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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 48) Less cost of acquisition dated 26/12/2007 53,75,45,944/– 2 for 48,35,850 shares amounting to RS. 207,95,93,242/- therefore cost of acquisition for 1250000 shares is Total short-term capital gain 2,60,00,788 3 Share of the assessee at the rate of 50% 1,30,00,394/- 4 Further, learned assessing

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 48) Less cost of acquisition dated 26/12/2007 53,75,45,944/– 2 for 48,35,850 shares amounting to RS. 207,95,93,242/- therefore cost of acquisition for 1250000 shares is Total short-term capital gain 2,60,00,788 3 Share of the assessee at the rate of 50% 1,30,00,394/- 4 Further, learned assessing

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 48) Less cost of acquisition dated 26/12/2007 53,75,45,944/– 2 for 48,35,850 shares amounting to RS. 207,95,93,242/- therefore cost of acquisition for 1250000 shares is Total short-term capital gain 2,60,00,788 3 Share of the assessee at the rate of 50% 1,30,00,394/- 4 Further, learned assessing

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 48) Less cost of acquisition dated 26/12/2007 53,75,45,944/– 2 for 48,35,850 shares amounting to RS. 207,95,93,242/- therefore cost of acquisition for 1250000 shares is Total short-term capital gain 2,60,00,788 3 Share of the assessee at the rate of 50% 1,30,00,394/- 4 Further, learned assessing

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 48) Less cost of acquisition dated 26/12/2007 53,75,45,944/– 2 for 48,35,850 shares amounting to RS. 207,95,93,242/- therefore cost of acquisition for 1250000 shares is Total short-term capital gain 2,60,00,788 3 Share of the assessee at the rate of 50% 1,30,00,394/- 4 Further, learned assessing

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 48) Less cost of acquisition dated 26/12/2007 53,75,45,944/– 2 for 48,35,850 shares amounting to RS. 207,95,93,242/- therefore cost of acquisition for 1250000 shares is Total short-term capital gain 2,60,00,788 3 Share of the assessee at the rate of 50% 1,30,00,394/- 4 Further, learned assessing

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

33,65,009* 53,003 1,01,571 43,971 78,813 67,802 Shares Percentage to 97.48% 03.8% 0.74% 0.32% 0.57% 0.49% Total quantity Gain or loss 1,19,85,50,369 86,05,051 20,57,841 21,45,605 22,70,962 19,21,580 21 I.T.A. No.3078/Del/2011, 820/Del/2013 & 5054/Del/2015 Percentage of Capital gain to Total capital

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

33,65,009* 53,003 1,01,571 43,971 78,813 67,802 Shares Percentage to 97.48% 03.8% 0.74% 0.32% 0.57% 0.49% Total quantity Gain or loss 1,19,85,50,369 86,05,051 20,57,841 21,45,605 22,70,962 19,21,580 21 I.T.A. No.3078/Del/2011, 820/Del/2013 & 5054/Del/2015 Percentage of Capital gain to Total capital

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

33,65,009* 53,003 1,01,571 43,971 78,813 67,802 Shares Percentage to 97.48% 03.8% 0.74% 0.32% 0.57% 0.49% Total quantity Gain or loss 1,19,85,50,369 86,05,051 20,57,841 21,45,605 22,70,962 19,21,580 21 I.T.A. No.3078/Del/2011, 820/Del/2013 & 5054/Del/2015 Percentage of Capital gain to Total capital

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)

section 2 (42A) of the act, and submitted that in its plain meaning the equity shares of a unlisted company can only become long term assets if held for more than 36 months. c. He further referred to the decision of the honourable Supreme Court in case of CIT vs Asoka Chimanbhai 56 ITR 42 wherein in para number

MR. TARUN SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, both the appeals of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Sudhir Kumar

gain on sale of land in accordance with section 70(3). 10. Coming to the decision of the ITAT Mumbai Bench in the case of Schrader Duncan Ltd. (supra), the issue involved there was, whether the loss on transfer of capital asset being units US 64 Scheme of Unit Trust of India can be allowed and entitled to carry forward

MR. TARUN SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, both the appeals of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Sudhir Kumar

gain on sale of land in accordance with section 70(3). 10. Coming to the decision of the ITAT Mumbai Bench in the case of Schrader Duncan Ltd. (supra), the issue involved there was, whether the loss on transfer of capital asset being units US 64 Scheme of Unit Trust of India can be allowed and entitled to carry forward

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

33 I.T.A.No.1568/Del/2022 Concern has been expressed regarding the clause in the Finance Bill that amends Section 90 of the Income-tax Act that deals with Double Taxation Avoidance Agreements. Sub-section (4) of section 90 was introduced last year by Finance Act, 2012. That subsection requires an assessee to produce a Tax Residency Certificate (TRC) in order to claim

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)

33,79,30,580/- on 31.07.2014. The return was processed under Section 143(1). The case was picked up for scrutiny through CASS. Notice under Section 143(2) was duly served upon the assessee by the assessee on 28.08.2015. After the change of jurisdiction the case was transferred to DCIT, Circle-2, Gurgaon. Notice under Section 142(1) along with

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

33,22,068/- as the written down value of the said plant and equipment was Rs.98,72,820/-. 5. After setting off short term capital loss of Rs.89, 459/-on the sale of furniture and fixtures, the short term capital gains was ITA Nos. 601/2011 & 602/2011 Page 3 of 23 shown as Rs.1,32,32,609/- chargeable under Section

CIT vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

33,22,068/- as the written down value of the said plant and equipment was Rs.98,72,820/-. 5. After setting off short term capital loss of Rs.89, 459/-on the sale of furniture and fixtures, the short term capital gains was 2012:DHC:2611-DB ITA Nos. 601/2011 & 602/2011 Page 3 of 23 shown as Rs.1

COMMISSIONER OF INCOME TAX vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

The appeals are disposed of

33,22,068/- as the written down value of the said plant and equipment was Rs.98,72,820/-. 5. After setting off short term capital loss of Rs.89, 459/-on the sale of furniture and fixtures, the short term capital gains was 2012:DHC:2611-DB ITA Nos. 601/2011 & 602/2011 Page 3 of 23 shown as Rs.1

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

The appeals are disposed of

33,22,068/- as the written down value of the said plant and equipment was Rs.98,72,820/-. 5. After setting off short term capital loss of Rs.89, 459/-on the sale of furniture and fixtures, the short term capital gains was 2012:DHC:2611-DB ITA Nos. 601/2011 & 602/2011 Page 3 of 23 shown as Rs.1