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)

1) No Capital 51-53 Gain Gain Gain Appeal 20006-07 Capital Business 143(3) Capital Capital 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

DCIT, NEW DELHI vs. M/S. TECHNIP FRANCE SAS, GURGAON

In the result, appeal is dismissed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Saktijit Dey, Judicialmember Assessment Year: 2011-12

v. Secretary. Board of Revenue Trivandrum, AIR 1964 SC 207 it was held that a familiar approach in such cases is to find out which of the two apparently conflicting provisions is more general and which is more specific and to construe the more general one as to exclude the more specific. 12. The second proviso to sub-section

SUPERB MIND HOLDING LTD. ,NEW DELHI vs. ACIT CIRCLE INT TAX 3(1)(2), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.1568/Del/2022 िनधा"रणवष"/Assessment Year: 2018-19

9, which merely confirm it.” 2.18 In view of the above discussion, the conclusions drawn by the AO as detailed in Para 2.5 above are upheld. The objections in Grounds 1 and 4 are dismissed. 3. The objections of the assessee are decided as above. The Assessing Officer is directed to incorporate the findings of the DRP in respect

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)

9. Non-applicability of paragraph 4 of Article 13 under Para 44-47 (page 177-179) India Mauritius Treaty- Application of Section 6(3) ECL of the Indian Income Tax Act, Article 4(3) of India Para 44-47 (page 173-175) Mauritius Treaty, place of effective management, ECOM circular 1 of 2023 clarifying that in the case of findings

ARUN SHUNGLOO TRUST

9 of 15 “indexed cost of acquisition” and “indexed cost of improvement” in the case of capital assets where Section 49 applies. This cannot be the intention behind the enactment of Section 49 and its Explanation to Section 48. There is no reason or ground why the legislative would want to deny or deprive an assessee benefit/advantage of the previous

MILAN SAINI,GURGAON vs. DCIT, CIRCLE- 2 , GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2014-15 Milan Saini, Vs. Dcit, 37, Centrum Plaza, Dlf Golf Circle-2. Course Road, Sector 53, Gurgaon Gurgaon (Haryana) Pan: Braps1366P (Appellant) (Respondent)

gains and was in effect a capital receipt. The relevant extracts of the judgement are reproduced hereunder: "7. We are, therefore, left with the question as to whether the right to claim damages in the instant case is a 'property of any kind and thus, a 'capital asset' under section 2(14)of the Act. The further question

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

v. Somasundaram Chettiar AIR 1928 Mad. 487; and Provident Investment Co. Ltd. In re [1932] 2 Comp. Cas. 312. It is true that section 4(3) of the Indian Income-tax Act, as it stood prior to 1939, said that "this Act (meaning the Indian Income-tax Act, 1922) shall not apply to certain classes of income

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

v. Somasundaram Chettiar AIR 1928 Mad. 487; and Provident Investment Co. Ltd. In re [1932] 2 Comp. Cas. 312. It is true that section 4(3) of the Indian Income-tax Act, as it stood prior to 1939, said that "this Act (meaning the Indian Income-tax Act, 1922) shall not apply to certain classes of income

ARYA SMAJ MODEL TOWN,DELHI vs. PCIT, CENTRAL -3, NEW DELHI

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

gains of\nbusiness which is not incidental to the attainment of its objectives or\nseparate books of account are not maintained by such trust or\ninstitution in respect of the business which is incidental to the\nattainment of its objectives; or\n\n(c) The trust or institution has applied any part of its income from\nthe property held under

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

1) Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that lease for a period of ten years of plant and machinery along with land and building was a capital asset within the meaning of section 2 (14) of the Act? (2) Whether on the facts and circumstances of the case

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

1) Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that lease for a period of ten years of plant and machinery along with land and building was a capital asset within the meaning of section 2 (14) of the Act? (2) Whether on the facts and circumstances of the case

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

V, Gurgaon, Haryana Haryana PAN :ATPPA9880Q (Appellant) (Respondent) Assessee by Sh. Ajay Vohra, Sr. Adv. Sh. Vijay Mehta, CA Ms. Asmita Dsovza, CA Sh. Dinesh Kanabar, CA Department by Sh. Vijay B. Vasanta, CIT(DR) Date of hearing 19.04.2024 Date of pronouncement 18.07.2024 ORDER PER SAKTIJIT DEY, VICE-PRESIDENT Captioned appeal has been filed by the assessee challenging the final

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

V. (supra)\n“79. When a business gets big enough, it does two things. First, it\nreconfigures itself into a corporate group by dividing itself into a\nmultitude of commonly owned subsidiaries. Second, it causes\nvarious entities in the said group to guarantee each other's debts.\nA typical large business corporation consists of sub-incorporates.\nSuch division is legal

KAMLESH KHANNA,NEW DELHI vs. ACIT, CIRCLE-40(1), NEW DELHI

In the result, the appeal of the assessee in ITA No

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla

Section 54 of the Act exempts capital I T A N o . 7 8 4 1 / D E L / 2 0 1 9 S m t K a m l e s h K h a n n a V s A C I T [ A . Y 2 0 1 5 - 1 6 ] gain

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 Income Tax Act, 1961 and only following expenses are eligible to be deducted from the Income Tax Act, 1961 under the head capital gains: 1. Which are incurred wholly and exclusively in connection with the transfer of the Capital assets and 2. The cost of acquisition of the asset and the cost of any improvement thereto

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

9. That the assessing officer /DRP erred on facts and in law in treating gains from sale and purchase of mutual funds as "business income” as against the same being declared under the head capital gains" by the appellant. 9.1 That the assessing officer erred on facts and in law in assessing gain of Rs.51,12,36,410/- on transfer

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, all the three appeals of the assessee are allowed as indicated above and the appeal of Revenue is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumar

9. That the assessing officer /DRP erred on facts and in law in treating gains from sale and purchase of mutual funds as "business income” as against the same being declared under the head capital gains" by the appellant. 9.1 That the assessing officer erred on facts and in law in assessing gain of Rs.51,12,36,410/- on transfer

RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

In the result, the appeal of the Assessee is allowed

section 10 of the Act that where a reference,\nunder the first proviso to sub-section (3) of section 143, has been made on or before\nthe 31st March, 2022 by the Assessing Officer for the contravention of certain\nprovisions of clause (23C) of section 10 of the Act, such references shall be dealt with\nin the manner provided under