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ITAT on Set-Off of Capital Loss via Sham Transaction against Capital Gain
Case Law Details
- Case Name
- The Dy.C.I.T. Vs .M/s.B S. Infosolution Pvt. Ltd (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All ITAT, ITAT Delhi
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DCIT Vs M/s. B S. Infosolution Pvt. Ltd (ITAT Delhi)
ITAT Held that No prudent person with some commercial prudence would pay a hefty premium of Rs. 190/- on a book value of Rs. 82/-, hold it for one year, and then sell the same shares at book value.
Further Though the premium is justified by a valuation report, but the same appears to be a self- serving document because a company which is incorporated in January 2011 cannot fetch a hefty premium of Rs. 190/- in a span of three months.
The same property was the subject matter of two distinct transactions – one with QIPL a...





