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

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

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

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

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

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)

capital asset if it is held for not more than thirty-six months. However, in the case of share of an unlisted company or a unit of a Mutual Fund specified under clause (23D) of section 10 of the Income-tax Act, which is transferred during the period beginning on 1st April, 2014 and ending on 10th July

SAT SAHIB SECURITIES PVT. LTD.,DELHI vs. DCIT, CIRCLE-7(1), NEW DELHI

In the result the appeal of the assessee is allowed

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2006-07 M/S. Sat Sahib Securities Pvt. Vs Dcit Ltd. Pvt. Ltd., B-129, Anand Circle – 7 (1) Vihar, New Delhi-110092 New Delhi Pan No.Aabcs2456G (Appellant) (Respondent)

46-50 Gain income Appeal Gain 2005-06 Capital Capital 143(1) No Capital 51-53 Gain Gain Gain Appeal 20006-07 Capital Business 143(3) Capital Capital 57-66 Gain Gain income Gain 2007-08 Capital Capital 143(3) No Capital 54-56 Gain Gain Gain appeal 2008-09 Capital Business 143(3) Capital Capital 67-75 Gain Gain

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

10% through AGL. That, despite this, the Bidvest group changed its routing of funds through the Petitioner through Mauritius, the Petitioner company being a shell company without any tangible assets, employees, office space etc. being incorporated a few days before the bidding. It has no management experts or financial advisers on its pay roll or on hire. That

SACHIN KANODIA,NEW DELHI vs. ITO WARD - 42(2), NEW DELHI

Appeal are dismissed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

section 10(38) of IT Act, 1961. The said claim of long terms Capital gain of Re 63,01,425/- as exempt income has formed 8 Sachin Kanodia Vs. ITO the very basis for the selection of the case for scrutiny in CASS. The grounds being interrelated are disposed of together. 5.1.1 It was also noted by the AD that

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

46,74,280/- on account of capital gain u/s 45(4) made by the LD AO and confirmed by CIT(A) is not acceptable and may please be deleted. 3 5. That the Ld CIT(A) has erred in law while confirming the adhoc addition of Rs 2,00,000/- made by the Ld AO u/s 45(4), in respect

M/S THE ORIENTAL INSSURANCE CO.LTD.,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Anil Chaturvedi & Shri Anubhav Sharmam/S. The Oriental Insurance Co. Ltd, Vs. The Dcit, A 25/27, Asaf Ali Road, Ltu, New Delhi New Delhi-110002 (Appellant) (Respondent) Pan: Aaact0627R

46,489/- under section 10(34). He has elaborately discussed this issue from Para 6 onwards and ultimately made an enhancement of income to an extent of Rs. 274,11,65,844/- the amount which was allowed by the Assessing Officer as exempt under section 10. The contention of the CIT (A) was that the assessee was not eligible

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

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

PURAN ASSOCIATES PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE-20(1), NEW DELHI

In the result, the appeal of the assessee is allowed partly

Bench: Shri Kul Bharat & Shri O.P. Kant[Through Video Conferencing] Assessment Year: 2014-15

capital gains as business income, without going into the facts of the relevant year and ignoring the CBDT’s circular. 3) That the CIT (Appeals)/AO has erred on facts and in law in increasing the disallowance u/s 14A by Rs 77,82,133, without factoring the assessee himself had disallowed Rs 24,38,508. 4) That both

THE ORIENTAL INSURANCE CO. LTD.,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

46,489/- under section 10(34). He has elaborately discussed this issue from Para 6 onwards and ultimately made an enhancement of income to an extent of Rs. 274,11,65,844/- the amount which was allowed by the Assessing Officer as exempt under section 10. The contention of the CIT (A) was that the assessee was not eligible

DCIT, CIRCLE- 1, LTU, NEW DELHI vs. THE ORIENTAL INSURANCE CO. LTD., NEW DELHI

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

46,489/- under section 10(34). He has elaborately discussed this issue from Para 6 onwards and ultimately made an enhancement of income to an extent of Rs. 274,11,65,844/- the amount which was allowed by the Assessing Officer as exempt under section 10. The contention of the CIT (A) was that the assessee was not eligible

ACIT, CC-15, NEW DELHI vs. DINESH GUPTA, NEW DELHI

In the result, appeal of the Department

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

capital gains earned by Shri Dinesh Gupta [HUF] was claimed as exempt under section 10(38) of the I.T. Act, 1961 and the A.O. accepted the same in scrutiny assessment under section 143(3) of the I.T. Act. The assessee, 46