Raja Bahadur Visheshwar Singh v. CIT

73 ITR 652Supreme Court of India1969#4609 most cited

What is Raja Bahadur Visheshwar Singh v. CIT authority for?

Bonus shares received by a dealer in shares constitute a capital asset unless specifically converted into stock-in-trade. The sale of such bonus shares attracts capital gains tax.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2010 to 2025.

Also referred to as

Raja Bahadur Visheshwar Singh v. CIT · CIT v Madan Gopal Radhe · bonus shares · capital asset · stock-in-trade · capital gains · section 10 · 73 ITR 652 · long term capital gain · short term capital gain

Issues it is cited on

Judgments citing Raja Bahadur Visheshwar Singh v. CIT

PRAVEEN RANJAN SINHA,GURGAON vs. DCIT, CIRCLE-3(1), GURGAON, GURGAON

In the result, the appeal of the assessee is allowed and Stay Application of the assessee is dismissed as infructuous

ITA 399/DEL/2024[2015-16]Status: DisposedITAT Delhi08 Jul 2024AY 2015-16

Bench: Shri Kul Bharat & Shri M. Balaganeshpraveen Ranjan Sinha, Vs. Dcit, Icb 141, The Icon, Dlf Circle-3(1), City, Phase-V, Gurgaon, Gurgaon Haryana (Appellant) (Respondent) Pan: Ardps3000N Sa No. 57/Del/2024 (In Ita No. 399/Del/2024) (Assessment Year: 2015-16) Praveen Ranjan Sinha, Vs. Dcit, Icb 141, The Icon, Dlf Circle-3(1), City, Phase-V, Gurgaon, Gurgaon Haryana (Appellant) (Respondent) Pan: Ardps3000N Assessee By : Shri Sudesh Garg, Adv Ms. Bhavya Garg, Adv Revenue By: Shri Dharambir Singh, Cit Dr Date Of Hearing 08/04/2024 Date Of Pronouncement 08/07/2024

For Appellant: Shri Sudesh Garg, AdvFor Respondent: Shri Dharambir Singh, CIT DR
Section 143(3)Section 145Section 2Section 250Section 55(2)(aa)Section 94(8)

…hat bonus shares received formed part of the stock-in-trade and taking the cost of shares sold on average basis was also wrong. In this context, reliance has been placed on the judgement of Hon'ble Supreme Court in the case of CIT vs. Madan Gopal Radhyey Lal, 73 ITR 652 wherein the Supreme Court held that in the hands of the dealer of shares, any bonus shares received constitute a 'capital asset' unless specifically converted into stock-in-trade. Based on the aforesaid judgement, it is contended that the assessee received the bonus shares as a 'capital asset' and never converted the bonus shares into stock-in- tr…

SHRI. AMIT JAIN PROP M/S AMIT S FRAGRANCES,ERODE vs. ACIT CIRCLE 1, ERODE

In the result, both the appeals filed by the assessee are dismissed

ITA 1817/CHNY/2018[2015-16]Status: DisposedITAT Chennai13 Sept 2019AY 2015-16

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./Ita Nos.1816 & 1817/Chny/2018 "नधा"रण वष" /Assessment Years: 2014-15 & 2015-16 Shri Amit Jain, Vs. The Asst. Commissioner Of Prop. M/S. Amit S. Fragrances, Income Tax, 37, Nms Compound, Circle-1, Erode – 638 001. Erode. [Pan: Afipj 5671F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri L.Shibi, C.S ""यथ" क" ओर से /Respondent By : Shri A.R.V. Sreenivasan, Jcit सुनवाई क" तार"ख/Date Of Hearing : 10.07.2019 घोषणा क" तार"ख /Date Of Pronouncement : 13.09.2019 आदेश / O R D E R Per Shri S. Jayaraman: The Assessee Filed These Two Appeals Against The Common Order Of The Commissioner Of Income Tax (Appeals)-3, Coimbatore, In Ita No.444/16-17 & 90/17-18 Dated 01.03.2018 For The Assessment Years (Ays) 2014-15 & 2015-16, Respectively. Since, Common Issues Are Involved In These Appeals, They Are Heard Together & Being Disposed Together, For Convenience Sake.

For Appellant: Shri L.Shibi, C.SFor Respondent: Shri A.R.V. Sreenivasan, JCIT
Section 111A

…sets, or capital gains on account of sale of such assets, has been spelt out and reiterated in a number of decisions. These include Raja Bahadur Visheshwar Singh v. CIT, (1961) 41 ITR 685 (SC); Commissioner of Income Tax, U.P v. Madan Gopal Radhey Lal, [1969] 73 ITR 652 (SC); Commissioner of Income Tax v Associated Industrial Development Company 82 ITR 586 (SC); P.M. Mohammed Meerakhan v. Commissioner of Income tax, Kerala, 73 ITR 735 (S.C.) and Commissioner of Income Tax v NSS ITA Nos.1816 & 1817/Chny/2018 :- 8 -: Investments Ltd 2007 (277) ITR 149 (Mad). It was in the light of these decisions that the CBDT Cir…

SHRI. AMIT JAIN PROP M/S AMIT S FRAGRANCES,ERODE vs. ACIT CIRCLE 1, ERODE

In the result, both the appeals filed by the assessee are dismissed

ITA 1816/CHNY/2018[2014-15]Status: DisposedITAT Chennai13 Sept 2019AY 2014-15

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./Ita Nos.1816 & 1817/Chny/2018 "नधा"रण वष" /Assessment Years: 2014-15 & 2015-16 Shri Amit Jain, Vs. The Asst. Commissioner Of Prop. M/S. Amit S. Fragrances, Income Tax, 37, Nms Compound, Circle-1, Erode – 638 001. Erode. [Pan: Afipj 5671F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri L.Shibi, C.S ""यथ" क" ओर से /Respondent By : Shri A.R.V. Sreenivasan, Jcit सुनवाई क" तार"ख/Date Of Hearing : 10.07.2019 घोषणा क" तार"ख /Date Of Pronouncement : 13.09.2019 आदेश / O R D E R Per Shri S. Jayaraman: The Assessee Filed These Two Appeals Against The Common Order Of The Commissioner Of Income Tax (Appeals)-3, Coimbatore, In Ita No.444/16-17 & 90/17-18 Dated 01.03.2018 For The Assessment Years (Ays) 2014-15 & 2015-16, Respectively. Since, Common Issues Are Involved In These Appeals, They Are Heard Together & Being Disposed Together, For Convenience Sake.

For Appellant: Shri L.Shibi, C.SFor Respondent: Shri A.R.V. Sreenivasan, JCIT
Section 111A

…sets, or capital gains on account of sale of such assets, has been spelt out and reiterated in a number of decisions. These include Raja Bahadur Visheshwar Singh v. CIT, (1961) 41 ITR 685 (SC); Commissioner of Income Tax, U.P v. Madan Gopal Radhey Lal, [1969] 73 ITR 652 (SC); Commissioner of Income Tax v Associated Industrial Development Company 82 ITR 586 (SC); P.M. Mohammed Meerakhan v. Commissioner of Income tax, Kerala, 73 ITR 735 (S.C.) and Commissioner of Income Tax v NSS ITA Nos.1816 & 1817/Chny/2018 :- 8 -: Investments Ltd 2007 (277) ITR 149 (Mad). It was in the light of these decisions that the CBDT Cir…

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