Allowing the appeal of the assessee the Court held that under article 8 of the articles of association of the company a shareholder desirous of selling his shares must notify the number of shares, a “fair value” and the proposed transferee. The assessees specific case was, that they had engaged the services of the professionals for the purpose. The transfer of shares was not disputed by the Department. The assessee had engaged the services of professionals who had identified the investor, negotiated the value and structured the transaction. Therefore, the transaction had an inextricable nexus with the transfer of shares. The expenditure incurred was deductible in computing the capital gains. (AY.2016-17)
Chincholi Gururajachar Venkatesh v. ACIT (2023)456 ITR 459/149 taxmann.com 90/ 333 CTR 552 (Karn.)(HC)/Satish Kumar Pandey v. ACIT (2023)456 ITR 459/149 taxmann.com 90 / 333 CTR 552 (Karn)(HC)
S. 48 : Capital gains-Mode of Computation-Amount paid for professional advice-Allowable as deduction. [S. 45, 48(i)]