MR. NIKHIL SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, appeal of the assessee is dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimr. Nikhil Sawhney Acit, 17 – Sunder Nagar, Central Circle, Vs. New Delhi – 110 003. Noida. Pan: Aaups0222Q (Appellant) (Respondent)

carried forward and set off against future capital gains - At relevant time capital gains was not taxable and assessee was not obliged to show capital gains in his return - Whether loss

DCIT, NEW DELHI vs. MRS. RADHIKA ROY, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

forwarding specific information by the investigation wing to the assessment wing as per the defined set of procedures of the income tax department therefore it cannot be said that AO has reopened the case on the dictating of the higher authorities. As per para number 6.7 of the order, he dealt with the argument of the assessee that

DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

forwarding specific information by the investigation wing to the assessment wing as per the defined set of procedures of the income tax department therefore it cannot be said that AO has reopened the case on the dictating of the higher authorities. As per para number 6.7 of the order, he dealt with the argument of the assessee that

DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

forwarding specific information by the investigation wing to the assessment wing as per the defined set of procedures of the income tax department therefore it cannot be said that AO has reopened the case on the dictating of the higher authorities. As per para number 6.7 of the order, he dealt with the argument of the assessee that

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

forwarding specific information by the investigation wing to the assessment wing as per the defined set of procedures of the income tax department therefore it cannot be said that AO has reopened the case on the dictating of the higher authorities. As per para number 6.7 of the order, he dealt with the argument of the assessee that

DCIT, NEW DELHI vs. DR. PRANNOY ROY, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

forwarding specific information by the investigation wing to the assessment wing as per the defined set of procedures of the income tax department therefore it cannot be said that AO has reopened the case on the dictating of the higher authorities. As per para number 6.7 of the order, he dealt with the argument of the assessee that

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

forwarding specific information by the investigation wing to the assessment wing as per the defined set of procedures of the income tax department therefore it cannot be said that AO has reopened the case on the dictating of the higher authorities. As per para number 6.7 of the order, he dealt with the argument of the assessee that

ACIT, NEW DELHI vs. MS. PIYA SINGH, NEW DELHI

In the result, appeal is allowed partly for statistical purpose

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2006-07 Vs. Ms. Piya Singh, 15, Aurangzeb Acit, Circle-47(1), 426, Mayur Bhavan, New Delhi Road, New Delhi Pan : Apdps6582D (Appellant) (Respondent) Appellant By Sh. F.R. Meena, Sr.Dr Respondent By Sh. Rupesh Jain, Adv. & Sh. Deepesh Jain, Ca Date Of Hearing 03.01.2017 Date Of Pronouncement 14.02.2017 Order Per O.P. Kant, A.M.: This Appeal By The Revenue Is Directed Against Order Dated 29/03/2011 Of Learned Commissioner Of Income-Tax (Appeals)-Xxx, New Delhi For Assessment Year 2006-07, Raising Following Grounds: “I) Deleting The Assessing Officer To Allow The Long Term Capital Loss & Thereby Deleting The Addition Of Rs.2,09,90,799/- Made By The Ao On Account Of Long Term Capital Gain On Sale Of Apartment: Ii) Concluding The Fact That The Assessee Incurred Capital Loss First In Point Of Time & Capital Gains Were Arrived At Much Later Date Not Considering That It Was Not Only On 01.03.2006 I.E. On The Date Of Sale That The Assessee Came To Know That She Was Going To Earn Profit On Her Investment In The Apartment Rather It Was Well Within Her Knowledge That The Value Of Investment In The Property Was Appreciating & As She Invested In The Property Only For The Purpose Of Earning Profit, The Sale Of Shares Seven Months Before

carry forward the capital loss arising on sale of preference shares to future years in accordance with law and claims set off of the same in future years against any long-term capital gain

ASHWANI TALWAR,NEW DELHI vs. ITO WARD 7(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaashwani Talwar, Vs. Ito, C/O. Advocate Deepak Ward-7(1), Kapoor, 59, Nehru New Delhi Apartments, Outer Ringh Road, Kalkaji, New Delhi (Appellant) (Respondent) Pan: Aaapt0920E

carry forward to subsequent years even though no specific mention has been made by the ld AO in the assessment order qua the same. In these circumstances, there is absolutely nothing wrong in assessee claiming set off of such brought forward short term capital loss with the short term capital gain

SAIF PARTNERS INDIA IV LIMITED ,DELHI vs. ACIT INT. TAXATION-3(1)(2), DELHI

In the result, the appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

carried forward by the Company. In absence of specific columns to represent such short term capital loss in the ITR Form, no disclosures for such loss transaction was provided. Note that the long term capital gain

MR. TARUN SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, both the appeals of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Sudhir Kumar

capital gains / losses. The assessee suffered LTCL of Rs 1,04,27,637/- in Asst Year 2012-13 on sale of equity shares and equity oriented mutual funds which were subject to levy of STT in the original return of income filed. The aforesaid loss was claimed to be carried forward

MR. TARUN SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, both the appeals of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Sudhir Kumar

capital gains / losses. The assessee suffered LTCL of Rs 1,04,27,637/- in Asst Year 2012-13 on sale of equity shares and equity oriented mutual funds which were subject to levy of STT in the original return of income filed. The aforesaid loss was claimed to be carried forward

SUMITOMO CORPORATION,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri R. K. Panda & Ms Suchitra Kamble(Through Video Conferencing) Sumitomo Corporation Vs Dcit (International Taxation) G-195, Circle-3(1)(2) Sarita Vihar New Delhi New Delhi Aabcs6011P (Appellant) (Respondent)

forward long term capital losses of Rs. 7,31,67,675 to the appellant against the capital gain so computed and further carrying

M/S STYLISH CONSTRUCTION PVT. LTD. vs. DCIT, NEW DELHI

In the result, appeal of the assessee is partly allowed

Bench: Shri H. S. Sidhu & Shri Prashant Maharishistylish Construction Pvt. Ltd, Dcit, 1027, Top Floor, Ward No. 8, Circle-9(1), Vs. Mehra Chowk, Mehrauli New Delhi Pan: Aaics4664H (Appellant) (Respondent)

gains, if any, of any speculation business carried on by him assessable for that assessment year; and (ii) if the loss cannot be wholly so set off, the amount of loss not so set off shall be carried forward to the following assessment year and so on. (3) In respect of allowance on account of depreciation or capital

SAHARA INDIA CORP INVESTMENT LTD,LUCKNOW vs. ACIT, CENTRAL CIRCLE-1, NEW DELHI

The appeal of the assessee is partly allowed as above

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No.1750/Del/2022, A.Y. 2017-18 Sahara India Corp Investment Assistant Commissioner Ltd., Of Income Tax, I-Kapoorthala Complex, Vs. Central Circle–1, Aliganj, Lucknow, Up Jhandewalan, New Delhi Pan: Aaacs1707R (Appellant) (Respondent) Appellant By Sh. Aditya Vohra, Advocate Sh. Arpit Goyal, Advocate Respondent By Sh. Ajay Kumar Arora, Sr. Dr Date Of Hearing 10/10/2025 Date Of Pronouncement 31/10/2025 Order Per Avdhesh Kumar Mishra, Am This Appeal For The Assessment Year (‘Ay’) 2017-18 Filed By The Assessee Is Directed Against The Order Dated 07.06.2022 Of The Commissioner Of Income Tax (Appeals)-23, New Delhi [‘Cit(A)’].

forward of capital loss against the assessee. The Ld. CIT(A) held that since the capital gains of the relevant year was exempted from tax; therefore, the loss resulted on sale of shares of M/s. PDOECL being capital loss, being exempted from tax, could not be carried

NEELU ANALJIT SINGH,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE-9, NEW DELHI

In the result, appeal filed by the assessee is partly allowed with above directions

Bench: Shri H. S. Sidhu & Shri Prashant Maharishimrs. Neelu Analjit Singh, Vs. The Addl. Commissioner Of 15, Dr. Apj Abdul Kalam Road, Income Tax , New Delhi Special Range-9, Pan: Aatps06882D New Delhi (Appellant) (Respondent)

gain of INR 5073822983/–. Further, as assessee has sold some other shares of two different companies and claimed long term capital loss of Rs. 24.98 crores, AO found that the actual long-term capital loss is of only INR 2.49 crores , therefore, he denied the carry forward

HEIDELBERG CEMENT INDIA LTD.,GURGAON vs. DCIT, CIRCLE- 2 , GURGAON

In the result, appeal of the assessee is partly allowed

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaheidelberg Cement India Ltd, Vs. Dcit, 9Th Floor, Tower-C, Infinity Circle-2, Towers, Dlf, Cybercity, Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aabcm2359J

carry forward and allowance of “capital loss” only. The revenue in the instant had looked into the entire issue from the perspective of current year‟s business loss to be set off with current year‟s long term capital gain

SANJAY KAUL,NEW DELHI vs. ITO, WARD-24(4), NEW DELHI

In the result, the appeal of the assessee is dismissed

Bench: Shri H.S. Sidhu & Shri O.P. Kantassessment Year: 2015-16

carried out by the assessee and the claim of the short Term Capital Loss is in the 21 normal course of the investment activity of the assessee. We find that the Assessing Officer has referred to investigation done by the Directorate of Investigation, Kolkata, to highlight the General modus operandi of providing bogus long-term or short-term capital gain/loss