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)

section, as construed, would apply uniformly for all capital assets, i.e., drawing no exception for any particular class or category of the specified assets, as the 'right' shares. No addition u/s. 56(2)(vii)(c) would thus arise in the undisputed facts of the instant case, and the assessee succeeds. Conclusion 4.6 We may finally discuss the issue from

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)

section, as construed, would apply uniformly for all capital assets, i.e., drawing no exception for any particular class or category of the specified assets, as the 'right' shares. No addition u/s. 56(2)(vii)(c) would thus arise in the undisputed facts of the instant case, and the assessee succeeds. Conclusion 4.6 We may finally discuss the issue from

ARUN DWIVEDI,NEW DELHI vs. ACIT, CIRCLE-9(2), NEW DELHI

In the result, the appeal of the assessee is allowed

capital gain was less than the cost of the new property. The addition made by the AO and confirmed by the CIT(A) on this ground was deleted. Regarding the second issue, the Tribunal applied the first and second provisos to Section 56(2)(vii

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

In the result, appeal of the assessee is dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimr. Nikhil Sawhney Acit, 17 – Sunder Nagar, Central Circle, Vs. New Delhi – 110 003. Noida. Pan: Aaups0222Q (Appellant) (Respondent)

capital asset, being an equity share in a company or a unit of an equity oriented fund where— (a) the transaction of sale of such equity share or unit is entered into on or after the date on which Chapter VII of the Finance (No. 2) Act, 2004 comes into force3; and (b) such transaction is chargeable to securities transaction

DCIT, FARIDABAD vs. SMT. MAMTA BHANDARI,, DELHI

In the result, appeal of the Revenue dismissed

Bench: Shri Bhavnesh Saini & Dr. B.R.R. Kumar

section 56 (2) (vii) are made applicable to the allotment of bonus/Right shares, then for the purpose of calculating capital gains

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

56,28,00,000 rate of Rs 450/- per share 2 Less cost of acquisition of 1250000 Rs. 537,500,000 shares at the rate of Rs 430/- per share 3 Short-term capital gain Rs. 253,00,000 4 Short-term capital gain to be allocated RS. 12,700,000 to individual’s i.e. Dr Prannoy

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

56,28,00,000 rate of Rs 450/- per share 2 Less cost of acquisition of 1250000 Rs. 537,500,000 shares at the rate of Rs 430/- per share 3 Short-term capital gain Rs. 253,00,000 4 Short-term capital gain to be allocated RS. 12,700,000 to individual’s i.e. Dr Prannoy

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

56,28,00,000 rate of Rs 450/- per share 2 Less cost of acquisition of 1250000 Rs. 537,500,000 shares at the rate of Rs 430/- per share 3 Short-term capital gain Rs. 253,00,000 4 Short-term capital gain to be allocated RS. 12,700,000 to individual’s i.e. Dr Prannoy

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

56,28,00,000 rate of Rs 450/- per share 2 Less cost of acquisition of 1250000 Rs. 537,500,000 shares at the rate of Rs 430/- per share 3 Short-term capital gain Rs. 253,00,000 4 Short-term capital gain to be allocated RS. 12,700,000 to individual’s i.e. Dr Prannoy

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

56,28,00,000 rate of Rs 450/- per share 2 Less cost of acquisition of 1250000 Rs. 537,500,000 shares at the rate of Rs 430/- per share 3 Short-term capital gain Rs. 253,00,000 4 Short-term capital gain to be allocated RS. 12,700,000 to individual’s i.e. Dr Prannoy

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

56,28,00,000 rate of Rs 450/- per share 2 Less cost of acquisition of 1250000 Rs. 537,500,000 shares at the rate of Rs 430/- per share 3 Short-term capital gain Rs. 253,00,000 4 Short-term capital gain to be allocated RS. 12,700,000 to individual’s i.e. Dr Prannoy

VIJAY AGGARWAL,DELHI vs. ITO, WARD- 48(5), NEW DELHI

In the result, all the appeals of different assessees are partly allowed

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahuassessment Year: 2010-11

capital gains by under statement of the consideration. This was the real object and purpose of the enactment of sub-section 2 and interpretation of this section must fall in line with advancement of that object and purpose. We must, therefore, accept as the underlying assumption of sub-section (2) that there is under statement of consideration in respect

INDIA TODAY ONLINE PVT. LTD.,NEW DELHI vs. ITO, WARD- 12(2), NEW DELHI

In the result both the appeals of the assessee are allowed

Bench: Shri Amit Shukla & Shri L.P. Sahuita Nos. 6453 & 6454/Del/2018 Assessment Years 2013-14 & 2014-15

56(2)(viib) at the rate of Rs. 3.06 per share, in its computation of income, that means, fair market value of its shares was worked out at Rs. 40.23 and the said working was accepted by AO in order of assessment passed under section 143(3) of the Act. e. Further, M/s Mail Today Newspaper Ltd. has also issued

INDIA TODAY ONLINE PVT. LTD.,NEW DELHI vs. ITO, WARD- 12(2), NEW DELHI

In the result both the appeals of the assessee are allowed

Bench: Shri Amit Shukla & Shri L.P. Sahuita Nos. 6453 & 6454/Del/2018 Assessment Years 2013-14 & 2014-15

56(2)(viib) at the rate of Rs. 3.06 per share, in its computation of income, that means, fair market value of its shares was worked out at Rs. 40.23 and the said working was accepted by AO in order of assessment passed under section 143(3) of the Act. e. Further, M/s Mail Today Newspaper Ltd. has also issued

MEENU SATIJA,NEW DELHI vs. PR. CIT (CENTRAL), GURGAON

In the result appeal filed by the assessee stands allowed

Bench: Shri J. S. Reddy & Smt. Beena A. Pillai

section 56 (2) (vii) are made applicable to the allotment of bonus/Right shares, then for the purpose of calculating capital gains

VIJAY SINGH CHAUHAN,NOIDA vs. ITO,WARD-2(5), NOIDA

The appeal of the assessee is hereby dismissed

Bench: Shri Sudhir Pareek & Shri Avdhesh Kumar Mishravijay Singh Chauhan, Income Tax Officer, House No.-193, Gali No.-3, Vs. Ward- 2(5), Noida, Village Chhalera, Sector-44, Uttar Pradesh, Noida, Uttar Pradesh India. India. Pan No: Aeipc4637E Appellant Respondent Assessee By : Sh. Naveen Kumar, Adv. Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing: 01.07.2025 Date Of Pronouncement: 26.09.2025 Order Per Sudhir Pareek, Jm: The Aforetitled Appeal Has Been Preferred Against The Order Of National Faceless Appeal Centre, Delhi [Hereinafter, In Short, ‘Cit(A)’] Dated 17.07.2023 For Ay 2015-16, By Which Appeal Of The Assessee Was Dismissed.

capital gains is exempt u/s 10(37) of the Act. In support of the claim, the appellant relied on the decision of CIT, Faridabad vs Ghanshyam (HUF) 315 ITR(1). The AO did not accept the objections of the appellant as he said that section 56(2)(viii) of the Act read with section 145A(b) is very clear that

JCIT, SPECIAL RANGE-10, NEW DELHI vs. BHANU CHOPRA, NEW DELHI

In the result, appeal filed by the Revenue Department stands dismissed

Bench: Shri R.K. Panda & Shri N. K. Choudhryjt. Commissioner Of Income Vs. Sh. Bhanu Chopra, Tax,Special Range-10, M-140, Greater Kailash-Ii, New Delhi Delhi Pan: Agwpc5625R (Appellant) (Respondent)

56(2)(vii)(c) of the Act. In this context, it is noted that under section 70 of the / the assessee is eligible for set off of the loss arising under the same head of capital gains

THE PR. COMMISSIONER OF INCOME TAX-4 vs. GE MONEY FINANCIAL SERVICES PVT. LTD.

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

Capital Hill Main Road Ranchi Sir, Sub: application for lease of area of 500 acres by m/s. Arcellormitallindian limited mining lease of iron and, manganese ore in West Singhbhum, Meghaburum Karampada RF) Ref: letter no. 737 dated 9.06.2009 of director, mining, Jharkhand In reference to the above letter no. 737 dated 9.06.2009 of the Director Mining Jharkhand it is informed