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Income Tax

No capital gain tax in absence of transfer of shares

Case Law Details

Case Name
ACIT Vs Safari Mercantile Pvt. Ltd. (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2001-02
Advertisement 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 ...
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