · 1968 · SC
- Dhirajlal Girdharilal v. CIT196 citing26 ITR 736 · 1954 · SC
- Jamshedpur Motor Accessories Stores v. CIT140 citing72 ITR 612 · 1969 · SC
- SA Builders, 288 ITR 1 (SC) and CIT v. Panipat Woollen and General Mills Company Ltd.105 citing103 ITR 66 · 1976 · SC
- Lachminarayan Madan Lal v. CIT96 citing86 ITR 439 · 1972 · SC
- CIT v. Laxminarain Badridas79 citing5 ITR 170 · 1937 · SC
- Swadeshi Cotton Mills Co. Ltd. v. CIT67 citing63 ITR 57 · 1967 · SC
- CITVs T.S. HajeeMoosa& Co. (Mad) 153 ITR 422; Mysore Kirloskar Ltd. v. CIT(Kar)28 citing122 ITR 839 · 1980 · HC
- CIT v. Travancore Sugars & Chemicals Ltd.21 citing88 ITR 1 · 1973 · SC
- Binodiram Balchand v. Commissioner of Income Tax (48 1TR 548)18 citing65 ITR 1 · 1967 · HC
- CIT v. Chandravilas Hotel (8 citing108 ITR 719 · 1977 · HC
- Newton Studio Ltd. v. CIT7 citing28 ITR 378 · 1955 · HC
- Bengal Enamel Works Ltd. v. CIT6 citing77 ITR 119 · SC
Income Tax Appellate Tribunal, Hyderabad ‘A‘ Bench, Hyderabad
Before: Shri Laliet Kumar & Shri Manjunatha, G.
Per Manjunatha, G. A.M This appeal filed by the assessee is directed against the order dated 28.09.2017 of the learned CIT (A)-5, Hyderabad, relating to A.Y. 1999-2000. 2. The assessee has raised the following grounds:
“1. The order of the learned Commissioner of Income Tax (Appeals)-5, Hyderabad, is erroneous both on facts and in law so far as it is prejudicial to the appellant.
ITA No 1946 of 2017 Sri Rampriya Developers Pvt Ltd
The learned Commissioner of Income Tax (Appeals)-5, Hyderabad, erred in confirming the interest disallowanc
The order continues below.
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