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

164-177) ECL\nPara 43 (page 161-173)\nECOM\n9. Non-applicability of paragraph 4 of Article 13 under\nIndia Mauritius Treaty- Application of Section 6(3)\nof the Indian Income Tax Act, Article 4(3) of India\nMauritius Treaty, place of effective management,\ncircular 1 of 2023 clarifying that in the case of\nfindings of facts by the assessing

RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

In the result, the appeal of the Assessee is allowed

section 10 of the Act that where a reference,\nunder the first proviso to sub-section (3) of section 143, has been made on or before\nthe 31st March, 2022 by the Assessing Officer for the contravention of certain\nprovisions of clause (23C) of section 10 of the Act, such references shall be dealt with\nin the manner provided under

DCIT, CIRCLE 52(1), NEW DELHI vs. BHUPINDER SINGH BHALLA, NEW DELHI

Appeal of the revenue is dismissed

capital gain arising from sale of agricultural land on ground\nthat purchaser of land was a builder and thus, sald piece of land was not\nagricultural land, since view taken by Assessing Officer while rejecting\nassessee's claim was not in consonance with requirements made under\nsection 54B, Impugned order passed by him was to be set aside.\"\nHence, once

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

(Now known as Sony India Limited)

capital, transportation, level of the market, i.e. retail or wholesale and so forth. The Rules and the analytical steps. 71. Sub-Sections (1) and (2) to Section 92C are applicable to the assessed, as well as the Assessing Officer invoking power under Sub-Section (3) to Section 92C of the Act. As noted above, sub-section (2) to Section

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

1)(2) New Delhi term capital gain of Rs. 12,30,01,903/-. The assessee filed its return of income for the A.Y. 2016-17 on 30.07.2016 declaring a total income of Rs. 12,53,57,250/- and claimed TDS credit of Rs. 150,20,164/- and Advance tax of Rs. 60,000. The AO passed an assessment order

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

1)(2) New Delhi term capital gain of Rs. 12,30,01,903/-. The assessee filed its return of income for the A.Y. 2016-17 on 30.07.2016 declaring a total income of Rs. 12,53,57,250/- and claimed TDS credit of Rs. 150,20,164/- and Advance tax of Rs. 60,000. The AO passed an assessment order

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

1)(2) New Delhi term capital gain of Rs. 12,30,01,903/-. The assessee filed its return of income for the A.Y. 2016-17 on 30.07.2016 declaring a total income of Rs. 12,53,57,250/- and claimed TDS credit of Rs. 150,20,164/- and Advance tax of Rs. 60,000. The AO passed an assessment order

INCOME TAX vs. LIMITED

The appeal is dismissed

1,76,32,250/- to the assessee‟s total income. 6. Aggrieved by the aforesaid order of the Assessing Officer, the assessee preferred an appeal bearing No. 559/01-02 in respect of assessment year 1998-99 before the Commissioner of Income-tax (Appeals) (hereinafter referred as the CIT). By an order dated 13.02.2002, the CIT allowed the appeal of the assessee

ASHOK KUMAR BANSAL,GURGAON vs. PR, CIT CENTRAL DELHI-1, DELHI

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

Section 112 of the Income Tax Act, 1961, against which appellant filed an appeal P a g e | 13 ITA Nos. 1819 to 1821/Del/2025 Shri Ashok Kumar Bansal (AYs: 2017-18 to 2019-20) before CIT(A) - 24 on 07.07.2023, which is still pending adjudication. Copy of Form 35 and written submission filed before the Learned Commissioner of Income

ASHOK KUMAR BANSAL,GURGAON vs. PR, CIT CENTRAL, DELHI-1, DELHI

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

Section 112 of the Income Tax Act, 1961, against which appellant filed an appeal P a g e | 13 ITA Nos. 1819 to 1821/Del/2025 Shri Ashok Kumar Bansal (AYs: 2017-18 to 2019-20) before CIT(A) - 24 on 07.07.2023, which is still pending adjudication. Copy of Form 35 and written submission filed before the Learned Commissioner of Income

ASHOK KUMAR BANSAL,GURGAON vs. PR, CIT CENTRAL DELHI-1, DELHI

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

Section 112 of the Income Tax Act, 1961, against which appellant filed an appeal P a g e | 13 ITA Nos. 1819 to 1821/Del/2025 Shri Ashok Kumar Bansal (AYs: 2017-18 to 2019-20) before CIT(A) - 24 on 07.07.2023, which is still pending adjudication. Copy of Form 35 and written submission filed before the Learned Commissioner of Income

DIRECTOR OF INCOME TAX vs. INFRASOFT LTD

capital gains in the other country. 2013:DHC:6018 ======================================================================= ITA 1034/2009 Page 71 of 174 48. The Supreme Court further referred to the commentary of Klaus Vogel that Double Taxation Convention establishes an independent mechanism to avoid double taxation through restriction of tax claims in areas where overlapping tax claims are expected, or at least theoretically possible. In other words

ACIT, NEW DELHI vs. M/S U.K. PAINTS (INDIA) PVT. LTD.,, NEW DELHI

In the result, appeal of Revenue for A

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaacit Vs. M/S. U. K. Paints (India) Pvt. Central Circle – 10 Ltd., 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi - 48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Co No. 244/Del/2013 (Arising Out Of Ita No.4115/Del/2013) (For Assessment Year : 2008-09) M/S. U. K. Paints (India) Vs. Acit Pvt. Ltd., 19, Dda Central Circle – 10 Commercial Complex, New Delhi Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Acit Vs. U. K. Paints (India) Pvt. Ltd. Circle – 27(1) 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent)

gains being capital receipt for transfer of bundle of rights with cost indeterminate, same cannot be taxed under the head “other sources” treating it as return on investment where investment was Rs.64,00,000 only as explained by Supreme Court in D. P. Sandhu case 273 ITR Page 1 Since this compensation in substance is akin to liquidated damages

ACIT, CIRCLE- 27(1), NEW DELHI vs. U K PAINTS INDIA PVT. LTD., NEW DELHI

In the result, appeal of Revenue for A

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaacit Vs. M/S. U. K. Paints (India) Pvt. Central Circle – 10 Ltd., 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi - 48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Co No. 244/Del/2013 (Arising Out Of Ita No.4115/Del/2013) (For Assessment Year : 2008-09) M/S. U. K. Paints (India) Vs. Acit Pvt. Ltd., 19, Dda Central Circle – 10 Commercial Complex, New Delhi Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent) & Acit Vs. U. K. Paints (India) Pvt. Ltd. Circle – 27(1) 19, Dda Commercial New Delhi Complex, Kailash Colony Extn., Zamrudpur, New Delhi-48 Pan No. Aaacu 0057 C (Appellant) (Respondent)

gains being capital receipt for transfer of bundle of rights with cost indeterminate, same cannot be taxed under the head “other sources” treating it as return on investment where investment was Rs.64,00,000 only as explained by Supreme Court in D. P. Sandhu case 273 ITR Page 1 Since this compensation in substance is akin to liquidated damages

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

164 Cr.P.C. The evidentiary value of a retracted statement becomes diluted and it loses the strength, to stand on its own. Once the statement is retracted, the Assessing Authority has to garner some support, to the statement for passing an order of assessment. In I.T.A.No.112 of 2003, this Court dealt with the very aspect and held that a retracted

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

164 Cr.P.C. The evidentiary value of a retracted statement becomes diluted and it loses the strength, to stand on its own. Once the statement is retracted, the Assessing Authority has to garner some support, to the statement for passing an order of assessment. In I.T.A.No.112 of 2003, this Court dealt with the very aspect and held that a retracted