2015 (10) TMI 24 - DELHI HIGH COURT
CIT Versus Morgan Securities & Credits Pvt. Ltd.
Nature of investment - in the nature of trade or not - Assessee had changed the treatment of the shares by treating them as investment instead of stock in trade - AO concluded that, , the only motive for this undue change in this year (AY 2005-06) ap.....
2015 (10) TMI 16 - ITAT MUMBAI
Shri Himanshu Nalin Kaji Versus DCIT-16 (3) , Matru Mandir, Mumbai.
Short term capital gain - sale of equity shares through a recognized stock exchange on which Securities Transaction Tax (STT) - whether has been wrongly taxed at normal rate, whereas, it should be taxed at special rate of 10 as specified u/s 111A? - .....
2013 (10) TMI 785 - ITAT HYDERABAD
Sri S. Venkateswara Rao Versus Addl. CIT, Range-6 Hyderabad
Allowability of expenses claimed against the short-term capital gains on sale of shares Held that - Since the claim of taxation at special rate was made under the specific provisions of sec. 111 A, the appellant was indeed not entitled for taking the.....
2012 (10) TMI 854 - ITAT MUMBAI
Shrikant Real Estates (P.) Ltd. Versus Income-tax Officer 4(3) (4)
Rectification application u/s. 154 rejected - Short term capital - normal rate of 30 OR 10 as provided in Sec. 111A - Held that - In the present system of e-filing of return which is totally depended upon the usage of software, then is possible that .....
2012 (10) TMI 485 - ITAT, DELHI
Assistant Commissioner of Income Tax, Circle 31(1), Versus Manoj Kumar Samdaria Prop. Love Art India,
Income from sale purchase of shares - income from short term capital gain v/s business income - Held that - Habitual dealing in a particular item is indicative of the assessee s intention of trading. Merely for taking benefit of provisions of sec. 11.....
2012 (11) TMI 465 - ITAT HYDERABAD
Swarnim Multiventures (P.) Ltd. Versus Deputy Commissioner of Income-tax, Circle 3(3), Hyderabad
Income from the share transactions - Capital gain v/s business income - Held that - The assessee has made several transactions of purchase of shares during the relevant year under consideration, and if there high volume, frequency and regularity of t.....
2012 (9) TMI 444 - CALCUTTA HIGH COURT
JCT LTD Versus THE COMMISSIONER OF INCOME TAX. WEST BENGAL
Disallowance of loss on the sale of debentures - non-convertible Part B of the 15 redeemable partly convertible debentures - ITAT treated it as part of the cost of acquisition of the convertible Part A of the debentures - Held that - A separate treat.....
2012 (9) TMI 685 - ITAT MUMBAI
ACIT, Circle 16(1), Mumbai Versus Sudha M Shroff
Addition on account profits from share transaction as trading activity - Whether profits out of share transactions, treat it as investment activity or trading activity Shares sold without taking delivery, same has been shown as speculative gains - Wh.....
2012 (5) TMI 96 - ITAT DELHI
Narendra Gehlaut Versus JCIT
Treating short term capital gains in shares as Business income applying maximum marginal rate instead of concessional rate of tax of 10 as per Sec. 111A Held that - Where the period of holding is more than six months, the transaction will be in the n.....
2012 (4) TMI 266 - ITAT DELHI
Assistant Commissioner of Income-tax, Circle-14(1), New Delhi Versus Puran Associates (P.) Ltd.
Profit from purchase and sale of shares - Capital gain or business income - Held that - assessee did not place any material, other than Board resolution, while the auditor reports and facts for the years under consideration, reflecting intention of t.....
2011 (12) TMI 21 - ITAT DELHI
M/s. D & M Components Ltd., Versus Assistant Commissioner of Income Tax, Circle 10(1), New Delhi.
Treatment from Sale & Purchase of shares as Business Income or Capital Gain - Held that - where assessee purchased shares from own funds - purchase and sale are not frequent and number of transaction are not substantial - purchases were for reten.....
2009 (8) TMI 856 - ITAT MUMBAI
Fidelity Investment Trust Fidelity Overseas Fund Versus Additional Director of Income-tax (International Taxation) Range 3(2), Mumbai
Losses - Set-off of from one source against income from another source under same head of income
........... rsquo so computed. Whereas, computation of capital gain is governed by section 48, but the rates of tax, insofar as we are concerned in the present appeal, are governed by sections 111A and 115AD. From the above, it is evident that the assessee has option to set-off of the short-term capital loss against the short-term capital gains as per the provisions of section 70(3) read with section 111A and 115AD of the Income-tax Act. Accordingly, in our considered opinion, the appeal of the assessee is covered and ground 1 is allowed. 4. Ground 2, being consequential in nature, the same does not require any specific adjudication as it relates to issue of levy of interest under section 234B of the Income-tax Act. Considering the fact that the assessee is non-resident, the levy of interest under section 234B is uncalled for as all the payments to any non-resident assessee attract the TDS provisions. Accordingly, ground 2 is allowed. 5. In the result, appeal of the assessee is allowed.
2009 (7) TMI 908 - ITAT MUMBAI
First State Investments (Hongkong) Ltd. Versus Assistant Director of Income-tax (International Taxation), Mumbai
Losses - Set-off of from one source against income from another source under same head of income, Capital gains - Tax on short-term capital gain in certain cases