BHUPINDER SINGH JULKA,NEW DELHI vs. ACIT, CIRCLE-INT. TAX. 2(1)(2), DELHI

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Kul Bharat & Shri M. Balaganesh

144C(13) of the Act. ITA No.-1807/Del/2022 Bhupinder Singh Julka 2. That ground no 2 to 2.2 relates to grievance of appellant in respect of addition of Rs. 3,37,202/- representing alleged short term capital gain as against claim of long term capital loss of Rs. 81,42,760/- on sale of capital asset by the appellant

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

Capital Gain/Short Term Capital Loss or any other sham transactions. " Similarly, the clarification for unlisted shares states: "It is, however, clarified that the above would not be necessarily applied in the situation where: (i) the genuineness of the transaction in unlisted shares itself is questionable; or (ii) the transfer of unlisted shares is related to an issue pertaining to lifting

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

Capital Gain/Short Term Capital Loss or any other sham transactions. " Similarly, the clarification for unlisted shares states: "It is, however, clarified that the above would not be necessarily applied in the situation where: (i) the genuineness of the transaction in unlisted shares itself is questionable; or (ii) the transfer of unlisted shares is related to an issue pertaining to lifting

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

section 144C(13) of the Income-tax Act, 1961 (in short ‘the Act’), pertaining to assessment year 2017-18, AY: 2017-18 in pursuance to directions of learned Dispute Resolution Panel (DRP). 2. Before we proceed to deal with the substantive issues arising in the appeal, it is necessary to observe, a complaint dated 07.04.2023 addressed to the President, Income

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

144C of the Act. Vide letter dated\n17.03.2021, the assessees informed the AO that they were not\nwilling to approach the Dispute Resolution Panel and reserved the\nright to appeal before CIT(A) against the final assessment orders.\nAccordingly, final assessment orders were passed. Aggrieved by the\nassessment order, the assessees filed appeals before the CIT(A)\nThe A0, arrived

MICROSOFT CORPORATION (INDIA) PVT LTD,DELHI vs. DCIT (16) (1) DELHI, DELHI

Appeal of the assessee is allowed

Bench: Shri Mahavir Singh, Vice Presdient (), Shri Vikas Awasthy & Shri Brajesh Kumar Singhआअसं.1862/िद"ी/2022 (िन.व. 2017-18) Microsoft Corporation (India) P. Ltd., 807, New Delhi House, Barakhamba Road, New Delhi 110001 ...... अपीलाथ"/Appellant Pan: Aaacm-5586-C बनाम Vs. Deputy Commissioner Of Income-Tax, Circle 16(1), Central Revenue Building, ..... "ितवादी/Respondent Ip Estate, Delhi अपीलाथ" "ारा/ Appellant By : S/Shri Nageswar Rao, (Through Vc) & Parth, Advocates "ितवादी"ारा/Respondent By : Shri Rajesh Kumar, Cit- Dr सुनवाई क" ितिथ/ Date Of Hearing : 04/09/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 04/09/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 30.06.2022, Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961, (Hereinafter Referred To As ‘The Act’) For Assessment Year 2017-18. 2. Shri Nageswar Rao, Appearing On Behalf Of The Assessee Submitted At The Outset That, At This Stage He Is Confining His Submissions To Ground No. 1 Of Appeal

gain complete and up- to-date access to all relevant data in regard to an assessee's assessment would available on the 360 degree screen. 36. Learned Standing Counsel draws attention to letter dated 12.12.2024 from the Secretariat of the DRP, specifically the portion where the DRP 35 states that ‘no separate mail had been sent

HOME CREDIT INTERNATIONAL A.S.,CZECH REPUBLIC vs. ASSISTANT. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, GURGAON

In the result, appeal is partly allowed, as indicated above

Bench: Shri Saktijit Dey, Vice- & Shri Pradip Kumar Kediaassessment Year: 2020-21

Capital gains") for- (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property; ………. (iva) the use or right to use any industrial, commercial or scientific equipment but not including the amounts referred to in section 4413B

SAKET KANOI,GURGAON vs. DCIT INTL. TAXATION, GURGAON

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumar, Sh. Yogesh Kumar Us

144C(5) of the Income Tax 4 1961 dated 22.08.2022 wherein the Hon'ble Panel has given the following directions: 9 Saket Kanoi 8. DRP's Directions: The Hon’ble DRP has gave its direction on the above said) objections which is reproduced as under: The only major issue in this objection is regarding applicability of lndo-UAE DTAA

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

144C(S) of the Act without\njudiciously and independently considering e factual and legal objections to\nthe draft assessment order, is illegal and bad in law.\n1.2 That the DRP erred on facts and in law in not directing the assessing\nofficer to delete certain additions/ disallowance which were squarely covered\nin favour of the appellant by the appellate orders

DCIT(INTERNATIONAL TAXATION), DELHI vs. KESAV SREE KUMAR KESAVAN NAIR, DELHI

In the result, the appeals of the Revenue in ITA Nos

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

capital gain on sale of shares and mutual funds in India. ITA Nos.2848 & 2849/Del/2023 CO Nos.26 & 27/Del/2024 6 7.On the basis of certain information, the assessing officer issued notice under Section 148 dated 28.03.2021 of the Act to the assessee, in compliance to which the assessee filed his return of income declaring total income of Rs.14

DCIT, INTERNATIONAL TAXATION CIRCLE-2(1)2, DELHI vs. KESAV SREE KUMAR KESAVAN NAIR, DELHI

In the result, the appeals of the Revenue in ITA Nos

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

capital gain on sale of shares and mutual funds in India. ITA Nos.2848 & 2849/Del/2023 CO Nos.26 & 27/Del/2024 6 7.On the basis of certain information, the assessing officer issued notice under Section 148 dated 28.03.2021 of the Act to the assessee, in compliance to which the assessee filed his return of income declaring total income of Rs.14

SANGITA KSHETRY,NOIDA vs. ACIT,CIRCLE INT.TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

144C of the Act concluding that the Assessee under the garb of share transaction, has transacted the underlying assets of the company UEM and determined the capital gains by substituting the full value of consideration received by the Assessee (i.e., Rs. 14,25,24,594.16/) with the total capitalized value of tangible assets of the Company

HERSH VARDHAN KSHETRY,NOIDA vs. ACIT, CIRCLE INT. TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

144C of the Act concluding that the Assessee under the garb of share transaction, has transacted the underlying assets of the company UEM and determined the capital gains by substituting the full value of consideration received by the Assessee (i.e., Rs. 14,25,24,594.16/) with the total capitalized value of tangible assets of the Company

NINA KSHETRY,NOIDA vs. ACIT, CIRCLE INT.TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

144C of the Act concluding that the Assessee under the garb of share transaction, has transacted the underlying assets of the company UEM and determined the capital gains by substituting the full value of consideration received by the Assessee (i.e., Rs. 14,25,24,594.16/) with the total capitalized value of tangible assets of the Company

BHS INDIA HOLDINGS, INC.,NEW JERSEY, USA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE INTERNATIONAL TAXATION 1(1)(2), DELHI

The appeal is allowed and the stay application which is tagged along is dismissed being infructous

Bench: Shri Gs Pannu & Shri Anubhav Sharma

capital gains by virtue of the CBDT Circular dated 02 May 2016 and based on the factual documents furnished by the Appellant during the course of assessment proceedings and the proceedings before the Hon'ble DRP, which was not held by the learned AD as ingenuine or spurious 9. The learned AO. In passing the final order under section

SARVA CAPITAL LLC,NEW DELHI vs. ACIT CIRCLE INTERNATIONAL TAX 3(1)(2), NEW DELHI

In the result, appeal is partly allowed

Bench: Shri Kul Bharat & Dr. B. R. R. Kumar

section 144C(13) of the Income-tax Act, 1961 pertaining to assessment year 2019-20, in pursuance to the directions of learned Dispute Resolution Penal (DRP). 2. Grounds Nos. 1, 3 and 7, being general grounds, do not require adjudication. 3. At the time of hearing, learned counsel appearing for the assessee, on instructions, did not press ground

HAREON SOLAR SINGAPORE PRIVATE LIMITED,SINGAPORE vs. DCIT INT. TAXATION CIRCLE-2(1)(1), NEW DELHI

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

15%, wherein India\nSingapore DTTA benefit was allowed. It was submitted that on similar basis the\nTreaty benefit should be extended to the capital gain arising from sale of\naforesaid equity shares and CCDs. It was also submitted that TRC was duly\nsubmitted which is placed at pages 177 and 178 of the paper book. Our attention\nwas drawn

SARVA CAPITAL LLC,NEW DELHI vs. ACIT, CIRCLE-3(1)(2), INTERNATIONAL TAXATION, NEW DELHI

In the result, appeal is partly allowed

Bench: Shri G.S. Pannu & Shri Saktijit Dey, Vice-Assessment Year: 2019-20 Sarva Capital Llc, Versus Acit, Circle 3(1)(2), C/O Dinesh Mehta & Co., Cas, International Taxation, 21, Dayanand Road, Darya Ganj, New Delhi. New Delhi Pan: Aaccl0102B (Appellant) (Respondent) Assessee By : Sh. Hiren Mehta, Ca & Sh. Nirbhay Mehta, Adv. Revenue By : Sh. Vizay B. Vasanta, Cit(Dr)

section 144C(13) of the Income-tax Act, 1961 pertaining to assessment year 2019-20, in pursuance to the directions of learned Dispute Resolution Penal (DRP). 2 2. Grounds Nos. 1, 3 and 7, being general grounds, do not require adjudication. 3. At the time of hearing, learned counsel appearing for the assessee, on instructions, did not press ground