Workmen v. Board of Trustees

ACIT, New Delhi vs. M/S. Kct Papers Ltd., New Delhi

In the result, grounds raised by the revenue are dismissed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharmaacit, Circle 5 (1) Vs. M/S. Kct Papers Limited, New Delhi. Thapar House, 124, Janpath, New Delhi – 110 001. (Pan : Aacck4937D) (Appellant) (Respondent) Assessee By : Shri Rohit Jain, Advocate Shri Deepesh Jain, Advocate Shri Tavish Verma, Advocate Revenue By : Shri Kailash Dan Ratnoo, Cit Dr Date Of Hearing : 10.09.2025 Date Of Order : 05.12.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-Viii, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 21.03.2014For Assessment Year 2008-09. 2. Brief Facts Of The Case Are, The Assessee Company Belongs To The Thapar Group Established By Late Lala Karam Chand Thapar. There Was A Family Settlement Between The Various Constituents Of The Karam Chand Thapar Family As A Result Of Which Revenue-Organization/Restructuring Of The Group Dated 27Th April, 2001. The Re April, 2001. The Re-Organization Of The Group Companies & Trusts Organization Of The Group Companies & Trusts Was Made Into Four Groups, As Under, Each Headed By The Sons Of Late Lala Was Made Into Four Groups, As Under, Each Headed By The Sons Of Late Lala Was Made Into Four Groups, As Under, Each Headed By The Sons Of Late Lala K.C. Thapar. The Family Tree Of Karam Chand T K.C. Thapar. The Family Tree Of Karam Chand Thapar Family Is Explained As Hapar Family Is Explained As Under In The Form Of A Diagrammatic Chart: Under In The Form Of A Diagrammatic Chart:

…ribute existing rights without triggering capital gains liability. 19. Key judicial precedents settling the said view are as under:  Ramcharan Das v. Girijanandini Devi: AIR 1966 SC 323 (SC) [Pg.43-53@52/ CLPB] 29  Kale v. Deputy Director of Consolidation: 3 SCC 119 (SC) [Pg.54-77@60-63/ CLPB]  Ziauddin Ahmed v. CGT: 102 ITR 253 (Gauhati) 20. It is reiterated that legal position has been explained in detail in our earlier written submissions, which is not repeated here for the sake of brevity. Trust your Honour would find the above in order and to your Honours’ satisfaction. Should your Honour require any fur…

Soni Sonu Mirchandani, New Delhi vs. ACIT Central Circle-5, New Delhi

In the result, Ground Nos

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

…y bonafide by putting an end to the dispute among themselves is not regarded as ‘Transfer’ and the amount received has been held not liable to tax under the Income Tax Act and relied upon the following decisions : 1. Kale vs., Deputy Director of Consolidation 3 SCC 119 Ram Charan Das vs., Girja Nandini Devi & Ors. AIR 1966 SC 2. 323 Judgment of Hon’ble Supreme Court in the case of Ravinder 3. Kaur Grewal & Ors. Vs., Manjit Kaur & Ors. CA.No.7764 of 2014 Dated 31.07.2020 Judgment of Hon’ble Madras High Court in the case of CIT vs., 4. Kay ARR Enterprises 299 ITR 348 (Madras). SLP dismissed by Hon’ble Supreme Court…

Yum! Restaurants Marketing Pvt. Ltd., Gurgaon vs. ITO, Ward- 27(4), New Delhi

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…entially connected with subject matter of the litigation and every matter coming into the legitimate purview of the original action both in respect of the matters of claim and defence‘‘ 16. In the case of Workmen v Board of Trustees , Cochin Port Trust (1978) 3 SCC 119, the Hon‘ble Supreme Court has held as under ―It is well known that the doctrine of res judicata is codified in section 11 of the Code of Civil Procedure but it is not exhaustive. Section 11 generally comes into play in relation to civil suits. But apart from the codified law the doctrine of res judicata or the principle of res judicata has been ap…

Yum Restaurants Marketing Pvt Ltd vs. ITO Ward 18 (4)

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…entially connected with subject matter of the litigation and every matter coming into the legitimate purview of the original action both in respect of the matters of claim and defence‘‘ 16. In the case of Workmen v Board of Trustees , Cochin Port Trust (1978) 3 SCC 119, the Hon‘ble Supreme Court has held as under ―It is well known that the doctrine of res judicata is codified in section 11 of the Code of Civil Procedure but it is not exhaustive. Section 11 generally comes into play in relation to civil suits. But apart from the codified law the doctrine of res judicata or the principle of res judicata has been ap…

M/S. Yum! Restaurants Marketing Pvt. Ltd., Gurgaon vs. ITO, New Delhi

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…entially connected with subject matter of the litigation and every matter coming into the legitimate purview of the original action both in respect of the matters of claim and defence‘‘ 16. In the case of Workmen v Board of Trustees , Cochin Port Trust (1978) 3 SCC 119, the Hon‘ble Supreme Court has held as under ―It is well known that the doctrine of res judicata is codified in section 11 of the Code of Civil Procedure but it is not exhaustive. Section 11 generally comes into play in relation to civil suits. But apart from the codified law the doctrine of res judicata or the principle of res judicata has been ap…

M/S. Yum! Restaurants Marketing Pvt. Ltd., Gurgaon vs. ITO, New Delhi

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…entially connected with subject matter of the litigation and every matter coming into the legitimate purview of the original action both in respect of the matters of claim and defence‘‘ 16. In the case of Workmen v Board of Trustees , Cochin Port Trust (1978) 3 SCC 119, the Hon‘ble Supreme Court has held as under ―It is well known that the doctrine of res judicata is codified in section 11 of the Code of Civil Procedure but it is not exhaustive. Section 11 generally comes into play in relation to civil suits. But apart from the codified law the doctrine of res judicata or the principle of res judicata has been ap…

ITO, New Delhi vs. M/S. Yum Restaurant Marketing Pvt. Ltd., Gurgaon

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…entially connected with subject matter of the litigation and every matter coming into the legitimate purview of the original action both in respect of the matters of claim and defence‘‘ 16. In the case of Workmen v Board of Trustees , Cochin Port Trust (1978) 3 SCC 119, the Hon‘ble Supreme Court has held as under ―It is well known that the doctrine of res judicata is codified in section 11 of the Code of Civil Procedure but it is not exhaustive. Section 11 generally comes into play in relation to civil suits. But apart from the codified law the doctrine of res judicata or the principle of res judicata has been ap…

M/S. Yum! Restaurants Marketing Pvt. Ltd., Gurgaon vs. ITO, New Delhi

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

…entially connected with subject matter of the litigation and every matter coming into the legitimate purview of the original action both in respect of the matters of claim and defence‘‘ 16. In the case of Workmen v Board of Trustees , Cochin Port Trust (1978) 3 SCC 119, the Hon‘ble Supreme Court has held as under ―It is well known that the doctrine of res judicata is codified in section 11 of the Code of Civil Procedure but it is not exhaustive. Section 11 generally comes into play in relation to civil suits. But apart from the codified law the doctrine of res judicata or the principle of res judicata has been ap…