CIT v. N.S.S. Investment Pvt Ltd.

227 ITR 149High Court#11909 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2025.

Also reported as

70 ITD 161

Issues it is cited on

date of transferlong term capital gaintransfersection 143(3)indiatotal incomebusiness

Judgments citing CIT v. N.S.S. Investment Pvt Ltd.

Maruti Suzuki India Ltd., New Delhi vs. DCIT, New Delhi

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

ITA 901/DEL/2017[2012-13]Status: DisposedITAT Delhi08 Oct 2025AY 2012-13

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri G.C. Srivastava, Spl. Counsel for the Department
Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 14ASection 32Section 35Section 43B

…n 1 (Del.)  Pace Industries Ltd. for A.Y. 2000-01 in ITA No.1106/Del/2004 (Del)  CIT vs. S. Ramaamirtham: 306 ITR 239 (Mad.)  CIT v. Trish Investments Ltd..: 305 ITR 434 (Mad).  CIT v. N.S.S. Investment Pvt. Ltd.: 277 ITR 149 (Mad)  Arjun Kapur vs. DCIT: 70 ITD 161 (Del.)  Slocum Investment (P) Ltd. v. DCIT: 106 ITD 1 (Del.)  Gomti Credits (P) Limited v. DCIT: 100 TTJ 1132 (Del).  Ashish Chaudhary v. ITO : ITA No. 5227/Del./2014 (Del. ITAT) In the light of the aforesaid legal position, it is clear that the nature of gain arising on transfer of shares/ securities depends upon the intention of the assessee…

DCIT, New Delhi vs. M/S. Maruti Suzuki India Ltd., New Delhi

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

ITA 1024/DEL/2016[2011-12]Status: DisposedITAT Delhi08 Oct 2025AY 2011-12

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri G.C. Srivastava, Spl. Counsel for the Department
Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 14ASection 32Section 35Section 43B

…n 1 (Del.)  Pace Industries Ltd. for A.Y. 2000-01 in ITA No.1106/Del/2004 (Del)  CIT vs. S. Ramaamirtham: 306 ITR 239 (Mad.)  CIT v. Trish Investments Ltd..: 305 ITR 434 (Mad).  CIT v. N.S.S. Investment Pvt. Ltd.: 277 ITR 149 (Mad)  Arjun Kapur vs. DCIT: 70 ITD 161 (Del.)  Slocum Investment (P) Ltd. v. DCIT: 106 ITD 1 (Del.)  Gomti Credits (P) Limited v. DCIT: 100 TTJ 1132 (Del).  Ashish Chaudhary v. ITO : ITA No. 5227/Del./2014 (Del. ITAT) In the light of the aforesaid legal position, it is clear that the nature of gain arising on transfer of shares/ securities depends upon the intention of the assessee…

Yash Suneja, New Delhi vs. ACIT, Circle-42(1), New Delhi

In the result, appeal of the assessee is allowed

ITA 7947/DEL/2018[2015-16]Status: DisposedITAT Delhi04 Jan 2022AY 2015-16

Bench: Shri R.K. Panda & Shri K.Narasimha Chary

Section 143(3)Section 54F

…% use of ground floor for the commercial purpose, it does not change the character of the remaining building. According to the Ld. CIT(A) the decisions of Hon’ble Jurisdictional Delhi High Court in the cases of Sanjeev Puri 160 ITR 213 (del) and Arjun Kapoor 70 ITD 161 (Delhi) have no obligation to the facts of the case. Holding so, Ld. CIT(A) confirmed the disallowance of exemption claimed by the assessee u/s 54F of the Act. Hence the assessee is now before us in this appeal. 6. Ld. AR submitted that it remains an undisputed fact by the learned Assessing Officer as well as the Ld. CIT(A) that the assessee is r…

Shri Sharad Agrawal, Indore vs. The JCIT Range-4, Indore

In the result, all these three appeals of the Assessees are partly allowed

ITA 153/IND/2013[2009-10]Status: DisposedITAT Indore31 May 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year : 2009-10

Section 111ASection 143(3)Section 147Section 148

…ansactions on the same without taking the delivery of shares. The decision in the case of Janak S Ranawala, 11 SOT 627 (Mum.) further supports the case of the assessee. Likewise, the decision from Hon'ble Madras High Court in CIT vs N.S.S. Investment Pvt Ltd. 227 ITR 149 (Mad), CIT vs Associated Industrial Development Company, 82 ITR 526 (SC) supports the case of the assessee. In the present appeal, we note that the assessee made investment in shares with intention to earn dividend income on appreciation of price Manish Karwa, Sushil Karwa, Smt. Sudha Karwa,Vishnu Karwa, Subhash Chand Karwa, Sushil J. Karwa, Muku…

Sanjay Kumar Poddar, Mumbai vs. JCIT (OSD) 15(1), Mumbai

Appeal is allowed in favour of the assessee, in part

ITA 3150/MUM/2014[2009-10]Status: DisposedITAT Mumbai05 Apr 2017AY 2009-10

Bench: S/Shri Rajendra & Ram Lal Negiआयकर अपील अपील संसंसंसं./I.T.A./3150/Mum/2014, िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2009-10 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Sanjay Kumar J. Poddar, C/O Shankarlal Jt. Commissioner Of Income Tax(Osd), Jain & Associates, Circle 15(1),Matru Mandir, Vs. 12 Engineer Building, 265, Princess Mumbai-400 006. Street, Mumbai – 400 002. Pan:Aabpp 2018 E (अपीलाथ" /Appellant) (""यथ" / Respondent) आयकर अपील अपील संसंसंसं./I.T.A./3961/Mum/2014, िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2009-10 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Jt. Commissioner Of Income Tax(Osd), Sanjay Kumar J. Poddar, C/O Shankarlal Vs. Jain & Associates, Mumbai – 400 002. Mumbai-400 006. (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By: Shri A.K. Nayak- Dr Assessee By: Shri S.L. Jain

For Appellant: Shri S.L. JainFor Respondent: Shri A.K. Nayak- DR
Section 10Section 111ASection 143Section 2Section 254(1)

…n his books as investor, as well as tock-in-trade separately. The decision in the case of Janak S Ranawala, 11 SOT 627 (Mum.) further supports the case of the assessee. Likewise, the decision from Hon'ble Madras High Court in CIT vs N.S.S. Investment Pvt Ltd. 227 ITR 149 (Mad), CIT vs. Associated Industrial Development Company, 82 ITR 526 (SC) supports the case of the assessee. In the present appeal, we note that the assessee made investment in shares with 3150 & 3961/M/14(09-10) Sanjay Kumar Poddar intention to earn dividend income on appreciation of price of shares. Therefore, it cannot be said that the assess…

A.C.I.T. Circle 21(1), Mumbai vs. Mohan Kapoorchand Jain, Mumbai

In the result, appeals of the assessees are allowed in part where as appeal of revenue in assessment 2009-2010 is dismissed

ITA 4571/MUM/2012[2009-10]Status: DisposedITAT Mumbai30 Sept 2016AY 2009-10
For Appellant: Shri S.L.Tiwari and Ms. Rutuza N. PawarFor Respondent: Neil Philip

…in his books as investor, no interest was paid on the funds. The decision in the case of Janak S Ranawala, 11 SOT 627 (Mum.) further supports the case of the assessee. Likewise, the decision from Hon'ble Madras High Court in CIT vs N.S.S. Investment Pvt Ltd. 227 ITR 149 (Mad), CIT vs Associated Industrial Development Company, 82 ITR 526 (SC) supports the case of the assessee. In the present appeal, we note that the assessee made investment in shares with intention to earn dividend income on appreciation of price of shares. Therefore, it cannot be said that the assessee was doing business. More specifically when,…

Mohan Kapoorchand Jain, Mumbai vs. Asst CIT 21(1), Mumbai

In the result, appeals of the assessees are allowed in part where as appeal of revenue in assessment 2009-2010 is dismissed

ITA 3543/MUM/2012[2009-10]Status: DisposedITAT Mumbai30 Sept 2016AY 2009-10
For Appellant: Shri S.L.Tiwari and Ms. Rutuza N. PawarFor Respondent: Neil Philip

…in his books as investor, no interest was paid on the funds. The decision in the case of Janak S Ranawala, 11 SOT 627 (Mum.) further supports the case of the assessee. Likewise, the decision from Hon'ble Madras High Court in CIT vs N.S.S. Investment Pvt Ltd. 227 ITR 149 (Mad), CIT vs Associated Industrial Development Company, 82 ITR 526 (SC) supports the case of the assessee. In the present appeal, we note that the assessee made investment in shares with intention to earn dividend income on appreciation of price of shares. Therefore, it cannot be said that the assessee was doing business. More specifically when,…

Mohan Kapoorchand Jain, Mumbai vs. JCIT 20(2), Mumbai

In the result, appeals of the assessees are allowed in part where as appeal of revenue in assessment 2009-2010 is dismissed

ITA 3542/MUM/2012[2008-09]Status: DisposedITAT Mumbai30 Sept 2016AY 2008-09
For Appellant: Shri S.L.Tiwari and Ms. Rutuza N. PawarFor Respondent: Neil Philip

…in his books as investor, no interest was paid on the funds. The decision in the case of Janak S Ranawala, 11 SOT 627 (Mum.) further supports the case of the assessee. Likewise, the decision from Hon'ble Madras High Court in CIT vs N.S.S. Investment Pvt Ltd. 227 ITR 149 (Mad), CIT vs Associated Industrial Development Company, 82 ITR 526 (SC) supports the case of the assessee. In the present appeal, we note that the assessee made investment in shares with intention to earn dividend income on appreciation of price of shares. Therefore, it cannot be said that the assessee was doing business. More specifically when,…

Mohan Kapoorchand Jain, Mumbai vs. Addl CIT 20(2), Mumbai

In the result, appeals of the assessees are allowed in part where as appeal of revenue in assessment 2009-2010 is dismissed

ITA 3541/MUM/2012[2007-08]Status: DisposedITAT Mumbai30 Sept 2016AY 2007-08
For Appellant: Shri S.L.Tiwari and Ms. Rutuza N. PawarFor Respondent: Neil Philip

…in his books as investor, no interest was paid on the funds. The decision in the case of Janak S Ranawala, 11 SOT 627 (Mum.) further supports the case of the assessee. Likewise, the decision from Hon'ble Madras High Court in CIT vs N.S.S. Investment Pvt Ltd. 227 ITR 149 (Mad), CIT vs Associated Industrial Development Company, 82 ITR 526 (SC) supports the case of the assessee. In the present appeal, we note that the assessee made investment in shares with intention to earn dividend income on appreciation of price of shares. Therefore, it cannot be said that the assessee was doing business. More specifically when,…

CIT v. N.S.S. Investment Pvt Ltd. (227 ITR 149) — Cited in 9 Judgments | BharatTax