SAIF PARTNERS INDIA IV LIMITED ,DELHI vs. ACIT INT. TAXATION-3(1)(2), DELHI

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

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

long term capital gains of INR 4,00,56,781 and short term capital loss of INR 17,94,89,735! However, the AO has not verified the veracity of such claim by calling for the basis of valuation of shares and verification thereof. It also disposed of shares of Manpasand Beverages Ltd with capital loss

DCIT, CIRCLE-2(2), NEW DELHI vs. ANANT RAJ LTD., NEW DELHI

The appeal is allowed partly as indicated above

Bench: Shri Amit Shukla & Shri Prashant Maharishi

long term capital gain arising on sale of a property being 2 contiguous plots of land and building thereon as short term capital gain u/s 50 of the Act.  In the third ground, the Department has challenged the deletion of disallowance of depreciation

ANANT RAJ LTD.,NEW DELHI vs. DCIT, CIRCLE-2(2), NEW DELHI

The appeal is allowed partly as indicated above

Bench: Shri Amit Shukla & Shri Prashant Maharishi

long term capital gain arising on sale of a property being 2 contiguous plots of land and building thereon as short term capital gain u/s 50 of the Act.  In the third ground, the Department has challenged the deletion of disallowance of depreciation

DCIT, CIRCLE-2(2), NEW DELHI vs. ANANT RAJ LTD., NEW DELHI

The appeal is allowed partly as indicated above

Bench: Shri Amit Shukla & Shri Prashant Maharishi

long term capital gain arising on sale of a property being 2 contiguous plots of land and building thereon as short term capital gain u/s 50 of the Act.  In the third ground, the Department has challenged the deletion of disallowance of depreciation

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)

term 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. 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

long term depending on the period of holding of a capital asset/share. 7. Therefore the order passed by the AO cannot be sustained/upheld. It is prayed accordingly. -summary of arguments filed vide letter dated 29-01 -2010 4. I have given a careful thought to the submissions and arguments made on behalf of the appellant and have also gone through

RITU SINGAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 3, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

terms of section 19 read with section 11(1), section 11(4) and section 11B of S.E.B.I Act, 1992, pending inquiry/investigation and passing of final order in the matter, hereby restrain the following persons/entities from accessing the securities market and buying, selling or dealing in securities, either directly or indirectly, in any manner, till further directions.‖ The list includes

UMA SINGAL,NEW DELHI vs. ACIT, CENTRL CIRCLE-3, NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

terms of section 19 read with section 11(1), section 11(4) and section 11B of S.E.B.I Act, 1992, pending inquiry/investigation and passing of final order in the matter, hereby restrain the following persons/entities from accessing the securities market and buying, selling or dealing in securities, either directly or indirectly, in any manner, till further directions.‖ The list includes

SUNITA KHEMKA,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 15, JHANDEWALAN EXTN., NEW DELHI

In the result, Appeal of assessee is allowed

Bench: Shri Bhavnesh Saini

long term capital gain by manipulating the penny stock. 3 That the learned Commissioner of Income Tax (Appeals) has also erred both in law and on facts in not allowing depreciation

SHIKHA DHAWAN,GURGAON vs. ITO, WARD- 4(2), GURGAON

In the result, the appeal of the assessee is allowed

Bench: Sh.Bhavnesh Saini[Assessment Year: 2014-15] Vs Smt. Shikha Dhawan, Ito, C-101, Centre Park, Ward-4(2), Sector-42, Gurgaon. Gurgaon. Pan-Ccbps1718L (Appellant) (Respondent) Appellant By Sh. Gautam Jain & Sh. Peeyush Kamal, Advocate Respondent By Sh. S.L.Anuragi, Sr.Dr Date Of Hearing 11.06.2018 Date Of Pronouncement 27.06.2018

long term capital gain by manipulating the penny stock. 3 That the learned Commissioner of Income Tax (Appeals) has also erred both in law and on facts in not allowing depreciation

M/S. EASTMAN INDUSTRIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee is allowed for statistical purpose and that of Revenue is partly allowed for statistical purposes

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

long term capital loss, then the same be treated as trading loss of the appellant. 3. Without prejudice to the above, if the loss amounting to Rs 21,06,266/- is not allowed to be carried forward as a capital loss then the loss may be allowed as a deduction under section 28 of the Act as a trading loss

M/S STYLISH CONSTRUCTION PVT. LTD. vs. DCIT, NEW DELHI

In the result, appeal of the assessee is partly allowed

Bench: Shri H. S. Sidhu & Shri Prashant Maharishistylish Construction Pvt. Ltd, Dcit, 1027, Top Floor, Ward No. 8, Circle-9(1), Vs. Mehra Chowk, Mehrauli New Delhi Pan: Aaics4664H (Appellant) (Respondent)

term capital loss which it was entitled to set off against the capital gain on sale of shares during the same previous year. 17. We are not inclined to accept the Revenue's contention that this was a colourable device and that the entire arrangement was a paper arrangement. Firstly, there is no provision in the Act which would prevent

COMMISSIONER OF INCOME TAX-IV vs. M/S. I. K. INTERNATIONAL PVT. LTD

long term capital asset cannot be accepted. He held that the provisions of Section 50(2) of the Act were applicable since the assets sold were part of the block of assets on which depreciation was allowable and, therefore, took the view that the capital gains

Commissioner of Income Tax vs. ECE Industries Limited

long term capital gain and not the short term capital gain as treated by the Assessing Officer? (2) Whether ITAT was correct in law in holding that the transaction of sale of Sonepat Unit was a transaction in the nature of slump sale of a going concern or its was a transaction of sale of depreciable

COMMISSIONER OF INCOME TAX vs. ECE INDUSTRIES LTD.

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SURESH KUMAR KAIT

long term capital gain and not the short term capital gain as treated by the Assessing Officer? (2) Whether ITAT was correct in law in holding that the transaction of sale of Sonepat Unit was a transaction in the nature of slump sale of a going concern or its was a transaction of sale of depreciable

ACIT, CIRCLE-8(1), NEW DELHI vs. ARIHANT KUMAR JAIN, NEW DELHI

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

Long Term Capital Gain (LTCG) made by the AO, claimed by the assessee as exempt u/s 10(38) of the Act on the ground that the entire process of purchasing and selling of 40,000 shares of M/s. Kappac Pharma Limited is a colourable device to convert unaccounted money into fictitious exempt LTCG to evade tax?” 10 ITA No.5342/Del./2018

NINA KSHETRY,NOIDA vs. ACIT, CIRCLE INT.TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

term sale capital gain on sale of depreciable assets, as long-term capital gain on sale of shares. 6. The Ld. AO passed

HERSH VARDHAN KSHETRY,NOIDA vs. ACIT, CIRCLE INT. TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

term sale capital gain on sale of depreciable assets, as long-term capital gain on sale of shares. 6. The Ld. AO passed

SANGITA KSHETRY,NOIDA vs. ACIT,CIRCLE INT.TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

term sale capital gain on sale of depreciable assets, as long-term capital gain on sale of shares. 6. The Ld. AO passed