CIT(IT) v. Siemens Nixdorf Information Systemse Gmbh (2023) 453 ITR 741 / 293 Taxman 1 (SC) Editorial : CIT v. Siemens Nixdorf Information Systemse GmbH (2020) 114 taxmann.com 531 (Bom)(HC) affirmed.

S. 45 : Capital gains -Capital loss -Capital asset – Loan given to its subsidiary in India -Short-term capital loss —Order of High Court affirmed -SLP of Revenue dismissed. [S. 2(14), Art, 136]

The High Court held that the loan given by the assessee to its subsidiary in India constituted a capital asset within the meaning of section 2(14) of the Income-tax Act, 1961 and the consideration received when it was assigned  was a short-term capital loss. On a petition for special leave to appeal to the Supreme Court dismissing the petition the Court held that   the Tribunal had given strong reasons for holding that the transaction would come within the meaning of section 2(14) of the Act. Order of  High Court affirmed.  (AY. 2002-03)