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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

10 in equal ratio to both The long-term capital gain/short-term capital gain accrued to Mrs Radhika Roy for FY 2008 – 09 needs to be modified as under:- Particulars amount in Crore Rs. serial number long-term capital gain disclosed RS. 108.53 1 in the return of income short-term capital gain to be RS. 1.27 2 assessed

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

10 in equal ratio to both The long-term capital gain/short-term capital gain accrued to Mrs Radhika Roy for FY 2008 – 09 needs to be modified as under:- Particulars amount in Crore Rs. serial number long-term capital gain disclosed RS. 108.53 1 in the return of income short-term capital gain to be RS. 1.27 2 assessed

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

10 in equal ratio to both The long-term capital gain/short-term capital gain accrued to Mrs Radhika Roy for FY 2008 – 09 needs to be modified as under:- Particulars amount in Crore Rs. serial number long-term capital gain disclosed RS. 108.53 1 in the return of income short-term capital gain to be RS. 1.27 2 assessed

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

10 in equal ratio to both The long-term capital gain/short-term capital gain accrued to Mrs Radhika Roy for FY 2008 – 09 needs to be modified as under:- Particulars amount in Crore Rs. serial number long-term capital gain disclosed RS. 108.53 1 in the return of income short-term capital gain to be RS. 1.27 2 assessed

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

10 in equal ratio to both The long-term capital gain/short-term capital gain accrued to Mrs Radhika Roy for FY 2008 – 09 needs to be modified as under:- Particulars amount in Crore Rs. serial number long-term capital gain disclosed RS. 108.53 1 in the return of income short-term capital gain to be RS. 1.27 2 assessed

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

10 in equal ratio to both The long-term capital gain/short-term capital gain accrued to Mrs Radhika Roy for FY 2008 – 09 needs to be modified as under:- Particulars amount in Crore Rs. serial number long-term capital gain disclosed RS. 108.53 1 in the return of income short-term capital gain to be RS. 1.27 2 assessed

DIRECTOR OF INCOME TAX (EXEMPTION) vs. AIPECCS SOCIETY

Capital gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of section 72, or sub-section (2) of section 73, or sub-section (1) [or sub-section (3)] of section 74, [or sub- section (3) of section 74A], he may furnish, within the time allowed under sub-section (1), a return

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)

10,00,000 is outstanding. Therefore, he submitted that non-deduction of the above preferential capital while working out the price of equity shares of those companies cannot be taken. He further referred to page number 8 of the detailed working of the value of shares of Scorpio beverages private limited. He submitted that as per the order

CHANDER KALAN,DELHI vs. NEAC, DELHI

In the result, the appeal filed by the assessee is allowed

capitals gains under Section 45 (5) (b) of the Act and by virtue of Section 10 (37) of the Act is not chargeable

SUPERB MIND HOLDING LTD. ,NEW DELHI vs. ACIT CIRCLE INT TAX 3(1)(2), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.1568/Del/2022 िनधा"रणवष"/Assessment Year: 2018-19

37. It is clear from the aforesaid that capital gains derived by a resident of Mauritius by alienation of shares of companies shall be taxable in Mauritius only and will not have any capital gains tax liability in India. 38. Further, reliance was placed upon another Circular No.789 dated 13th April 2000 issued by the CBDT which clarified that companies

MR. SUNIL GOYAL,NOIDA vs. ITO, NEW DELHI

Appeal is disposed of in accordance with the aforesaid directions

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

Section 28(va) in the context of sale of shares and held that the long term capital gain on sale of those assets cannot be disregarded and the income there from cannot be brought to tax as business income u/s.28(va) - Para 10 &11. 10. The Delhi Bench of IT AT in the case of Hulas Rahul Gupta

MILAN SAINI,GURGAON vs. DCIT, CIRCLE- 2 , GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2014-15 Milan Saini, Vs. Dcit, 37, Centrum Plaza, Dlf Golf Circle-2. Course Road, Sector 53, Gurgaon Gurgaon (Haryana) Pan: Braps1366P (Appellant) (Respondent)

37, Centrum Plaza, DLF Golf Circle-2. Course Road, Sector 53, Gurgaon Gurgaon (Haryana) PAN: BRAPS1366P (Appellant) (Respondent) Assessee by: Shri Ajay Vohra, Sr. Adv. Shri Deepesh Garg, Adv. & Ms. Shaurya Jain, CA Department by: Ms. Harpreet Kaur Hansra, Sr. DR Date of Hearing: 11.08.2025 Date of pronouncement: 28.10.2025 O R D E R PER VIMAL KUMAR, JUDICIAL MEMBER

PURAN ASSOCIATES PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is partly allowed

Bench: Shri Bhavnesh Saini & Shri O.P. Kant, Accountantmember

capital gain. The ground No.2 relates to disallowance of ₹ 53,16,568/- 3. under section 14A read with rule 8D of Income Tax Rules, 1962. The assessee disclosed income of ₹ 28.3 crores and made disallowance of ₹ 10,82,334/-, under section 14A of the Act as under: 16 ITA No. 3785/Del./2017 3.1 The action of the assessee of reducing

SHIV KUMAR JATIA,NEW DELHI vs. ITO, WARD- 10(2), NEW DELHI

The appeals of the assessee are allowed

Bench: Sh. Bhavnesh Sainidr. B. R. R. Kumar(Through Video Conferencing) Ita No. 7256/Del/2019 : Asstt. Year : 2011-12 Ita No. 241/Del/2019 : Asstt. Year : 2013-14 Sh. Shiv Kumar Jatia, Vs Income Tax Officer, B-50, Gulmohar Park, Ward-10(2), New Delhi-110049 New Delhi-110002 (Appellant) (Respondent) Pan No. Aabpj7582K Assessee By : Sh. C. S. Aggarwal, Sr. Adv. Revenue By : Sh. Prakash Dubey, Sr. Dr Date Of Hearing: 10.03.2021 Date Of Pronouncement: 26.04.2021

gain or loss from transfer of long term capital asset being equity share in a company where such transaction is chargeable to STT, since the entire receipt from such transfer is exempt under Section 10(38). Kind attention is also drawn to section 14A of the Act, which provides that “for the purpose of computing total income under Chapter

SHIV KUMAR JATIA,NEW DELHI vs. ITO, WARD- 10(2), NEW DELHI

The appeals of the assessee are allowed

Bench: Sh. Bhavnesh Sainidr. B. R. R. Kumar(Through Video Conferencing) Ita No. 7256/Del/2019 : Asstt. Year : 2011-12 Ita No. 241/Del/2019 : Asstt. Year : 2013-14 Sh. Shiv Kumar Jatia, Vs Income Tax Officer, B-50, Gulmohar Park, Ward-10(2), New Delhi-110049 New Delhi-110002 (Appellant) (Respondent) Pan No. Aabpj7582K Assessee By : Sh. C. S. Aggarwal, Sr. Adv. Revenue By : Sh. Prakash Dubey, Sr. Dr Date Of Hearing: 10.03.2021 Date Of Pronouncement: 26.04.2021

gain or loss from transfer of long term capital asset being equity share in a company where such transaction is chargeable to STT, since the entire receipt from such transfer is exempt under Section 10(38). Kind attention is also drawn to section 14A of the Act, which provides that “for the purpose of computing total income under Chapter

M/S. GURU KRIPA AGRO FOODS,HARYANA vs. ITO, KARNAL

In the result, the appeal of the assessee stands partly

Bench: Shri S.V. Mehrotra & Shri Chandra Mohan Garg

37 & 38 of the assessee’s paper book [APB for short] and vehemently contended that the assessee fairly admitted that ITR for A.Y 2008-09 does not have any inclusion of capital gain in the computation of income. The ld. DR further contended that the assessee neither offered capital gain for A.Y 2008-09 in its return of income

ESSAR COMMUNICATIONS LIMITED,MAURITIUS vs. ACIT, CIRCLE-1 (2)(2), NEW DELHI

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

10 May 2016 and 29 August 2016 further clarify that the amendments made to the India-Mauritius DTAA will be applicable only from A.Y. 2018-19 that too on capital gains arising on the securities purchased after 1 April 2017. 25. Without prejudice to the fact that the said Article 27A does not apply

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)

10. In view of the aforesaid facts, the Ld. AR submitted that the issue involved in the appeal is squarely covered by the orders of the Tribunal and the findings recorded by the Assessing Officer for the succeeding assessment years. This is evident from the table placed at page 343 of the PB for the A.Ys