ACIT v. Safari Mercantile Pvt. Ltd., (Now Vahanvati Conlt. Pvt. Ltd.)

Court: ITAT Mumbai Bench
Head Notes:

Tribunal held that where there was no transfer of shares but only a pledge of shares for purposes of obtaining a loan and revenue not disputed the fact of return of loan and also receipt of pledged shares creditor, no capital gain could be charged. Only income was actually received or accrued upon sale of shares has to be taxed and not any contingent deferred income, notional or hypothetical income taxed as capital gain income in the hands of the Assessee. Followed Reliance Communication Infrastructure Ltd. (2012)254 CTR 251(Bom.)(HC) and Hemal Raju Shete (2016) 239 Taxman 176 (Bom)(HC)

Law:
Section(s): Section 45, Section 2(47)
Counsel(s): Dr. K. Shivaram, Senior Advocate
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Uploaded By Shashi Bekal
Date of upload: November 2, 2020

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