MAHALAXMI INNOVATIVE SERVICES LTD,MUMBAI vs. DCIT CIR 2(2), MUMBAI
The appeal of the assessee is partly allowed in light our aforesaid observations
ITA 4856/MUM/2011[2007-08]Status: DisposedITAT Mumbai06 Mar 2017AY 2007-08
Bench: Shri D. Karunakara Rao, Am & Shri Ravish Sood, Jm आयकर अपील सं./ I.T.A. No. 4856/Mum/2011 (निर्धारण वर्ा / Assessment Year: 2007-08) Mahalaxmi Innovative Services Ltd. Dcit Cir 2(2) बिधम/ 1004, 10Th Floor, Maker Chambers-V, Mumbai Nariman Point Vs. Mumbai, स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm9810C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) :
For Appellant: Shri Reepal Tralshwala (AR)For Respondent: Shri T.A. Khan (DR)
Section 143(2)Section 143(3)Section 14A
…‘investments' or stock in trade', this cannot be decisive to determine the nature of the transaction, As highlighted in Circular No. 4 dated 15.6.2007 of the Board it has been held by the Hon’bleSupreme Court in the case of Karamchand Thapar& Bros Pvt. Ltd. (83 ITR 899) that the classification by the P a g e | 5 assessee of shares as investment or stock in trade is by no means conclusive, Moreover, in the case of State Bank of Hyderabad vs CIT (151 ITR 703) (AP), the income arising from sale of securities, which was found to be closely connected to the banking business of the State Bank of Hyderabad, was held t…