“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

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

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

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

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH 'D' : NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI BRAJESH

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