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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 147 of the income tax act was passed on 30/3/2013. 15. Assessee, aggrieved with the order of the learned AO, preferred an appeal before the learned CIT (A) – 42, New Delhi, raising several issues. Assessee challenged the action of the learned assessing officer u/s 148 of the income tax act. The learned CIT – A held that the learned assessing

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 147 of the income tax act was passed on 30/3/2013. 15. Assessee, aggrieved with the order of the learned AO, preferred an appeal before the learned CIT (A) – 42, New Delhi, raising several issues. Assessee challenged the action of the learned assessing officer u/s 148 of the income tax act. The learned CIT – A held that the learned assessing

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 147 of the income tax act was passed on 30/3/2013. 15. Assessee, aggrieved with the order of the learned AO, preferred an appeal before the learned CIT (A) – 42, New Delhi, raising several issues. Assessee challenged the action of the learned assessing officer u/s 148 of the income tax act. The learned CIT – A held that the learned assessing

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 147 of the income tax act was passed on 30/3/2013. 15. Assessee, aggrieved with the order of the learned AO, preferred an appeal before the learned CIT (A) – 42, New Delhi, raising several issues. Assessee challenged the action of the learned assessing officer u/s 148 of the income tax act. The learned CIT – A held that the learned assessing

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 147 of the income tax act was passed on 30/3/2013. 15. Assessee, aggrieved with the order of the learned AO, preferred an appeal before the learned CIT (A) – 42, New Delhi, raising several issues. Assessee challenged the action of the learned assessing officer u/s 148 of the income tax act. The learned CIT – A held that the learned assessing

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

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

section 147 of the income tax act was passed on 30/3/2013. 15. Assessee, aggrieved with the order of the learned AO, preferred an appeal before the learned CIT (A) – 42, New Delhi, raising several issues. Assessee challenged the action of the learned assessing officer u/s 148 of the income tax act. The learned CIT – A held that the 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

capital gain or business income’ is in dispute and if certain facts are being pointed out from the material already on record, then the same can always be examined to see, whether it was acquired for the purpose of investment or for the purpose of trading. Thus, objection raised by the ld. CIT-DR is rejected. 21. The next issue

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

capital gain or business income’ is in dispute and if certain facts are being pointed out from the material already on record, then the same can always be examined to see, whether it was acquired for the purpose of investment or for the purpose of trading. Thus, objection raised by the ld. CIT-DR is rejected. 21. The next issue

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

capital gain or business income’ is in dispute and if certain facts are being pointed out from the material already on record, then the same can always be examined to see, whether it was acquired for the purpose of investment or for the purpose of trading. Thus, objection raised by the ld. CIT-DR is rejected. 21. The next issue

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)

capital asset if it is held for not more than thirty-six months. However, in the case of share of an unlisted company or a unit of a Mutual Fund specified under clause (23D) of section 10 of the Income-tax Act, which is transferred during the period beginning on 1st April, 2014 and ending on 10th July

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

capital gains as an independent source is not exempt from tax automatically. The carry forward of LTCL is governed by the provisions of section 74

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

capital gains as an independent source is not exempt from tax automatically. The carry forward of LTCL is governed by the provisions of section 74

INCOME TAX OFFICER, WARD-11(1), DELHI vs. HKT CORPORATION PVT LTD, DELHI

The appeal are dismissed

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahman

section 28(Via) from A.Y. 2019-20. Prior to it was not taxable. Action of learned AO is bad in law and illegal. 4. That the learned AO has also erred in law and on facts in disallowing short term capital loss of Rs.1,45,74,040/- which was set off against long term Capital Gain

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. 2.2 For the sake of convenience, the findings recorded by the Ld.AO in this regard are being extracted as below – 3. Long term capital gains from sale of shares of M/s Momentum India Pvt Ltd:- During the relevant previous year, the assessee has sold 24800 shares of M/s Momentum India Pvt Ltd (MIPL). These

M/S. GURU KRIPA AGRO FOODS,HARYANA vs. ITO, KARNAL

In the result, the appeal of the assessee stands partly

Bench: Shri S.V. Mehrotra & Shri Chandra Mohan Garg

capital gain arising on such transaction is chargeable to tax as per provisions of section 45(4) of Income Tax Act in the Assessment Year 2008-2009. Thus enhancement of Rs. 48,74

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)

74,932. 3.3 That the Ld AO/DRP erred in computing capital gain by considering total sales consideration at JPY 1,01,34,40,086 instead of JPY 90,94,58,648 being the sale consideration already agreed vide the sale purchase agreement entered between the assessee and Isuzu Motors Ltd, Japan thus, enhancing the sales consideration

KAPIL KUMAR AGARWAL,GURGAON vs. DCIT, GURGAON

Appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishikapil Kumar Agarwal, Vs. Dcit, C/O. Ipsaa House Anm & Circle-1(1), Associates, J021A, Mayfiled Gurgaoon Gardens, Sector-51, Gurgaon Pan: Aacpa2412L (Appellant) (Respondent)

gains from transfer of any long-term capital not being a residential house could claim benefit under the said Section provided, any one of the following three conditions were satisfied: (i) the assessee had within a period of one year before the sale, purchased a residential house; (ii) within two years after the date of transfer of the original capital

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