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“Section 38(12)”

Section References (mined)Section 38Section 38(12)2 judgments

The decision most relied on for Section 38(12) is Principal Commissioner of Income-tax v. Kuntala Mohapatra (160 Taxmann.com 608), cited in 36 judgments on BharatTax.

Leading authorities on Section 38(12)

Principal Commissioner of Income-tax v. Kuntala Mohapatra
160 Taxmann.com 608 · 2024 · Supreme Court
36
citing judgments

Taxpayers qualify for exemption under Section 10(38) for long-term capital gains if shares were purchased via account payee mode, held in a demat account for over 12 months, and sold through a recognised stock exchange after paying STT.

Judgments citing Section 38(12)

ACIT Circle-16(2), New Delhi vs. Maximal Infrastructure Private Limited, New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 1253/DEL/2020[2015-16]Status: DisposedITAT Delhi30 May 2025AY 2015-16

Bench: Ms. Madhumita Roy & Shri Manish Agarwalthe Acit, Circle 16(2) Vs. Maximal Infrastructure Room No. 308, 3Rd Floor, Private Limited C.R. Building, I.P. Estate R-13, 2Nd Floor, Greater New Delhi – 110002 Kailash-1 New Delhi – 110002 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aacct3615R Appellant .. Respondent

For Appellant: Ms. Rajkumari, CAFor Respondent: Sh. Virender Kumar Singh, Sr
Section 143Section 143(3)

offence or that it did anything that was prohibited by law, payment in question did not fall within mischief of Explanation below section 38(12) – Held, yes - whether, therefore, assessee's claim was to be allowed - Held, yes [para 5] [in favour of assessee]” 8. Keeping in view

DCIT, Central Circle- 28, New Delhi vs. Maximal Infrastructure Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 7238/DEL/2017[2014-15]Status: DisposedITAT Delhi27 Aug 2021AY 2014-15

Bench: Shri O.P. Kant & Shri K.N. Chary[Through Video Conferencing] Assessment Year: 2014-15

Section 143Section 37

offence or that it did anything that was prohibited by law, payment in question did not fall within mischief of Explanation below section 38(12) - Held, yes - whether, therefore, assessee's claim was to be allowed - Held, yes [para 5] [in favour of assessee]” 8. Keeping in view