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)

section 45" are very important. They are not being read by the Department. These words cannot be omitted." (emphasis supplied) g. Aforesaid decision of the Bombay High Court has been affirmed by the Supreme Court in the case of CIT vs. D.P. Sandu Bros. Chembur (P.) Ltd.: 273 ITR 1 (SC). h. Compensation for giving up litigation/ right

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)

capital gains taxation by the AO 6.1 Broad view of Essar Group Company forming part of Para 11 (page 24-27) ECL the existing arrangement Para 11 (page 23-25) ECOM 6.2 Moving of holding Essar Group in Indian Telecom Para 12 (page 27-33) ECL Business from Onshore to offshore Para 12 (page 26-31) ECOM 6.3 Acquisition

MDLR ESTATES PVT. LTD.,NEW DELHI vs. DCIT, CENTRAL CIRCLE-14, NEW DELHI

In the result, both the appeals filed by the respective assessees are partly allowed for statistical purpose

Bench: Sh. R. K. Panda & Sh. Kuldip Singhassessment Year: 2008-09

capital gain :- 1. CIT Vs. Mahalaxmi Sugar Mills Co. Ltd. 160 ITR 920 (SC) 2. CIT Vs. Bharat General Reinsurance Ltd. Co. 81 ITR 303 (Del) 3. Vijay Gupta Vs. CIT 386 ITR 643 (Del) 4. DIT (E) Vs. Ahay G. Piramal Foundation 52 taxmann.com 226 (Del) 5. CIT Vidarbha and Marathwada Vs. Smt. Archana R. Dhanwatay

MDLR BUILDERS P.LTD,NEW DELHI vs. DCIT, CENTRAL CIRCLE-14, NEW DELHI

In the result, both the appeals filed by the respective assessees are partly allowed for statistical purpose

Bench: Sh. R. K. Panda & Sh. Kuldip Singhassessment Year: 2008-09

capital gain :- 1. CIT Vs. Mahalaxmi Sugar Mills Co. Ltd. 160 ITR 920 (SC) 2. CIT Vs. Bharat General Reinsurance Ltd. Co. 81 ITR 303 (Del) 3. Vijay Gupta Vs. CIT 386 ITR 643 (Del) 4. DIT (E) Vs. Ahay G. Piramal Foundation 52 taxmann.com 226 (Del) 5. CIT Vidarbha and Marathwada Vs. Smt. Archana R. Dhanwatay

INCOME TAX OFFICER, WARD-11(1), DELHI vs. HKT CORPORATION PVT LTD, DELHI

Appeal is dismissed

Bench: SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER\nAND\nSHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER\n\nITA No.1036/Del/2024\nAssessment Year: 2020-21\n\nIncome Tax Officer,\nWard-11(1),\nDelhi\nVs.\nM/s. HKT Corporation Pvt.\nLtd.,\n7, South Patel Nagar,\nNew Delhi\nPAN: AACCH0308M\n\n(Appellant)\n\n(Respondent)\n\nAssessee by\nSh. Tarandeep Singh, Adv.\n\nDepartment by\nSh. Rajesh Kumar Dhanesta, Sr. DR\n\nDate of hearing\n23.06.2025\n\nDate of pronouncement\n09.07.2025\n\nORDER\n\nPER SATBEER SINGH

Capital Gains on sale of property at Rs.3.9 crores\non 12.03.2020. The invoices and bank details of payments\nand TDS deducted and paid furnished by the appellant has\nnot been examined.\n\nThis ground relates to disallowance of transfer expenses of Rs.\n2340000/- in respect of STCLoss related to property at DLF, Gurgaon.\nAO has mentioned in this connection

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

capital gains taxation by the AO\n6.1 Broad view of Essar Group Company forming part of\nthe existing arrangement\nPara 11 (page 24-27) ECL\nPara 11 (page 23-25) ECOM\n6.2 Moving of holding Essar Group in Indian Telecom\nBusiness from Onshore to offshore\nPara 12 (page 27-33) ECL\nPara 12 (page 26-31) ECOM\n6.3 Acquisition

ACIT, NEW DELHI vs. M/S DATAVISION SYSTEMS (P) LTD., NEW DELHI

In the result ground No. 1 of the appeal of the Revenue is dismissed

Bench: Shri I.C.Sudhir & Shri Prashant Maharishi & Acit, Vs. Datavision Systems P Ltd, Circle-10(1), 203, Pragati House, New Delhi 47-48, Nehru Place, New Delhi Pan:Aaacd3381N (Appellant) (Respondent)

section 143 (3) has accepted the income from capital gains and has not made any adjustment on this account. In view of this it is submitted that income shown by the assessee on sale of shares is as investor and not as a Trader and therefore required to be charged under the head capital gains only and not business income

DCIT, NEW DELHI vs. SH. MAHESH KUMAR, NEW DELHI

In the result, the appeal of the department is dismissed

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 173/Del/2012 : Asstt. Year : 2008-09 Dcit, Vs Sh. Mahesh Kumar, Circle-21(1), C-13/170, Sector-3, Rohini, New Delhi Delhi-110085 (Appellant) (Respondent) Pan No. Aalpk4117B Assessee By : Sh. Ved Jain, Adv. Revenue By : Sh. P. Dum Kanunjna, Cit Dr Date Of Hearing : 16.09.2016 Date Of Pronouncement : 13.12.2016 Order Per N. K. Saini, Am: This Is An Appeal By The Department Against The Order Dated 17.10.2011 Of Ld. Cit(A)-Xxii, New Delhi.

sections, it is quite evident that the Act does not prescribe any provision, which specifies that the period of holding should be decisive factor for determining whether the asset in a capital asset or stock in trade. It is also pertinent to note that the Act only prescribed that if shares are held in a company for not more than

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

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

GYANENDRA BANSAL vs. UOI & ORS.

The appeals are allowed but in the circumstances with order as to costs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

capital gains. Therefore, the AO justified in bringing the amount to tax under Section 10 (3) of the Act. Present appeals 12. While admitting the present appeals on 14th February 2005, the Court framed the following question of law for consideration in ITA 136 of 2003: “Whether in the facts of the case the amount received covered under Section

GIRISH BANSAL vs. UOI & ORS.

The appeals are allowed but in the circumstances with order as to costs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

capital gains. Therefore, the AO justified in bringing the amount to tax under Section 10 (3) of the Act. Present appeals 12. While admitting the present appeals on 14th February 2005, the Court framed the following question of law for consideration in ITA 136 of 2003: “Whether in the facts of the case the amount received covered under Section

ANALJIT SINGH,DELHI vs. DCIT, CIRCLE- 16(2), DELHI

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

Bench: Shri Amit Shukla & Shri O.P.Kant

Capital Company Ltd. (‘ KMCC’) to carry out an equity valuation of SBP as of February 28, 2014 (“Valuation Date”) and provide the price per share of SBP, in relation to the proposed acquisition of shares of SBP that CGP does not already own from the Sellers. SBP, through a series of companies in the HoldCo Chain, is an indirect shareholder

BRIJ BHUSHAN SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

Bench: Sh. N. K. Saini, Hon’Ble & Sh. K. N. Charyita No. 1412/Del/2018 : Asstt. Year : 2010-11 Ita No. 1413/Del/2018 : Asstt. Year : 2011-12 Ita No. 1414/Del/2018 : Asstt. Year : 2012-13 Sh. Brij Bhushan Singal, Vs Acit, W-29, Greater Kailash, Part-Ii, Central Circle-3, New Delhi-110048 New Delhi (Appellant) (Respondent) Pan No. Aefps6298M

capital gains arising on the sales of the various companies are bogus is denied, both factually and legally. As already stated above the transactions, being fully compliant with the provisions of the Income-tax Act as the other applicable regulatory ITA Nos. 1476 to 1478/Del/2018 ITA Nos. 1482, 1485 to 1487/Del/2018 provisions, no cause arises to treat the same

BRIJ BHUSHAN SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

Bench: Sh. N. K. Saini, Hon’Ble & Sh. K. N. Charyita No. 1412/Del/2018 : Asstt. Year : 2010-11 Ita No. 1413/Del/2018 : Asstt. Year : 2011-12 Ita No. 1414/Del/2018 : Asstt. Year : 2012-13 Sh. Brij Bhushan Singal, Vs Acit, W-29, Greater Kailash, Part-Ii, Central Circle-3, New Delhi-110048 New Delhi (Appellant) (Respondent) Pan No. Aefps6298M

capital gains arising on the sales of the various companies are bogus is denied, both factually and legally. As already stated above the transactions, being fully compliant with the provisions of the Income-tax Act as the other applicable regulatory ITA Nos. 1476 to 1478/Del/2018 ITA Nos. 1482, 1485 to 1487/Del/2018 provisions, no cause arises to treat the same

UMA SINGAL,NEW DELHI vs. ACIT, CENTRL CIRCLE-3, NEW DELHI

Bench: Sh. N. K. Saini, Hon’Ble & Sh. K. N. Charyita No. 1412/Del/2018 : Asstt. Year : 2010-11 Ita No. 1413/Del/2018 : Asstt. Year : 2011-12 Ita No. 1414/Del/2018 : Asstt. Year : 2012-13 Sh. Brij Bhushan Singal, Vs Acit, W-29, Greater Kailash, Part-Ii, Central Circle-3, New Delhi-110048 New Delhi (Appellant) (Respondent) Pan No. Aefps6298M

capital gains arising on the sales of the various companies are bogus is denied, both factually and legally. As already stated above the transactions, being fully compliant with the provisions of the Income-tax Act as the other applicable regulatory ITA Nos. 1476 to 1478/Del/2018 ITA Nos. 1482, 1485 to 1487/Del/2018 provisions, no cause arises to treat the same

BRIJ BHUSHAN SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

Bench: Sh. N. K. Saini, Hon’Ble & Sh. K. N. Charyita No. 1412/Del/2018 : Asstt. Year : 2010-11 Ita No. 1413/Del/2018 : Asstt. Year : 2011-12 Ita No. 1414/Del/2018 : Asstt. Year : 2012-13 Sh. Brij Bhushan Singal, Vs Acit, W-29, Greater Kailash, Part-Ii, Central Circle-3, New Delhi-110048 New Delhi (Appellant) (Respondent) Pan No. Aefps6298M

capital gains arising on the sales of the various companies are bogus is denied, both factually and legally. As already stated above the transactions, being fully compliant with the provisions of the Income-tax Act as the other applicable regulatory ITA Nos. 1476 to 1478/Del/2018 ITA Nos. 1482, 1485 to 1487/Del/2018 provisions, no cause arises to treat the same

RITU SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

Bench: Sh. N. K. Saini, Hon’Ble & Sh. K. N. Charyita No. 1412/Del/2018 : Asstt. Year : 2010-11 Ita No. 1413/Del/2018 : Asstt. Year : 2011-12 Ita No. 1414/Del/2018 : Asstt. Year : 2012-13 Sh. Brij Bhushan Singal, Vs Acit, W-29, Greater Kailash, Part-Ii, Central Circle-3, New Delhi-110048 New Delhi (Appellant) (Respondent) Pan No. Aefps6298M

capital gains arising on the sales of the various companies are bogus is denied, both factually and legally. As already stated above the transactions, being fully compliant with the provisions of the Income-tax Act as the other applicable regulatory ITA Nos. 1476 to 1478/Del/2018 ITA Nos. 1482, 1485 to 1487/Del/2018 provisions, no cause arises to treat the same