MRS. SHIKHA SANJAYA SHARMA,MUMBAI vs. THE DCIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, this appeal of assessee is allowed

Bench: Smt. Annapurna Gupta& Ms. Madhumita Roy

Gain and thereby reduce the losses available for carry forward. 7. Per contra, the Ld. D/R supported the orders of lower authorities. 8. The short and exact controversy before us is whether the assessee was legally correct in claiming carry forward of full amount of losses without setting of such losses against the Long-Term Capital

INDUCTOTHERM (INDIA) PRIVATE LTD.,AHMEDABAD vs. THE DY.CIT.,CIRCLE-2(1)(1),, AHMEDABAD

In the result, the assessee’s appeal for the assessment year 2011-12 is also partly allowed in the terms indicated above

forward of long-term capital losses of Rs. 9,23,55,945 to the subsequent years. There is no dispute that the capital gain in question was exempt under s. 10(38) of the Act. There is also no dispute that the capital loss on sale of shares which was claimed by the assessee to be carried

INDUCTOTHERM (INDIA) PRIVATE LTD.,AHMEDABAD vs. THE JT.CIT.,RANGE-4,, AHMEDABAD

In the result, the assessee’s appeal for the assessment year 2011-12 is also partly allowed in the terms indicated above

forward of long-term capital losses of Rs. 9,23,55,945 to the subsequent years. There is no dispute that the capital gain in question was exempt under s. 10(38) of the Act. There is also no dispute that the capital loss on sale of shares which was claimed by the assessee to be carried

INDUCTOTHERM (INDIA) PRIVATE LTD.,AHMEDABAD vs. THE DY.CIT.,CIRCLE-4,, AHMEDABAD

In the result, the assessee’s appeal for the assessment year 2011-12 is also partly allowed in the terms indicated above

forward of long-term capital losses of Rs. 9,23,55,945 to the subsequent years. There is no dispute that the capital gain in question was exempt under s. 10(38) of the Act. There is also no dispute that the capital loss on sale of shares which was claimed by the assessee to be carried

THE DY. CIT., CIRCLE-3,, AHMEDABAD vs. KHANDWALA INTEGRATED FINANCIAL SERVICES PVT. LTD, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

capital gain from sale of shares held for less than 12 months. 10.7 Further, loss of sale of shares in earlier year as short term capita/loss and same was carried forward

THE ACIT, CIRCLE-3,, AHMEDABAD vs. KIFS SECURITIES LIMITED,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

capital gain from sale of shares held for less than 12 months. 10.7 Further, loss of sale of shares in earlier year as short term capita/loss and same was carried forward

KIFS SECURITIES PVT. LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(3), AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

capital gain from sale of shares held for less than 12 months. 10.7 Further, loss of sale of shares in earlier year as short term capita/loss and same was carried forward

KIFS SECURITIES PVT. LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(3),, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

capital gain from sale of shares held for less than 12 months. 10.7 Further, loss of sale of shares in earlier year as short term capita/loss and same was carried forward

KIFS SECURITIES PVT. LTD.,AHMEDABAD vs. THE ACIT, CIRCLE-1(3), AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

capital gain from sale of shares held for less than 12 months. 10.7 Further, loss of sale of shares in earlier year as short term capita/loss and same was carried forward

KIFS SECURITIES LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE- 3,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

capital gain from sale of shares held for less than 12 months. 10.7 Further, loss of sale of shares in earlier year as short term capita/loss and same was carried forward

DY.COMMISSIONER OF INCOME TAX CIRCLE-1(3),, AHMEDABAD vs. KIFS PVT.LTD.,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

capital gain from sale of shares held for less than 12 months. 10.7 Further, loss of sale of shares in earlier year as short term capita/loss and same was carried forward

KIFS SECURITIES LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE- 3,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

capital gain from sale of shares held for less than 12 months. 10.7 Further, loss of sale of shares in earlier year as short term capita/loss and same was carried forward

M/S. CHANDAN INFRATECH LIMITED,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(3),, AHMEDABAD

loss. The Assessing Officer has not given any clear cut finding that the shares held as “stock-in-trade” were sold by the assessee and claiming capital gain. When this basic foundation is not being doubted by the Assessing Officer. The action of the A.O. treating the sale of shares held as “investment” by the assessee and offered the same

GUJARAT FLUROCHEMICALS LIMITED,,BARODA vs. THE DY.CIT, CIRCLE-1(1),, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

gain or loss per se in the transaction. The only loss was on account of indexation of the cost of acquisition. (v) This long term capital loss has been carried forward

THE ADDL.CIT, RANGE-1, BARODA vs. GUJARAT FLUOROCHEMEICALS LTD, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

gain or loss per se in the transaction. The only loss was on account of indexation of the cost of acquisition. (v) This long term capital loss has been carried forward

GUJARAT FLUROCHEMICALS LIMITED,,BARODA vs. THE ADDL. CIT, RANGE-1,, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

gain or loss per se in the transaction. The only loss was on account of indexation of the cost of acquisition. (v) This long term capital loss has been carried forward

THE DCIT, CIRCLE-1(1),, BARODA vs. GUJARAT FLUROCHEMICALS LTD.,, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

gain or loss per se in the transaction. The only loss was on account of indexation of the cost of acquisition. (v) This long term capital loss has been carried forward

THA ADDL. CIT, RANGE-1,, BARODA vs. M/S. GUJARAT FLUROCHEMICALS LIMITED.,, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

gain or loss per se in the transaction. The only loss was on account of indexation of the cost of acquisition. (v) This long term capital loss has been carried forward

GUJARAT FLUROCHEMICALS LTD.,,BARODA vs. THE DY.CIT.,CIRCLE-1(1),, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

gain or loss per se in the transaction. The only loss was on account of indexation of the cost of acquisition. (v) This long term capital loss has been carried forward