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Case Name : Nalwa Investment Ltd. Vs CIT (Supreme Court of India)
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Nalwa Investment Ltd. Vs CIT (Supreme Court of India)

Substitution of Shares on Amalgamation Not Automatically Business Income: Realisable Profit Test Laid Down

These civil appeals before the Supreme Court arose from a common judgment dated 07.08.2020 of the Delhi High Court in ITA Nos. 935, 822, 853 and 961 of 2005 relating to AY 1997-98. The High Court had remanded the matters to the ITAT for fresh adjudication on whether shares held in the amalgamating company were stock-in-trade or capital assets, observing that if they were stock-in-trade, the transacti

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