M/S THE ORIENTAL INSSURANCE CO.LTD.,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Anil Chaturvedi & Shri Anubhav Sharmam/S. The Oriental Insurance Co. Ltd, Vs. The Dcit, A 25/27, Asaf Ali Road, Ltu, New Delhi New Delhi-110002 (Appellant) (Respondent) Pan: Aaact0627R

111A and / or section 112 of the Income Tax Act. 3. That on facts and in law the CIT(A) erred in upholding a disallowance of Rs 1,04,90,324/- out of the total depreciation allowance claimed by the appellant under section 32 of the Act. 3.1 That on facts and in law the AO / CIT(A) erred

DCIT, NEW DELHI vs. SH. MAHESH KUMAR, NEW DELHI

In the result, the appeal of the department is dismissed

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 173/Del/2012 : Asstt. Year : 2008-09 Dcit, Vs Sh. Mahesh Kumar, Circle-21(1), C-13/170, Sector-3, Rohini, New Delhi Delhi-110085 (Appellant) (Respondent) Pan No. Aalpk4117B Assessee By : Sh. Ved Jain, Adv. Revenue By : Sh. P. Dum Kanunjna, Cit Dr Date Of Hearing : 16.09.2016 Date Of Pronouncement : 13.12.2016 Order Per N. K. Saini, Am: This Is An Appeal By The Department Against The Order Dated 17.10.2011 Of Ld. Cit(A)-Xxii, New Delhi.

transferred to D-mat account just before the sale was nothing but a colorable transaction for claiming the same to be Short Term Capital Gain for taking the benefit of provisions of Section 111A of the Act. The reliance was placed on the following case laws: " G. Venkataswami Naidu and Co. Vs CIT (1959) 35 ITR 594 (SC) " Indramani

SH. RAKESH KUMAR GUPTA,NEW DELHI vs. ITO, NEW DELHI

In the result, the appeal is dismissed

Bench: : Shri H.S. Sidhu & Shri L.P. Sahu

price movement of shares on regular basis. Further the account indicates a level of volume that would engage considerable time and attention of the assessee. Considering the magnitude and frequency of trade in shares it can be easily concluded that the motive of the assessee was never earning capital gain by investing in shares. The motive of the assessee

DCIT, CIRCLE- 1, LTU, NEW DELHI vs. THE ORIENTAL INSURANCE CO. LTD., NEW DELHI

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

111A and / or 112 of the Act. 3. That on facts and in law the CIT(A) erred in upholding disallowance of Rs. 52,88,173/- out of total depreciation allowance of Rs. 1,82,35,078/- claimed by the appellant under section 32 of the Act. 3.1 That on facts and in law the AO/ CIT(A) erred

THE ORIENTAL INSURANCE CO. LTD.,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

111A and / or 112 of the Act. 3. That on facts and in law the CIT(A) erred in upholding disallowance of Rs. 52,88,173/- out of total depreciation allowance of Rs. 1,82,35,078/- claimed by the appellant under section 32 of the Act. 3.1 That on facts and in law the AO/ CIT(A) erred

CIT vs. DEVASAN INVESTMENT PVT LTD

Section 111A of the Income Tax Act, 1961. The AO had raised a query why income from STCG/L TCG should not be treated as business income. The assessee claimed that funds invested in Mutual Funds and Equity Shares on which capital gains have been received were investments and could not be treated as Stock in Trade. The units were

CIT vs. DEVASAN INVESTMENT PVT LTD

Section 111A of the Income Tax Act, 1961. The AO had raised a query why income from STCG/L TCG should not be treated as business income. The assessee claimed that funds invested in Mutual Funds and Equity Shares on which capital gains have been received were investments and could not be treated as Stock in Trade. The units were

ACIT, NEW DELHI vs. SHRI RAJIV KAPOOR, NEW DELHI

In the result, the appeal of the Revenue stands dismissed

Bench: Shri J.S. Reddy & Shri Laliet Kumarita No. 4989/Del /2012 [Assessment Year: 2008-09] The A.C.I.T Vs. Shri Rajiv Kapooor Circle - 22(1) C/O H.L. Kapoor Investment & New Delhi Financial Consultants 5, Trimurti Building [Basement], Community Centre, New Friends Colony, New Delhi Pan : Aampk 0195 Q [Appellant] [Respondent] Department By : Shri Kartar Singh, Cit-Dr Assessee By : Shri Amit Sharma, Ca Shri Prashant Sharma, Ca Date Of Hearing : 09.03.2016 Date Of Pronouncement : 10.03.2016 Order

111A. Thus, the statute categorically allows that shares may be capital assets, and specifically short term capital assets, even if held for a duration of 1 day or just under 12 months. {4.2} It has further been argued on behalf of the appellant that circular No. 4 dated 15.06.2007 of the CBDT provides that an assessee may be both

ACIT, CIRCLE- 26(2), DELHI vs. VIC ENTERPRISES PVT. LTD., NEW DELHI

In the result, appeal of the Revenue is dismissed

Bench: N.K. Billaiya & Ms. Astha Chandraasstt. Year: 2014-15

section 143(3) of the Act. 5. Aggrieved thereby, the assessee filed appeal before the Ld. CIT(A). During appellate proceedings also, the assessee filed written submission which has been incorporated by the Ld. CIT(A) in para 5.1 of his order. On consideration thereof, the Ld. CIT(A) held that the impugned income shown

M/S. MADURA BIOTECH (P) LTD.,HARIDWAR vs. DCIT, NEW DELHI

In the result, the appeal filed by the assessee is allowed partly with consequences to follow as per determination of grounds above

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2010-11 Madura Biotech (P) Ltd., Vs Dcit, Plot No.146-149, Sector I.I.D.C., Circle-6(1), Sidcul Ranipur, New Delhi. Haridwar. Pan: Aafcm8070L (Appellant) (Respondent) Assessee By : Shri Tanpreet Kohli, Ca Revenue By : Shri Kanav Bali & Shri Vivek Vardhan, Sr. Drs Date Of Hearing : 07.06.2024 Date Of Pronouncement : 23.07.2024 Order Per Anubhav Sharma, Jm:

111A of the Act applicable from the AY 2005-06, the assessee cannot be categorised as an investor especially when the aforesaid facts speak otherwise and lead us to the conclusion that the assessee is indulging in activities of a trader in shares. As observed in Sutlej Cotton Mills Supply Agency Ltd. (supra), it is a manner of first impression