“Section 2(81)”

Section References (mined)Section 2Section 2(81)2 judgments

ESTEE INDIA FUND ,MAURITIUS vs. ACIT CIRCLE INT TAX 1(2)(2), DELHI

In the result, the appeal of the assessee is partly allowed

ITA 1955/DEL/2025[2022-23]Status: DisposedITAT Delhi12 Mar 2026AY 2022-23

For Appellant: Shri Sanjeev Kapoor, CAFor Respondent: Shri M.S. Nethrapal, CIT-DR

owner of the shares has various rights\nincluding voting right. Though the term Derivatives is not defined\nanywhere, the term \"securities\" defined under section 2(81) of the\nCompanies Act as per clause (h) of section 2 of the Securities Contracts\n(Regulations) Act, 1956 (42 of 1956) includes derivatives

MR. 3 SIGMA GLOBAL FUND ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX INT TAX CIRCLE 4(2)(1), MUMBAI

Accordingly we hold that the gain arising from the transfer of Derivatives cannot be taxed in India and the addition made in this regard stands deleted. Ground No. 1 raised by the assessee is hereb...

ITA 1130/MUM/2025[2022-23]Status: DisposedITAT Mumbai30 Jun 2025AY 2022-23

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Appellant: Bhaumik Goda, ARFor Respondent: Shri Krishna Kumar, Sr. DR

Section 143(3)

defined as "a share in the share capital of a company and includes stock." The ld. AR further drew our attention to section 2(81) which defines the terms equality to mean that "the securities as defined in clause (h) of section 2 of the Securities Contracts (Regulations ... submitted that Derivatives would fall within the definition of section 2(81) and is a security and not share as defined in section 2(81). The ld. AR also brought out the difference between shares and Derivatives as tabulated below: Sr.No. Equity share of a company Derivative 1 Ownership shares