TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

Section 254(2) of the Act before the ITAT praying for some directions to the AO while computing capital gains as directed in the judgement of the ITAT. In the application, 2015:DHC:8039-DB ITA Nos. 38 of 2002 & 132 of 2002 Page 12 of 32 the Assessee contended that the value of the business was determined

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

Section 254(2) of the Act before the ITAT praying for some directions to the AO while computing capital gains as directed in the judgement of the ITAT. In the application, 2015:DHC:8039-DB ITA Nos. 38 of 2002 & 132 of 2002 Page 12 of 32 the Assessee contended that the value of the business was determined

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

70 and section 71 provides for set off of loss in respect of capital gain. 8. From the conjoint reading and plain understanding of all these sections it can be seen that, firstly, shares in the company are treated as capital asset and no ITA No. 1212 & 1213/Del/2017 Mr. Tarun Sawhney exception has been carved out in section 2

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

70 and section 71 provides for set off of loss in respect of capital gain. 8. From the conjoint reading and plain understanding of all these sections it can be seen that, firstly, shares in the company are treated as capital asset and no ITA No. 1212 & 1213/Del/2017 Mr. Tarun Sawhney exception has been carved out in section 2

INCOME TAX vs. LIMITED

The appeal is dismissed

Section 50(2) are attracted in the present case so as to tax short-term capital gain on transfer of block of assets?” 2008:DHC:2682-DB ITA No. 895 of 2007 Page 3 of 21 3. In order to deal with the issues raised in the appeal, it would be necessary for us to record certain undisputed facts

ASSISTANT COMMISSIONER OF INCOME TAX, DELHI vs. VIREET INVESTMENTS PRIVATE LIMITED, DELHI

In the result, the appeal filed by the revenue is partly allowed

Bench: Shri S.Rifaur Rahman & Shri Sudhir Kumaracit, Circle 17 (1) Vs. Vireet Investments Pvt. Ltd., Delhi. 21D, Friends Colony West, New Delhi – 110 065. (Pan : Aaacv2033M) (Appellant) (Respondent) Assessee By : Shri Manish Jain, Ca Revenue By : Ms. Sapna Bhatia, Cit Dr Date Of Hearing : 04.09.2024 Date Of Order : 06.11.2024 Order Per S.Rifaur Rahman,Am: 1. The Appeal Has Been Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Delhi/National Faceless Appeal Centre (Nfac) [“Ld. Cit(A)”, For Short] Dated 28.12.2023 For The Assessment Year 2004-05. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income For Assessment Year 2004-05 On 31.10.2004 Declaring Income Of Rs.34,80,69,911/-. The Same Was Processed Under Section 143 (1) Of The 2 Income-Tax Act, 1961 (For Short ‘The Act’) On 28.12.2004. The Case Was Selected For Scrutiny & Notices U/S 143(2) & 142(1) Of The Act Were Issued & Served On The Assessee. In Response, Ld. Ar For The Assessee Attended From Time To Time & Submitted Relevant Information As Called For. 3. The Assessee Was Incorporated On 03.10.1983 With The Main Objects, As Per Memorandum Of Association, To Acquire & Hold Shares, Stocks, Debentures, Debenture Stocks, Bonds, Obligations & Securities Issued Or Guaranteed By Any Company Constituted Or Carried On Business In The Republic Of India. After Considering The Submissions Of The Assessee, The Assessing Officer Proceeded To Make The Following Additions In The Assessment Completed U/S 143 (3) Of The Act :-

section 48 of the Act. Therefore we are inclined to decide the issue of claim of administration expenses in favour of the revenue. Ultimately, the assessee may get the benefit of claim of these 12 expenses as business expenditure under the head business income. As such there is no impact for the same in this AY. 14. With regard

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

Capital Gains on sale of property at Rs.3.9 crores\non 12.03.2020. The invoices and bank details of payments\nand TDS deducted and paid furnished by the appellant has\nnot been examined.\n\nThis ground relates to disallowance of transfer expenses of Rs.\n2340000/- in respect of STCLoss related to property at DLF, Gurgaon.\nAO has mentioned in this connection

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)

2. erred in treating the Appellant as tax resident of India under the provisions of section 6(3) of the Act: 3. erred in disregarding the settled law with respect to tax residency of a foreign company under the provisions of section 6(3) of the Act as established through various judicial precedents on this aspect as well as provisions

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

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

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

Appeal of the revenue is dismissed

2), where the capital gain\narises from the transfer of a capital asset being land which, in the two years\nimmediately preceding the date on which the transfer took place, was being\nused by the assessee being an individual or his parent, or a Hindu undivided\nfamily for agricultural purposes (hereinafter referred to as the original asset),\nand the assessee

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

70,181 2. Dividend received Rs. 49,90,860 3. Profit on sale of shares Rs. 1,49,285 The aforesaid dividend of Rs. 49,90,860/- was received on the shares of Max India Ltd, held by the assessee as "trading assets". By an order dated 27/08/2004, the assessing officer, invoking section 14A of the said act, apportioned

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

70,181 2. Dividend received Rs. 49,90,860 3. Profit on sale of shares Rs. 1,49,285 The aforesaid dividend of Rs. 49,90,860/- was received on the shares of Max India Ltd, held by the assessee as "trading assets". By an order dated 27/08/2004, the assessing officer, invoking section 14A of the said act, apportioned

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

70,181 2. Dividend received Rs. 49,90,860 3. Profit on sale of shares Rs. 1,49,285 The aforesaid dividend of Rs. 49,90,860/- was received on the shares of Max India Ltd, held by the assessee as "trading assets". By an order dated 27/08/2004, the assessing officer, invoking section 14A of the said act, apportioned

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

70,181 2. Dividend received Rs. 49,90,860 3. Profit on sale of shares Rs. 1,49,285 The aforesaid dividend of Rs. 49,90,860/- was received on the shares of Max India Ltd, held by the assessee as "trading assets". By an order dated 27/08/2004, the assessing officer, invoking section 14A of the said act, apportioned

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

70,181 2. Dividend received Rs. 49,90,860 3. Profit on sale of shares Rs. 1,49,285 The aforesaid dividend of Rs. 49,90,860/- was received on the shares of Max India Ltd, held by the assessee as "trading assets". By an order dated 27/08/2004, the assessing officer, invoking section 14A of the said act, apportioned

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

70,181 2. Dividend received Rs. 49,90,860 3. Profit on sale of shares Rs. 1,49,285 The aforesaid dividend of Rs. 49,90,860/- was received on the shares of Max India Ltd, held by the assessee as "trading assets". By an order dated 27/08/2004, the assessing officer, invoking section 14A of the said act, apportioned

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

70,181 2. Dividend received Rs. 49,90,860 3. Profit on sale of shares Rs. 1,49,285 The aforesaid dividend of Rs. 49,90,860/- was received on the shares of Max India Ltd, held by the assessee as "trading assets". By an order dated 27/08/2004, the assessing officer, invoking section 14A of the said act, apportioned

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

70,181 2. Dividend received Rs. 49,90,860 3. Profit on sale of shares Rs. 1,49,285 The aforesaid dividend of Rs. 49,90,860/- was received on the shares of Max India Ltd, held by the assessee as "trading assets". By an order dated 27/08/2004, the assessing officer, invoking section 14A of the said act, apportioned