ACIT, New Delhi vs. M/S. Puran Associates Pvt. Ltd., New Delhi
In the result, the appeal of the Revenue is partly allowed for statistical purposes
ITA 5054/DEL/2015[2011-12]Status: DisposedITAT Delhi20 Aug 2018AY 2011-12
Bench: Shri Amit Shukla & Shri O.P. Kant
For Appellant: Ms. Paramita Tripathi, CIT-DRFor Respondent: Shri M.P. Rastogi, Adv
Section 10(38)Section 111ASection 143(3)Section 14A
…showing shares as investment is not a determinative factor to decide the real nature of transaction. In support, he strongly relied upon the judgment of Hon'ble Supreme Court in the case of Tuticorin Alkali chemicals and Fertilizers Ltd. vs. CIT, reported in 271 ITR 172 and catena of other judgments as 6 I.T.A. No.3078/Del/2011, 820/Del/2013 & 5054/Del/2015 incorporated by him in the assessment order. Thereafter, he has discussed the various tests laid down by the courts from time to time distinguishing between shares held as stock-in-trade and shares held in investment which has been highlighted by him in the…