M/S Stylish Construction Pvt. Ltd vs. DCIT, New Delhi
In the result, appeal of the assessee is partly allowed
ITA 2512/DEL/2013[2008-09]Status: DisposedITAT Delhi18 May 2017AY 2008-09
Bench: Shri H. S. Sidhu & Shri Prashant Maharishistylish Construction Pvt. Ltd, Dcit, 1027, Top Floor, Ward No. 8, Circle-9(1), Vs. Mehra Chowk, Mehrauli New Delhi Pan: Aaics4664H (Appellant) (Respondent)
For Appellant: Sh. Ashwani Kumar, CAFor Respondent: Sh. NK Bansal, Sr DR
Section 143(3)Section 14ASection 250Section 73
…on non trade investments which are charged under the head „ capital gains‟, therefore the main income of the assessee is not business. Hence, according to him, explanation section 73 does not apply. He further relied on the decision in DCIT Vs. Jindal Export 101 ITD 129 and ACIT Vs. Viraj Investment 210 Taxmann 418. 7. The ld DR relied upon the orders of the lower authorities and vehemently contested that the transaction of the assessee is sham transaction by incurring loss of sale of shares and ld CIT(A) is correctly applied the explanation to section 73 of the Act holding it to be speculative in nature. 8. We…