COMMISSIONER OF INCOME TAX-IV vs. M/S. I. K. INTERNATIONAL PVT. LTD

50(2) of the Act were applicable since the assets sold were part of the block of assets on which depreciation was allowable and, therefore, took the view that the capital gains can only be treated as short term capital gains as provided in the aforesaid Section

INCOME TAX vs. LIMITED

The appeal is dismissed

capital gains on account of transfer of depreciable assets forming part of “block of assets” notwithstanding the provisions of Section 2 (42A) to which sections 48 and 49 of the Act apply subject to the modifications contained in sub-section (1) (i) to (ii) of Section 50

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

capital gain not be charged under Section 45 read with Section 50 of the Act. In respect of the said

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

capital gain not be charged under Section 45 read with Section 50 of the Act. In respect of the said

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)

50% of the rate it is ordinarily taxed in the residence country of the company whose shares are being alienated. 28. Article 13(4) has been substituted and provides that any capital gain arising from alienation of any property other than Article 13(1) (Capital gain on immovable property), 13(2) (Capital gain on movable property of Permanent Establishment

ADDL. CIT, SPECIAL RANGE-7, NEW DELHI vs. PURAN ASSOCIATES PVT. LTD., NEW DELHI

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

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

50,36 86,05,05 20,57,84 21,45,60 22,70,96 19,21,58 loss 9 1 1 5 2 0 Percentag 98.34% 0.70% 0.16% 017% 0.18% 0.15% e of Capital gain to Total capital gain *inclusive of shares of Dabur India Ltd., Punjab Tractors Ltd. and ABN Amro Securities Pvt. Ltd. Total Capital Rs. Long Term

EMERGING INDIA FOCUS FUNDS,MAURITIUS vs. ACIT, CIRCLE INT. TAXATION 1(2)(2), DELHI

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

section 55(2)(ac) of the Act.\n\n5. The DRP decided the issue against the assessee and even differed with\nthe view of AO to tax only 65% of the capital gains but held that whole of the\ncapital gain from Mutual funds disinvestment are taxable and benefit of\ngrandfathering clauses was though given to assessee. The findings

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

Appeal of the revenue is dismissed

capital gains of Rs 19,59,57,813/- after claiming deductions u/s\n54B for Rs 78,54,42,491/- and 54EC for Rs 50,00,000/-\nIn net effect the appellant claimed deduction of Rs 41,71,72,652/- under\nsection 54B after purchasing three properties from Ms. Latika Dutt, Ms.\nCharu Dutt and Sh. Mafresh Aggarwal. The Ld. Assessing

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

Section 45 is that the\nproperty transferred must be a capital asset on the date of\ntransfer and that it is not necessary that it should have been\ncapital asset also on the date of its acquisition by the\nassessee. Thus this decision directly answers the question\nraised and concluded. This has been followed in a subsequent\ndecision reported

DCIT CENTRAL CIRCLE 05 , DELHI vs. DEEPAK KOTHARI , KANPUR

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

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

Gain (STCG) on sale of shares, namely, Hindustan Petroleum Corporation Limited (HPCL) and Gas Authority of India Limited (GAIL). It was observed that loss on sale of the shares was due to issue of bonus shares of these companies. He observed that assessee had sold shares after receiving the bonus shares and claimed the Short Term Capital Loss, claimed

DEEPAK KATHARI,KANPUR vs. ACIT, CC-5, NEW DELHI

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

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

Gain (STCG) on sale of shares, namely, Hindustan Petroleum Corporation Limited (HPCL) and Gas Authority of India Limited (GAIL). It was observed that loss on sale of the shares was due to issue of bonus shares of these companies. He observed that assessee had sold shares after receiving the bonus shares and claimed the Short Term Capital Loss, claimed

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

capital gains by computing the full value of consideration and reducing cost of acquisition. Page 13 of 37 ITA No.1876/Del/2023 AY2016-17 Sangita Kshetry &Oths Vs ACIT Circle – Int. Tax. 2 (1)(2) New Delhi e. Section 50

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

capital gains by computing the full value of consideration and reducing cost of acquisition. Page 13 of 37 ITA No.1876/Del/2023 AY2016-17 Sangita Kshetry &Oths Vs ACIT Circle – Int. Tax. 2 (1)(2) New Delhi e. Section 50

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

capital gains by computing the full value of consideration and reducing cost of acquisition. Page 13 of 37 ITA No.1876/Del/2023 AY2016-17 Sangita Kshetry &Oths Vs ACIT Circle – Int. Tax. 2 (1)(2) New Delhi e. Section 50

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

50% of the rate it is ordinarily\ntaxed in the residence country of the company whose shares are being\nalienated.\n28. Article 13(4) has been substituted and provides that any capital gain\narising from alienation of any property other than Article 13(1) (Capital\ngain on immovable property), 13(2) (Capital gain on movable property of\nPermanent Establishment

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

gain, would not 29 | P a g e AY: 2017-18 fall within the exceptions provided under section 2(42A) of the Act at all. Therefore, to qualify as long term capital asset, the assessee should have held it for a period exceeding 36 months. Factually, the rights and interests acquired by the assessee under the assignment deed were held

AZIZUL GHANI ,NEW DELHI vs. INCOME TAX OFFICER - ITO WARD 63(3) NEW DELHI, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarazizul Ghani Vs. Ito, Ward 63(3) 1407 Pan Mandi E-2, Block, Civic Centre, Sadar Bazar, New Delhi – 110002 Delhi – 110006 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aajpg7737K Appellant .. Respondent

50,652 × (374.86/940.61) × 1024/711 = 44,48,649 Total Indexed Cost of Acquisition = 69,43,452 Resulting Correct Long-Term Capital Gain = 6,47,06,548 (against the assessed figure of 7,01,46,841 or the incorrect revised figure of 5,95,05,940) 5. That the Ld. CIT(A) erred in law and on facts in not appreciating

PHILLIP KOSHY,DELHI vs. DCIT CENTRAL CIRCLE-29, DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Challa Nagendra Prasad & Dr. B.R.R. Kumarआ.अ.सं/.I.T.A No.415/Del/2022 िनधा"रणवष"/Assessment Year: 2012-13 बनाम Phillip Koshy, Dcit, C/O K B Chandna & Co., E-27, Vs. Central Circle-29, Ndse-Ii, Delhi. Delhi. Pan No. Armpk8500C अपीलाथ" Appellant ""यथ"/Respondent

capital gain is not to be charged under Section 45 of the said Act. 24. For the reasons discussed above, the appeal is allowed. The questions framed above are answered in favour of the appellant assessee and against the respondent revenue. The first question is answered in the affirmative and the second question is answered in the negative. No costs