ITO v. DeepChan G Shah

128 ITD 488Income Tax Appellate Tribunal2011#10126 most cited

What is ITO v. DeepChan G Shah authority for?

Shares held in a broker's pool account are considered for determining the holding period of shares for capital gains purposes. The period of holding should be traced from the broker's demat account to verify purchases and the time shares were held before being transferred to the assessee's demat account.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2018 to 2019.

Also referred to as

ITO v. Deepchand G Shah · 128 ITD 488 · ITAT Mumbai · shares in pool account · holding period of shares · short term capital gain · long term capital gain · broker's demat account · tracing purchases

Judgments citing ITO v. DeepChan G Shah

DCIT, New Delhi vs. Dr. Prannoy Roy, New Delhi

ITA 2707/DEL/2017[2010-11]Status: DisposedITAT Delhi14 Jun 2019AY 2010-11

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI BEENA A PILLAI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 2019, 2020/Del/2017 (Assessment Year: 2009-10, 2010-11) Radhika Roy, Vs. DCIT, C/o. RKACA & Associates LLP, Circle-18(1), CA, E-186, Greater Kailash-I, New Delhi New Delhi PAN: AAHPR6038G (Appellant) (Respondent) DCIT, Vs. Radhika Roy, Circle-18(1), C/o. RKACA & Associates New Delhi LLP, CA, E-186, Greater Kailash-I, New Delhi PAN: AAHPR6038G (Appellant) (Respondent) ITA No. 2021, 2022/Del/2017 (Assessment Year: 2009-10 and 2010-11) Dr. Prannoy Roy, Vs. DC…

DCIT, New Delhi vs. Mrs. Radhika Roy, New Delhi

ITA 2706/DEL/2017[2010-11]Status: DisposedITAT Delhi14 Jun 2019AY 2010-11

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI BEENA A PILLAI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 2019, 2020/Del/2017 (Assessment Year: 2009-10, 2010-11) Radhika Roy, Vs. DCIT, C/o. RKACA & Associates LLP, Circle-18(1), CA, E-186, Greater Kailash-I, New Delhi New Delhi PAN: AAHPR6038G (Appellant) (Respondent) DCIT, Vs. Radhika Roy, Circle-18(1), C/o. RKACA & Associates New Delhi LLP, CA, E-186, Greater Kailash-I, New Delhi PAN: AAHPR6038G (Appellant) (Respondent) ITA No. 2021, 2022/Del/2017 (Assessment Year: 2009-10 and 2010-11) Dr. Prannoy Roy, Vs. DC…

Dr. Prannoy Roy, New Delhi vs. DCIT, New Delhi

ITA 2022/DEL/2017[2010-11]Status: DisposedITAT Delhi14 Jun 2019AY 2010-11

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI BEENA A PILLAI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 2019, 2020/Del/2017 (Assessment Year: 2009-10, 2010-11) Radhika Roy, Vs. DCIT, C/o. RKACA & Associates LLP, Circle-18(1), CA, E-186, Greater Kailash-I, New Delhi New Delhi PAN: AAHPR6038G (Appellant) (Respondent) DCIT, Vs. Radhika Roy, Circle-18(1), C/o. RKACA & Associates New Delhi LLP, CA, E-186, Greater Kailash-I, New Delhi PAN: AAHPR6038G (Appellant) (Respondent) ITA No. 2021, 2022/Del/2017 (Assessment Year: 2009-10 and 2010-11) Dr. Prannoy Roy, Vs. DC…

Dr. Prannoy Roy, New Delhi vs. DCIT, New Delhi

ITA 2021/DEL/2017[2009-10]Status: DisposedITAT Delhi14 Jun 2019AY 2009-10

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI BEENA A PILLAI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 2019, 2020/Del/2017 (Assessment Year: 2009-10, 2010-11) Radhika Roy, Vs. DCIT, C/o. RKACA & Associates LLP, Circle-18(1), CA, E-186, Greater Kailash-I, New Delhi New Delhi PAN: AAHPR6038G (Appellant) (Respondent) DCIT, Vs. Radhika Roy, Circle-18(1), C/o. RKACA & Associates New Delhi LLP, CA, E-186, Greater Kailash-I, New Delhi PAN: AAHPR6038G (Appellant) (Respondent) ITA No. 2021, 2022/Del/2017 (Assessment Year: 2009-10 and 2010-11) Dr. Prannoy Roy, Vs. DC…

Smt. Radhika Roy, New Delhi vs. DCIT, New Delhi

ITA 2020/DEL/2017[2010-11]Status: DisposedITAT Delhi14 Jun 2019AY 2010-11

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI BEENA A PILLAI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 2019, 2020/Del/2017 (Assessment Year: 2009-10, 2010-11) Radhika Roy, Vs. DCIT, C/o. RKACA & Associates LLP, Circle-18(1), CA, E-186, Greater Kailash-I, New Delhi New Delhi PAN: AAHPR6038G (Appellant) (Respondent) DCIT, Vs. Radhika Roy, Circle-18(1), C/o. RKACA & Associates New Delhi LLP, CA, E-186, Greater Kailash-I, New Delhi PAN: AAHPR6038G (Appellant) (Respondent) ITA No. 2021, 2022/Del/2017 (Assessment Year: 2009-10 and 2010-11) Dr. Prannoy Roy, Vs. DC…

Smt. Radhika Roy, New Delhi vs. DCIT, New Delhi

ITA 2019/DEL/2017[2009-10]Status: DisposedITAT Delhi14 Jun 2019AY 2009-10

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Shri Girish Dave, Adv
Section 147Section 148

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI BEENA A PILLAI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 2019, 2020/Del/2017 (Assessment Year: 2009-10, 2010-11) Radhika Roy, Vs. DCIT, C/o. RKACA & Associates LLP, Circle-18(1), CA, E-186, Greater Kailash-I, New Delhi New Delhi PAN: AAHPR6038G (Appellant) (Respondent) DCIT, Vs. Radhika Roy, Circle-18(1), C/o. RKACA & Associates New Delhi LLP, CA, E-186, Greater Kailash-I, New Delhi PAN: AAHPR6038G (Appellant) (Respondent) ITA No. 2021, 2022/Del/2017 (Assessment Year: 2009-10 and 2010-11) Dr. Prannoy Roy, Vs. DC…

The DCIT, Circle-3(3), Ahmedabad vs. Shri Vijay Aasumal Keshwani, Ahmedabad

In the result, we set aside the order of the CIT(A) and affirm the action of the AO

ITA 1946/AHD/2016[2013-14]Status: DisposedITAT Ahmedabad29 Jan 2019AY 2013-14

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasadआयकर अपील सं./I.T.A. No. 1946/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2013-14)

For Appellant: Shri S. K. Dev, Sr. D.R

…e the resale was foreseen and contemplated when the investment was made and the possibility of enhanced values motivated the investment. The appellant has also relied upon another decision of Hon'ble ITAT, Mumbai in the case of ITO Vs. Deepchan G. Shah (2011) 128 ITD 488, wherein, the ITAT had an occasion to deal with the issue relating to the shares held in pool account and held that the shares held in the pool account of the broker is to be considered for the purpose of determining the period of holding of the shares. Therefore, it is a common practice to have the shares in the pool account of the broker and it…

Smt. Annapurna Maheshwari, Indore vs. The ITO-4(1), Indore

In the result I.T.A.No.315/Ind/2012& I

ITA 252/IND/2016[2010-11]Status: DisposedITAT Indore30 Oct 2018AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Borad

Section 10(38)Section 143(3)Section 68

…nnapurna Maheshwari & Pradeep Maheshwari ITA No.315/Ind/2012, 252/Ind/2016 & 53/Ind/2014 alleged gain/loss is Short Term Capital Gain/Loss as the case may be. 24. Similar issue has came up before the Mumbai Tribunal in the case of ITO V Deepchand Shah (2011) 128 ITD 488 wherein it was held that “it is necessary to trace corresponding purchase of shares from the demat account maintained by the broker in order to verify whether such purchases of respective shares were actually made by broker on behalf of the assessee and shares so purchased were credited to its demat account and were lying there till same were t…

Shri Pradeep Maheshwari HUF, Indore vs. The ACIT 3(1), Indore

In the result I.T.A.No.315/Ind/2012& I

ITA 53/IND/2014[2008-09]Status: DisposedITAT Indore30 Oct 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Borad

Section 10(38)Section 143(3)Section 68

…nnapurna Maheshwari & Pradeep Maheshwari ITA No.315/Ind/2012, 252/Ind/2016 & 53/Ind/2014 alleged gain/loss is Short Term Capital Gain/Loss as the case may be. 24. Similar issue has came up before the Mumbai Tribunal in the case of ITO V Deepchand Shah (2011) 128 ITD 488 wherein it was held that “it is necessary to trace corresponding purchase of shares from the demat account maintained by the broker in order to verify whether such purchases of respective shares were actually made by broker on behalf of the assessee and shares so purchased were credited to its demat account and were lying there till same were t…

Smt. Annapurna Maheshwari, Indore vs. The ACIT, 4(1), Indore

In the result I.T.A.No.315/Ind/2012& I

ITA 315/IND/2012[2008-09]Status: DisposedITAT Indore30 Oct 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Borad

Section 10(38)Section 143(3)Section 68

…nnapurna Maheshwari & Pradeep Maheshwari ITA No.315/Ind/2012, 252/Ind/2016 & 53/Ind/2014 alleged gain/loss is Short Term Capital Gain/Loss as the case may be. 24. Similar issue has came up before the Mumbai Tribunal in the case of ITO V Deepchand Shah (2011) 128 ITD 488 wherein it was held that “it is necessary to trace corresponding purchase of shares from the demat account maintained by the broker in order to verify whether such purchases of respective shares were actually made by broker on behalf of the assessee and shares so purchased were credited to its demat account and were lying there till same were t…

ITO v. DeepChan G Shah (128 ITD 488) — Cited in 10 Judgments | BharatTax