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Shareholding Dilution from Fresh Issue Does Not Trigger Capital Gains: ITAT Delhi
Case Law Details
- Case Name
- ITO Vs Sunita Sanjeev Aeren (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011–12
- Courts
- All ITAT, ITAT Delhi
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ITO Vs Sunita Sanjeev Aeren (ITAT Delhi)
Mere Reduction in Shareholding Due to Fresh Issue of Shares Cannot Trigger Capital Gains: ITAT Delhi
Delhi ITAT has once again clarified the long-debated question of whether a reduction in percentage shareholding- caused solely by a fresh issue of shares to a third party-can be treated as a “transfer” giving rise to capital gains in the hands of an existing shareholder. In a significant ruling the Tribunal dismissed the Revenue’s appeal & held that no taxable capital gain arises when a shareholder has neither transferred sha...




