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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 143 (1) of the Act at the returned income. 6. Subsequently, notice u/s 148 of The Income Tax Act [the Act] was issued on 25/7/2011. Reasons recorded shows that reopening is on perusal of return of income based on information received per letter dated 6/6/2011 from The Deputy Director of Income Tax (Investigation) Unit –II, New Delhi [DDIT] holding

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

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 gain 98.34% 0.70% 0.16% 0.17% 0.18% 0.15% *inclusive of shares of Dabur India Ltd., Punjab Tractors Ltd. and ABN Amro Securities Pvt. Ltd. Total Capital Gain Rs. Long Term Capital Gain claimed exempt u/s.10

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

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 gain 98.34% 0.70% 0.16% 0.17% 0.18% 0.15% *inclusive of shares of Dabur India Ltd., Punjab Tractors Ltd. and ABN Amro Securities Pvt. Ltd. Total Capital Gain Rs. Long Term Capital Gain claimed exempt u/s.10

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

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 gain 98.34% 0.70% 0.16% 0.17% 0.18% 0.15% *inclusive of shares of Dabur India Ltd., Punjab Tractors Ltd. and ABN Amro Securities Pvt. Ltd. Total Capital Gain Rs. Long Term Capital Gain claimed exempt u/s.10

SAT SAHIB SECURITIES PVT. LTD.,DELHI vs. DCIT, CIRCLE-7(1), NEW DELHI

In the result the appeal of the assessee is allowed

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2006-07 M/S. Sat Sahib Securities Pvt. Vs Dcit Ltd. Pvt. Ltd., B-129, Anand Circle – 7 (1) Vihar, New Delhi-110092 New Delhi Pan No.Aabcs2456G (Appellant) (Respondent)

57-66 Gain Gain income Gain 2007-08 Capital Capital 143(3) No Capital 54-56 Gain Gain Gain appeal 2008-09 Capital Business 143(3) Capital Capital 67-75 Gain Gain income Gain 2010-11 Capital Business 143(3) Capital Capital 76-89 Gain Gain income Gain 9. He has further submitted that AO has totally ignored the principle

MR. SUNIL GOYAL,NOIDA vs. ITO, NEW DELHI

Appeal is disposed of in accordance with the aforesaid directions

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

section 28(va) of the Act, the case of the Ld. counsels is that the action of the AO in so far as he wanted to split the consideration in two parts, i.e. capital gains and business income was not in accordance with the law. The Ld. counsels further submit that the conditions/restrictions placed on the management vendors were only

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)

capital gains taxation by the AO 6.1 Broad view of Essar Group Company forming part of Para 11 (page 24-27) ECL the existing arrangement Para 11 (page 23-25) ECOM 6.2 Moving of holding Essar Group in Indian Telecom Para 12 (page 27-33) ECL Business from Onshore to offshore Para 12 (page 26-31) ECOM 6.3 Acquisition

SUMITOMO CORPORATION,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri R. K. Panda & Ms Suchitra Kamble(Through Video Conferencing) Sumitomo Corporation Vs Dcit (International Taxation) G-195, Circle-3(1)(2) Sarita Vihar New Delhi New Delhi Aabcs6011P (Appellant) (Respondent)

57,134x 3.09/100x35/100) Total Business Income Rs. 2,36,88,712/- from Projects & Supplies Total Income at Normal Rs. 2,35,61,212 Rates @ 42.024% including surcharge and edu cess. B Supervision Fees Supervision Fees as per Rs. 68,63,32,947 return (to be taxed @ 10% under DTAA) Long Term Capital Gain

PURAN ASSOCIATES PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is partly allowed

Bench: Shri Bhavnesh Saini & Shri O.P. Kant, Accountantmember

57,841 21,45,605 22,70,962 19,21,580 loss Percentage 98.34% 0.70% 0.16% 017% 0.18% 0.15% of Capital gain to 11 ITA No. 3785/Del./2017 Total capital gain *inclusive of shares of Dabur India Ltd., Punjab Tractors Ltd. and ABN Amro Securities Pvt. Ltd. Total Capital Rs. Long Term Capital Gain claimed exempt

ACIT, NEW DELHI vs. M/S. PURAN ASSOCIATES (P) LTD., NEW DELHI

In the result appeal of the revenue is dismissed

Bench: Shri Amit Shukla & Prashant Maharishi

57,841 21,45,605 22,70,962 19,21,580 Percentage of Capital gain to Total capital gain 98.34% 0.70% 0.16% 0.17% 0.18% 0.15% *inclusive of shares of Dabur India Ltd., Punjab Tractors Ltd. and ABN Amro Securities Pvt. Ltd. Total Capital Gain Rs. Long Term Capital Gain claimed exempt u/s.10(38) 1,06,78,21,147 Long Term

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

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 Capital Gain claimed exempt

PURAN ASSOCIATES PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE-20(1), NEW DELHI

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

Bench: Shri Kul Bharat & Shri O.P. Kant[Through Video Conferencing] Assessment Year: 2014-15

57,841 21,45,605 22,70,962 19,21,580 loss Percentage 98.34% 0.70% 0.16% 017% 0.18% 0.15% 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 Capital Gain claimed exempt u/s. 10(38) 1,06,78,21,147 Long

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

gain was charged with reference to the salami. Here again, no dispute was raised that the land itself constituted a capital asset. 49. In CIT v. Narang Diary (supra), the issue concerned the interpretation of the words "otherwise transferred" in Section 33 of the Act. The context was the provision of rebate in respect of a new machinery and plant

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

gain was charged with reference to the salami. Here again, no dispute was raised that the land itself constituted a capital asset. 49. In CIT v. Narang Diary (supra), the issue concerned the interpretation of the words "otherwise transferred" in Section 33 of the Act. The context was the provision of rebate in respect of a new machinery and plant