DHARMANANDAN DIAMONDS P.LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX 5(1)(2), MUMBAI
In the result, the appeal of the assessee stands allowed
ITA 7478/MUM/2016[2011-12]Status: DisposedITAT Mumbai15 Mar 2019AY 2011-12
Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm Dharmanandan Diamonds Dcit-5(1)(2) Private Limited Aaykar Bhawan Fe 7011-12, Bharat Diamond M.K.Road Vs. Bourse, Bkc Bandra (East) Mumbai-400 020 Mumbai-400 051
For Appellant: Shri R.C. Modi &For Respondent: Nishant Samaiya
Section 170Section 47
…he enhanced cost. * In the case of Chitra Publicity Co Pvt Ltd (supra), the Third Member of Ahmedabad Bench of the Tribunal held as under : 26.1 have also gone through the decision of Hon’ble Madras High Court in the case of ClT v, Sekar Offset Press [1995] 214 ITR 516 [Mad}. In that case, the assets were transferred at the market value between partners. The Court held that Expln. 3 to s. 43(1) had no application to the case as the main purpose of the transfer of assets was not reduction of tax liability. The decision is relevant The other decision of the Tribunal in the case of Unimed Technologies Ltd. v. Dy.…