PCIT v. Wig Investment [2024] 461 ITR 117 (Delhi HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains or business income-Investment in stock in trade-Deemed dividend-Capital contribution by company-Not loan or advance-Commercial transaction-Order of Tribunal quashing the revision is affirmed.[S. 2(22)(e), 28(i), 45]

Dismissing the appeal of the Revenue the Court held that where Companies had contributed capital and not extended any loan or advance to the assessee and the assessee was neither a registered shareholder nor beneficial owner of shares in the said companies. Accordingly, the addition could not have been made in the hands of the assessee under section 2(22)(e) and, therefore, the order passed by AO could not be termed as erroneous and prejudicial to the interests of revenue on account of no addition made under section 2(22)(e).Redemption of mutual funds   is correctly assessed as capital gains and not as business income. Order of Tribunal quashing the revision order is affirmed. (AY.2006-07)