ITO v. Radha Birju Patel

11 Taxmann.com 293Reported decision2011#22097 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2016.

Judgments citing ITO v. Radha Birju Patel

DCIT vs. M/S KAPOOR INVESTMENTS PVT. LTD.,,

ITA 1859/BANG/2013[2010-11]Status: DisposedITAT Bangalore29 Apr 2016AY 2010-11

Bench: Shri Abraham P. George & Shri George George K.Assessment Year : 2010-11

For Appellant: Shri Sunil Kumar Agarwala, Jt. CIT(DR)For Respondent: Shri H.N. Khincha, CA

…’. Page 5 of 8 6.1 The learned AR has placed reliance on number of judicial views in support of the assessee’s contentions. To illustrate further, the views of judiciaries are analyzed as under: (i) In the case of ITO v. Radha Birju Patel reported in A(2011) 11 Taxmann.com 293(Mum), the Hon’ble Mumbai Tribunal has held, on a similar issue, as under: “It was apparent from the record that the share transactions in question were carried out by the assessee’s PMS Manager. Therefore, these transactions were clearly in the nature of transactions meant for maximization of wealth rather encashing the profits on apprecia…

SHRI. K.T. SANATH,BANGALORE vs. ADDL..C.I.T., BANGALORE

In the result, the appeal of the assessee is allowed

ITA 1185/BANG/2012[2006-07]Status: DisposedITAT Bangalore31 Mar 2016AY 2006-07

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raoassessment Year : 2006-07

For Appellant: Shri V.S. Yogesh Kumar, CAFor Respondent: Shri G. Manoj Kumar, Addl. CIT(DR)

…6.1 The learned AR has placed reliance on number of judicial views in support of the assessee’s contentions. To illustrate further, the views of judiciaries are analyzed as under: Page 12 of 16 (i) In the case of ITO v. Radha Birju Patel reported in A(2011) 11 Taxmann.com 293(Mum), the Hon’ble Mumbai Tribunal has held, on a similar issue, as under: “It was apparent from the record that the share transactions in question were carried out by the assessee’s PMS Manager. Therefore, these transactions were clearly in the nature of transactions meant for maximization of wealth rather encashing the profits on apprecia…

DCIT 8(3), MUMBAI vs. UNITOP CHEMICALS P.LTD, MUMBAI

In the result, the appeal filed by the Revenue is dismissed

ITA 3511/MUM/2013[2005-06]Status: DisposedITAT Mumbai06 Jan 2016AY 2005-06

Bench: Shri Sanjay Garg & Shri Ashwani Tanejaassessment Year: 2005-06 Dcit 8(3) Unitop Chemicals P. Ltd. R.No.217, बनाम/ Unitop House C Wing, East Aayakar Bhavan, West Industrial Centre, Vs. M.K. Rd. Andheri Kurla Road, Adheri Mumbai -400020 (E) Mumbai 400072 (Revenue) (Respondent) P.A. No.Aaacu1406F Revenue By Shri Santosh Mankoskar (Dr) Respondent By Shri Haridas Bhat (Ar)

Section 143(3)Section 147Section 148

…ad 'business income in place of capital gain shown by the appellant. On the other hand the AR of the appellant has submitted that the case of the appellant is squarely covered by the decision of Hon’ble Mumbai Tribunal in the case of ITO vs. Radha Birju Patel 11 Taxmann.com 293 where it is held that "whether the assessee had given her surplus funds to one A for investment in shares under the Portfolio Management Scheme gain on sale of shares was capita. gain and Assessing Officer was wrong in treating same as income from business' Secondly, the AR of the appellant has submitted that in the earlier years and subse…