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In the result, the appeal by the Assessee is partly allowed, while the appeal by the revenue is dismissed
Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 1882/Kol/2012 Assessment Year : 2008-09
section 2(29A) and 2(42A) of the Income Tax Act, 1961 (Act). (f) the assessee relied on several judicial pronouncements in support of its claim that income from sale of shares held as investment can give rise only to income under the head ‘capital gain’ and that the assessee can be both a dealer in shares holding shares