Tax vs. Harshad Rambhai Patel (1964) 54 ITR 749 3) Kalyani Exports & Investments (P) Ltd. v. DCIT

127 TTJ 356Income Tax Appellate Tribunal#16604 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 348,607 Indian tax judgments — from 2015 to 2024.

Issues it is cited on

section 2(14)short term capital gainlong term capital gainsection 12section 143(1)section 13transfercompanysection 143(3)total incomebusinessinterest

Judgments citing Tax vs. Harshad Rambhai Patel (1964) 54 ITR 749 3) Kalyani Exports & Investments (P) Ltd. v. DCIT

M/S. Shri Rang Infrastructure Pvt. Ltd., Gandhinagar vs. DCIT, Gandhinagar Circle, Gandhinagar

In the result, appeal of the assessee is partly allowed

ITA 666/AHD/2019[2013-14]Status: DisposedITAT Ahmedabad30 Jul 2024AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaassessment Year: 2013-14

Section 129Section 142(1)Section 143(1)Section 143(2)Section 44A

…ollowing decisions:- 1) Daulat Ram vs. Income Tax Officer, (7 ITD 0789 - ITAT, Delhi Bench) 2) Commissioner of Wealth Tax vs. Harshad Rambhai Patel (1964) 54 ITR 749 3) Kalyani Exports & Investments (P) Ltd. Vs. DCIT, 78 ITD 95 4) ACIT vs. Dr. Dhurjati Gupta,127 TTJ 356 5) Keshavji Karsondas vs CIT, 73 Taxmann 571 Assessment Year: 2013-14 Page 6 of 8 10. The Ld. DR submitted that the Assessing Officer as well as the CIT(A) has rightly held the same as Short Term Capital Gain (STCG) thereby rejecting the contention of the assessee as the same cannot be termed as Long Term Capital Gain (LTCG) in the light of the…

Shri. Sriram Rupanagunta, Bangalore vs. Asistant Commissioner of Income-Tax, Circle-5(3)(2), Bangalore

In the result, the appeal filed by the assessee stands allowed

ITA 31/BANG/2023[2015-15]Status: DisposedITAT Bangalore18 May 2023AY 2015-15

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2015-16 Shri Sriram Rupanagunta, The Assistant 34 Purva Park Ridge, Commissioner Of Goshala Road, Income Tax, Garudachar Palya, Circle – 5(3)(2), Bangalore – 560 048. Vs. Banglore. Pan: Ahlpr7578N Appellant Respondent Assessee By : Shri Kodhanda Pani, Ca : Shri Kiran .D, Addl. Cit Revenue By (Dr) Date Of Hearing : 13-04-2023 Date Of Pronouncement : 18-05-2023 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 24.11.2022 Passed By Nfac For Assessment Year 2015-16 On Following Grounds Of Appeal: “1. The Ld.Assessing Officer Erred In Passing The Assessment Order In The Manner In Which It Is Done On The Basis Of Presumptions, Assumptions & Surmises & Inferences, Conjecture & Hypothetical, Than On The Basis Of The Facts.

For Appellant: Shri Kodhanda Pani, CA
Section 111ASection 143Section 2Section 2(14)Section 2(47)Section 234Section 47Section 54E

…was to be considered as long term, and based on the period of holding was to be treated as long term capital asset. He relied on the following decisions in support of this contention, regarding the period of holding.  ACIT vs. Dr. Dhurjati Gupta reported in 127 TTJ 356 (Hyd)  ACIT vs. Ambarish Kumar Jhamb reported in 32 taxmann.com 210 (Delhi-Trib) Page 10 of 18  Gopi G Nambiar vs. JCIT in ITA No. 1083/Del/2010 dated 26.07.2013 (Delhi-Trib.)  ACIT vs. Shri Param Paul Uberoi in ITA No. 4477/Del/2011 dated 13.04.2012 (Delhi-Trib)  Kamlesh Bahedia vs. ACIT reported in 50 taxmann.com 236 (Delhi-Trib) 4.8 He th…

ACIT 17(1), Mumbai vs. Mahindra & Mahindra Employees Stock Option Trust, Mumbai

In the result, both the appeals of the Revenue are dismissed

ITA 1120/MUM/2022[2016-17]Status: DisposedITAT Mumbai04 Aug 2022AY 2016-17
Section 112Section 143(3)Section 250

…ession of widest amplitude as the definition clause has re-emphasised this, by user of the words "..of any kind". Thus, any right which can be called as a "property", will be included in the definition of "capital asset". Further in the case of Dhurjati Gupta 127 TTJ 356 (Hyd), Hon‟ble Bench while dealing with the issues of taxability of capital gain in the hands of employees, arising on sale of ESOS shares by the employees, it was held that once option is granted, it becomes a right in the nature of property, and such stock option, given by the employer company to its employees, represents a property which is va…

ACIT-17(1), Mumbai vs. Mahindra & Mahindra Employees Stock Option Trust., Mumbai

In the result, both the appeals of the Revenue are dismissed

ITA 1119/MUM/2022[2013-14]Status: DisposedITAT Mumbai04 Aug 2022AY 2013-14
Section 112Section 143(3)Section 250

…ession of widest amplitude as the definition clause has re-emphasised this, by user of the words "..of any kind". Thus, any right which can be called as a "property", will be included in the definition of "capital asset". Further in the case of Dhurjati Gupta 127 TTJ 356 (Hyd), Hon‟ble Bench while dealing with the issues of taxability of capital gain in the hands of employees, arising on sale of ESOS shares by the employees, it was held that once option is granted, it becomes a right in the nature of property, and such stock option, given by the employer company to its employees, represents a property which is va…

Mahindra & Mahindra Employees Stock Option Trust, Mumbai vs. Addl CIT RG 12(2), Mumbai

In the result, ground no.4 is allowed for statistical purposes

ITA 2389/MUM/2015[2011-12]Status: DisposedITAT Mumbai21 Oct 2015AY 2011-12

Bench: Shri Joginder Singh, Jm & Shri R.C.Sharma, Am आमकय अऩीर सिं./Ita No.2389/Mum/2015 (नििाारण वषा / Assessment Year :2010-2011) Mahindra & Mahindra Adcit, Range-12(2), Employees‟ Stock Option Mumbai-20 Trust, Gateway Building, Apollo Bunder, Mumbai- 400001 स्थामी रेखा सिं./ जीआइआय सिं./ Pan/Gir No. : Aahfm 9583 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. यनधावरयती की ओर से /Assessee By : Shri H.P.Mahajani याजस्र् की ओर से /Revenue By : Shri N.P.Singh सुनर्ाई की तायीख / Date Of Hearing : 04/08/2015 घोषणा की तायीख/Date Of Pronouncement 21/10/2015 आदेश / O R D E R Per R.C.Sharma, Am The Present Appeal Is Filed Against The Order Of Cit(A) -28, Mumbai, Dated 26-3-2015 For A.Y.2011-12. 2. During The Course Of Hearing The Assessee Has Filed Concise Grounds Of Appeal. These Have Been Considered By Us For The Adjudication Of This Appeal & Are Reproduced Hereunder :-

For Appellant: Shri H.P.MahajaniFor Respondent: Shri N.P.Singh
Section 143(3)Section 250

…ession of widest amplitude as the definition clause has re-emphasised this, by user of the words “..of any kind”. Thus, any right which can be called as a “property”, will be included in the definition of “capital asset”. Further in the case of Dhurjati Gupta 127 TTJ 356 (Hyd), Hon‟ble Bench while dealing with the issues of taxability of capital gain in the hands of employees, arising on sale of ESOS shares by the employees, it was held that once option is granted, it becomes a right in the nature of property, and such stock option, given by the employer company to its employees, represents a property which is va…