Income Tax Officer (It)-4(1)(1), Mumbai vs. Mr. Prabhakar Raghavendra Rao, Mumbai
In the result, appeal of the revenue is dismissed
ITA 3985/MUM/2018[2014-15]Status: DisposedITAT Mumbai06 Nov 2019AY 2014-15
Bench: Shri M.Balaganesh, Am & Shri Amarjit Singh, Jm Income Tax Officer (Intl. Vs. Mr. Prabhakar Raghavendra Tax) – 4(1)(1), Rao 1729, Air India Building Flat No.602, Palm Paradise Nariman Point Palm Beach Road Mumbai – 400 021 Sector-17, Sanpada, Navi Mumbai – 400 705 Pan/Gir No. Aafpr3259K (Appellant) .. (Respondent)
Section 119(2)(b)Section 143Section 143(3)Section 43B
…ase of CIT v. Narayan Dairy Products [1996] 219 ITR 478/85 Taxman 375 (SC) (SC) wherein the similar word transfer was interpreted. Further, he also referred to the decision of Hon'ble Kerala High Court in the case of Blue Bay Fisheries (P.) Ltd. v. CIT [1987] 166 ITR 1/31 Taxman 393 (Ker), wherein the same issue of transfer is discussed. According to DIT(IT), transfer of shares of Moran Tea Co. (I) Ltd., transferring the controlling interest in the business of the said company and accordingly, the resultant receipt is capital gains taxable u/s. 55(2)(a) of the Act. 7. In view of the above facts, we are of the vie…