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No capital gain tax in absence of transfer of shares
Case Law Details
- Case Name
- ACIT Vs Safari Mercantile Pvt. Ltd. (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2001-02
- Courts
- All ITAT, ITAT Mumbai
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ACIT Vs Safari Mercantile Pvt. Ltd. (ITAT Mumbai)
Conclusion: 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 had to be taxed and not any contingent deferred income, notional or hypothetical income taxed as capital gain income in the hands of assessee.
Held: Assessee was an investment company belonging to the GTL. In this case, the ...





