CIT v. M. J. Siwani

366 ITR 356High Court2014#5380 most cited

What is CIT v. M. J. Siwani authority for?

Dismissal of a Special Leave Petition (SLP) by the Supreme Court does not necessarily mean the Supreme Court concurred with the High Court's decision, but rather that it found no reason to interfere with the High Court's ruling. The Karnataka High Court in CIT v. M. J. Siwani held that ownership or co-ownership of property is a crucial factor for claiming deduction under Section 54F.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. M. J. Siwani · Section 54F · ownership of property · co-ownership · deduction · capital gains · SLP dismissal · Karnataka High Court · Supreme Court

Also reported as

46 Taxmann.com 170226 Taxmann 394

Issues it is cited on

Judgments citing CIT v. M. J. Siwani

M/S. Sasken Technologies Limited, Bangalore vs. Joint Commissioner of Income Tax, Special Range - 6, Bangalore

In the result, appeal of the assessee is partly allowed

ITA 2546/BANG/2019[2016-17]Status: DisposedITAT Bangalore18 Mar 2022AY 2016-17

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2016-17 M/S. Sasken Technologies Limited, Vs. Jcit, No.139/25, Ring Road, Domlur, Special Range – 6, Bengaluru-560071. Bengaluru. Pan : Aaecs 6424 R Appellant Respondent Appellant By : Shri. Padam Chand Khincha, Ca Respondent By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 09.03.2022 Date Of Pronouncement : 16.03.2022 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Assessee Against The Order Dated 27.11.2019 Of Cit(A), Bengaluru -10, Relating To Assessment Year 2016-17. 2. Ground No.1 Raised By The Assessee Is General & Calls For No Specific Adjudication. Grounds Nos.2 & 3 Raised By The Assessee Is With Regard To The Issue Whether The Gain On Sale / Assignment Of Intellectual Property Rights (Ipr) Is Assessable To Tax At All & If So Assessable To Tax Whether It Has To Be Assessed To Tax Under The Head “Income From Business Or Profession” Or “Capital Gain”. Page 2 Of 31

For Appellant: Shri. Padam Chand Khincha, CAFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 1

…Spreadtrum. This dilution in Page 15 of 31 ownership results in abrogation of absolute right of the appellant. Dilution in ownership is also transfer under section 2(47) based on the Jurisdictional High Court decision in the case of CIT v. M.J. Siwani [2014] 366 ITR 356 (Kam.). Where the owner of the intangible asset like know-how sells in or grants an exclusive license to another which pro-tanto disentitles the owner from exercising its rights therein, the transaction amounts to an assignment of capital rights and the payment to be regarded as a capital receipt. Reliance is placed on the following decisions: -…

CIT v. M. J. Siwani (366 ITR 356) — Cited in 22 Judgments | BharatTax