MARUTI SUZUKI INDIA LIMITED,NEW DELHI vs. ACIT, SPL. RANGE-6, NEW DELHI

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

gains; and b) dividend. Xxxxxx 47. Tax has been defined in section 2(43) as under: " Tax" in relation to the assessment year commencing on the 1st day of April, 1965 , and any subsequent assessment year means income- tax chargeable under the provisions of this Act, and in relation to any other assessment year income- tax and super- tax chargeable

MARUTI SUZUKI INDIA LTD,NEW DELHI vs. DCIT, CIRCLE-16(1), NEW DELHI

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

gains; and b) dividend. Xxxxxx 47. Tax has been defined in section 2(43) as under: " Tax" in relation to the assessment year commencing on the 1st day of April, 1965 , and any subsequent assessment year means income- tax chargeable under the provisions of this Act, and in relation to any other assessment year income- tax and super- tax chargeable

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, CIRCLE-16(1), NEW DELHI

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

gains; and b) dividend. Xxxxxx 47. Tax has been defined in section 2(43) as under: " Tax" in relation to the assessment year commencing on the 1st day of April, 1965 , and any subsequent assessment year means income- tax chargeable under the provisions of this Act, and in relation to any other assessment year income- tax and super- tax chargeable

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, CIRCLE-16(1), NEW DELHI

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

gains; and b) dividend. Xxxxxx 47. Tax has been defined in section 2(43) as under: " Tax" in relation to the assessment year commencing on the 1st day of April, 1965 , and any subsequent assessment year means income- tax chargeable under the provisions of this Act, and in relation to any other assessment year income- tax and super- tax chargeable

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)

115-119 that these are empty boxes based in Mauritius only for tax benefit. Part B-III -Analysis of Board minutes and various tables 13 (I) ECL- Mauritius; persons authorised as per Board minutes along 120-125 with purpose of authorisation; 14 (II) ECOM- Mauritius; persons authorised as per Board minutes 126-133 along with purpose of authorisation

NIKESH ARORA,GURGAON vs. DCIT, INTERNATIONAL TAXATION, GURGON

In the result, appeal is allowed in the terms indicated above

Bench: We Proceed To Deal With The Substantive Issues Arising

capital gain and resultant tax liability in accordance with section 112(1)(c)(iii) of the Act read with Rule 115

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

115 TTJ 639 (Mum.) In view of the above, on ground of consistency, as well, the transaction of sale of shares/ mutual funds must be accepted to be taxable under the head ‘capital gains’ and the treatment of the same as business income is not sustainable. Re: Remand proceedings for AY 2010-11 The aforesaid re-characterization of income arising

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

115 TTJ 639 (Mum.) In view of the above, on ground of consistency, as well, the transaction of sale of shares/ mutual funds must be accepted to be taxable under the head ‘capital gains’ and the treatment of the same as business income is not sustainable. Re: Remand proceedings for AY 2010-11 The aforesaid re-characterization of income arising

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

capital gain of INR40,056,781 has been shown in schedule CG of ITR out of abundant caution. • Income from dividend - INR22,300,518 During the year under consideration, the Company has received dividend from Senco Gold Limited and Manpasand Beverages amounting to INR22,300,518. Such dividend shall be exempt in the hands of the Company under section

GURBAKSHISH SINGH BATRA,NEW DELHI vs. PR. CIT - 12, NEW DELHI

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

Bench: Shri R.K. Panda & Shri N.K. Choudhryassessment Year: 2016-17 Gurbakshish Singh Batra, Vs Pr.Cit-12, E-1511, Wazir Nagr, New Delhi. Kotla Mubarakpur, New Delhi. Pan: Adspb2480J (Appellant) (Respondent) Assessee By : Shri R.S. Singhvi, Ca Revenue By : Shri Shashi Bhushan Sukla, Cit, Dr Date Of Hearing : 15.02.2022 Date Of Pronouncement : 31.03.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22Nd March, 2021 Of The Pcit, Delhi-12, Passed U/S 263 Of The It Act For The Assessment Year 2016-17. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 6Th October, 2016 Declaring The Total Income At Rs.44,86,160/-. The Return Was Processed U/S 143(1) Of The It Act. Subsequently, The Case Of The Assessee Was Selected For ‘Limited Scrutiny’ Based On The Following Reasons:-

capital gain on sale of asset. Therefore, the action of the Pr. CIT in treating the Assessment Order as erroneous or prejudicial to the interest of the Revenue for taking a plausible view is arbitrary and merely on the basis of presumption and surmises. For the above proposition, the ld. Counsel for the referred to the following decisions:- i. PCIT

MUKUL ROHATGI,NEW DELHI vs. ACIT CIRCLE 61(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Singh & Shri Manish Agarwal

Section 263 of the Act which deems the assessment order erroneous insofar as is prejudicial to the interest of the Revenue due to lack of such enquiry/verification. 8. At the time of hearing now before us, the learned Counsel for the assessee stated that this property was sold on 25th March, 2019 and capital gain was offered

DEVIDAYAL ALUMINIUM INDUSTRIES (P) LTD.,NEW DELHI vs. DCIT, GHAZIABAD

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh

section 2(47)(v) of the Act giving rise to assessment of capital gains. Their lordship’s latter decision Seshasayee Steels Pvt Ltd Vs. PCIT 115

DEVIDAYAL ALUMINIUM INDUSTRIES (P) LTD.,NEW DELHI vs. DCIT, GHAZIABAD

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh

section 2(47)(v) of the Act giving rise to assessment of capital gains. Their lordship’s latter decision Seshasayee Steels Pvt Ltd Vs. PCIT 115

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

115 JB of the Income Tax Act, 1961 for levy of Minimum Alternate Tax as the appellant being an insurance company, the computation of its profits and gains of business are governed by the provisions of Section 44 read with Rule 5 of the First Schedule to the Income Tax Act, 1961. Accordingly, the provisions of Section 115JB

THR INFRASTRUCTURE PTE LTD,GURGAON vs. DCIT, CIR.-3(1)(1), INTL TAX, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

capital gains arising from sale of CCD as annexed to final assessment order by applying the tax rate of 20% (instead of 10%) as stipulated in section 115

DCIT (LTU), NEW DELHI vs. M/S. MAWANA SUGAR LTD., NEW DELHI

In the result, the appeal filed by the assessee being ITA

Bench: him in the Memorandum of Appeal. 4.1 That on facts and in law the AO erred in ado tin the figure of Taxable Capital Gains at Rs.6,98,80,603/- instead of Rs.6,90,79,603/-.

gains at Rs.6,98,80,603/- instead of Rs.6,90,79,603/- since it is a typographical error, the issue under consideration is remitted back to AO to verify the same and do the needful as per law. Accordingly, ground no.4 raised by the assessee is allowed for statistical purposes. 29. With regard to Departmental appeal, the brief facts

MAWANA SUGARS LIMITED.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal filed by the assessee being ITA

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

gains at Rs.6,98,80,603/- instead of Rs.6,90,79,603/- since it is a typographical error, the issue under consideration is remitted back to AO to verify the same and do the needful as per law. Accordingly, ground no.4 raised by the assessee is allowed for statistical purposes. 29. With regard to Departmental appeal, the brief facts

HARMANDER SINGH SRAN,NEW DELHI vs. ACIT, CC- 29, NEW DELHI

In the result, the appeal of the assessee is allowed

115-0\"\n\n12. Further, the assessee claimed that as per section 10(34) of the\nAct, the income by way of dividend is exempt as referred in section\n1150 of the Act which includes deemed dividend also, therefore, we\nmust see the provision of section 1150 of the Act as existed during\nthe year under appeal which reads