SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain. He extensively referred to the order of the learned CIT – A and ld AO to support his claim. He further referred to the provisions of section 55 (2) (a) of the income tax act and the provisions of section 45 (2A) of the act to support the order of the learned AO and CIT – A. He also referred

DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain. He extensively referred to the order of the learned CIT – A and ld AO to support his claim. He further referred to the provisions of section 55 (2) (a) of the income tax act and the provisions of section 45 (2A) of the act to support the order of the learned AO and CIT – A. He also referred

DCIT, NEW DELHI vs. DR. PRANNOY ROY, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain. He extensively referred to the order of the learned CIT – A and ld AO to support his claim. He further referred to the provisions of section 55 (2) (a) of the income tax act and the provisions of section 45 (2A) of the act to support the order of the learned AO and CIT – A. He also referred

DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain. He extensively referred to the order of the learned CIT – A and ld AO to support his claim. He further referred to the provisions of section 55 (2) (a) of the income tax act and the provisions of section 45 (2A) of the act to support the order of the learned AO and CIT – A. He also referred

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain. He extensively referred to the order of the learned CIT – A and ld AO to support his claim. He further referred to the provisions of section 55 (2) (a) of the income tax act and the provisions of section 45 (2A) of the act to support the order of the learned AO and CIT – A. He also referred

DCIT, NEW DELHI vs. MRS. RADHIKA ROY, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

capital gain. He extensively referred to the order of the learned CIT – A and ld AO to support his claim. He further referred to the provisions of section 55 (2) (a) of the income tax act and the provisions of section 45 (2A) of the act to support the order of the learned AO and CIT – A. He also referred

ACIT, NEW DELHI vs. M/S. PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

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

23 I.T.A. No.3078/Del/2011, 820/Del/2013 & 5054/Del/2015 keeping in view the aforesaid Circulars issued by the CBDT. 4. It is, however, clarified that the above shall not apply in respect of such transactions in shares/securities where the genuineness of the transaction itself is questionable, such as bogus claims of Long Term Capital Gain / Short Term Capital Loss or any other sham transactions

DCIT, NEW DELHI vs. M/S. PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

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

23 I.T.A. No.3078/Del/2011, 820/Del/2013 & 5054/Del/2015 keeping in view the aforesaid Circulars issued by the CBDT. 4. It is, however, clarified that the above shall not apply in respect of such transactions in shares/securities where the genuineness of the transaction itself is questionable, such as bogus claims of Long Term Capital Gain / Short Term Capital Loss or any other sham transactions

ACIT, NEW DELHI vs. M/S PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

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

23 I.T.A. No.3078/Del/2011, 820/Del/2013 & 5054/Del/2015 keeping in view the aforesaid Circulars issued by the CBDT. 4. It is, however, clarified that the above shall not apply in respect of such transactions in shares/securities where the genuineness of the transaction itself is questionable, such as bogus claims of Long Term Capital Gain / Short Term Capital Loss or any other sham transactions

COMMISSIONER OF INCOME TAX vs. ECE INDUSTRIES LTD.

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SURESH KUMAR KAIT

capital gains and that the assessee was not entitled to indexing under Section 48 of the Act. Dismissing the appeal, the High Court held that the sale proceeds received by the assessee were from sale of a going concern, which was a slump sale and not a sale of block of assets. Therefore, Section 50 was not applicable. 23

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)

23 months). The assessee had offered the gains arising from sale of such shares as 'long term capital gain' which has been re-characterized/re-classified as short term capital gains by the Revenue authorities. At this stage, it would be quite relevant to refer to the relevant provisions under the Act. First of all, Sub-section

Commissioner of Income Tax vs. ECE Industries Limited

capital gains and that the assessee was not entitled to indexing under Section 48 of the Act. Dismissing the appeal, the High Court held that the sale proceeds received by the assessee were from sale of a going concern, which was a slump sale and not a sale of block of assets. Therefore, Section 50 was not applicable. 23

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

capital gains tax is not payable as per Section 50 of the Income Tax Act, 1961?‖ 2. As we have heard learned counsel for the parties on the aforesaid question, we proceed to dictate our decision. 3. These appeals under Section 260A of the Income Tax Act, ITA Nos. 601/2011 & 602/2011 Page 2 of 23

ITA Nos. 601/2011 & 602/2011 vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD.

The appeals are disposed of

capital gains tax is not payable as per Section 50 of the Income Tax Act, 1961?‖ 2. As we have heard learned counsel for the parties on the aforesaid question, we proceed to dictate our decision. 3. These appeals under Section 260A of the Income Tax Act, 2012:DHC:2611-DB ITA Nos. 601/2011 & 602/2011 Page 2 of 23

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

capital gains tax is not payable as per Section 50 of the Income Tax Act, 1961?‖ 2. As we have heard learned counsel for the parties on the aforesaid question, we proceed to dictate our decision. 3. These appeals under Section 260A of the Income Tax Act, 2012:DHC:2611-DB ITA Nos. 601/2011 & 602/2011 Page 2 of 23

CIT vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

capital gains tax is not payable as per Section 50 of the Income Tax Act, 1961?‖ 2. As we have heard learned counsel for the parties on the aforesaid question, we proceed to dictate our decision. 3. These appeals under Section 260A of the Income Tax Act, 2012:DHC:2611-DB ITA Nos. 601/2011 & 602/2011 Page 2 of 23

CHANDER KALAN,DELHI vs. NEAC, DELHI

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

capitals gains under Section 45 (5) (b) of the Act and by virtue of Section 10 (37) of the Act is not chargeable to tax. Reliance in this regard is placed on the decision of the Hon’ble Supreme Court of India in CIT vs. Ghanshyam (HUF), [2009] 182 Taxman 368 (SC) wherein the Court made the following observations

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

section 9(1)(i) of the Act, capital gain arising through or from the transfer of a capital asset situated in India would be deemed to accrue or arise in India in all cases irrespective of whether the capital asset is movable or immovable, tangible or intangible; the place of registration of the document of transfer etc. is in India