CIT v. D&M Components Ltd.

364 ITR 179High Court#20616 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2018 to 2024.

Judgments citing CIT v. D&M Components Ltd.

Pr. Commissioner of Income Tax- 18 vs. M/S Wig Investment

The appeal is disposed of in the aforesaid terms

ITA/169/2020HC Delhi15 Jan 2024

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 143(3)Section 2(22)(e)Section 263

…ore than 12 months preceding the date of their transfer, the income derived from such transaction should be treated as capital gain. 8.1 In support of the aforesaid submissions, reliance was placed on the following decisions: CIT vs. D&M Components Ltd. 364 ITR 179; CIT vs. H. Holck Larsen (1986) 3 SCC 364; PVS Raju vs. ACIT (2012) 340 ITR 75; Raja Bahadur Visheshwara Singh vs. CIT (1961) 41 ITR 685 and P M Mohammad Meerakhan vs. CIT (1969) 2 SCC 25. 8.2 As regards the other issue, it was submitted that once the Tribunal concluded (and in this regard, agreed with the observation of the AO) that Mr Pr…

Padmavathi Dhareppa Uppar, Bengaluru vs. Assistant Commissioner of Income Tax, Circle- 6(3)(1), Bengaluru

In the result appeal filed by assessee stands dismisses

ITA 1962/BANG/2019[2015-16]Status: DisposedITAT Bangalore18 Dec 2020AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2015 – 16

For Respondent: Shri Omprakash Jain, C.A

Section 143

…the profit earned by assessee on sale of such shares within a short period of time shows, intention of assessee was to generate income through trade, rather than invest in them. 5.7Hon’ble Delhi High Court in the case of CIT vs D&M Components Ltd reported in 364 ITR 179 had observed as under: “18. We find the Hon’ble Delhi High Court in the case of D & M Components Ltd. (supra) while deciding a somewhat identical issue has held that where there was short duration of holding of shares and lack of clarity in account books, sale and purchase of shares would lead to business income and not short term capital gains.…

Mahesh Chand Goyal (HUF), New Delhi vs. ACIT, New Delhi

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

ITA 5038/DEL/2015[2011-12]Status: DisposedITAT Delhi24 Jul 2019AY 2011-12

Bench: Shri N.K. Billaiya & Shri Laliet Kumar[Assessment Year: 2011-12]

…d upon the decision of the Co-ordinate Bench in the case of Mahesh Chandra Agarwal vs ACIT, Circle-36(1), New Delhi, (93 taxmann.com 246). The Ld. DR further relied upon the decision of the Hon’ble Delhi High Court in the case of CIT vs D & M Components Ltd. 364 ITR 179(Del.) and further relied upon the decision of the Co- ordinate Bench in the case of Smt. Prem Jain vs ITO in ITA No.2572/Del/2016. 10. We have given a thoughtful consideration to the order of the authorities below. The details of Short Term Capital Gains are exhibited elsewhere from which it can be seen that the assessee has purchased shares of…

Divya Shakti Trading Services Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result appeal filed by assessee stands allowed for statistical purposes

ITA 5029/DEL/2012[2008-09]Status: DisposedITAT Delhi23 Aug 2018AY 2008-09

Bench: Sri R.K.Panda & Smt. Beena A Pillaia.Y. 2008-09 Dy.Cit Vs. M/S Divya Shakti Trading Services Ltd. Circle 10(1) (Now M/S Indiabulls Advisory Services Ltd.) New Delhi F 60, 2Nd Floor, Malhotra Building Cannaught Place New Delhi Pan: Aaccd4953E A.Y. 2008-09 M/S Divya Shakti Trading Services Dy.Cit Ltd. Vs. Circle 10(1) (Now M/S Indiabulls Advisory New Delhi Services Ltd.) New Delhi Pan: Aaccd4953E (Appellant) (Respondent)

Section 142(1)Section 143Section 14ASection 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: BENCH “B” : NEW DELHI BEFORE SRI R.K.PANDA, ACCOUNTANT MEMBER AND SMT. BEENA A PILLAI, JUDICIAL MEMBER A.Y. 2008-09 Dy.CIT vs. M/s Divya Shakti Trading Services Ltd. Circle 10(1) (Now M/s Indiabulls Advisory Services Ltd.) New Delhi F 60, 2nd floor, Malhotra building Cannaught Place New Delhi PAN: AACCD4953E A.Y. 2008-09 M/s Divya Shakti Trading Services Dy.CIT Ltd. vs. Circle 10(1) (Now M/s Indiabulls Advisory New Delhi Services Ltd.) New Delhi PAN: AACCD4953E (Appellant) (Respondent) Assessee by Sh. Gautam Jain, Sh. Piyush Kr. Kamal, Advs & Sh.Lalit Mohan,…