Sri Surya Prakash Bagla, Kolkata vs. DCIT, Cen. Cir-VII, Kolkata
In the result, the appeal of the assessee is allowed
ITA 398/KOL/2014[2010-2011]Status: DisposedITAT Kolkata13 Dec 2017AY 2010-2011
Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 398/Kol/2014 Assessment Year : 2010-11 Shri Surya Prakash Bagla -Vs- Dcit, Central Circle-Vii, Kolkata [Pan: Aebpb 4558 F] (Appellant) (Respondent)
For Appellant: Shri J.P. Khaitan, Sr. AdvocateFor Respondent: Shri A.K. Tiwari, CIT
Section 132Section 139(1)Section 139(5)Section 143(3)Section 271(1)Section 271(1)(c)Section 44ASection 80D
….591 cr. as such, to the extent of Rs.2.5 cr. the sale consideration was reduced and this amount alone has to be reckoned and in the year of compromise decree. Reliance was placed on the decision reported in COMMISSIONER OF WEALTH TAX vs. BABULAL JATIA (DECD.)137 ITR 540 (Cal), wherein it was held that : When shares in the joint stock company were the subject-matter of transfer, the provisions of the Transfer of Property Act, were not conclusive and it should be seen whether there was transfer in accordance with the provisions of Companies Act and the transfer of the interest in the shares from the transferor to…