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The provided judgment is an incomplete Supreme Court judgment. It details the AAR's finding that the assessees' applications were designed for tax avoidance, and the Delhi High Court's subsequent decision to allow the writ petitions, quashing the AAR's order and holding the assessees entitled to treaty benefits. The Supreme Court's final decision on the appeal is not present in the provided text.
The Income Tax Appellate Tribunal (ITAT) allowed the assessees' appeals, concluding that no profit accrued as there was no sale or transfer of shares. It held that the allotment of new shares in an amalgamated company in lieu of shares in the amalgamating company did not amount to a 'transfer', irrespective of whether the shares were capital assets or stock-in-trade.