SUPREME COURT OF INDIA
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SPECIAL LEAVE TO APPEAL (C) NO. 25392 OF 2015
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Shiv Raj Gupta....................................................................................Appellant.
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Commissioner of Income-tax, Delhi IV...............................................Respondent |
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KURIAN JOSEPH AND ROHINTON FALI NARIMAN, JJ.
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Date :DECEMBER 9, 2016 |
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Appearances |
P. Chidambaram, Ajay Vohra, Sr. Advs., Ms. Kavita Jha and Vaibhav Kulkarni, Advs. for the Petitioner.
P.S. Narsimha, ASB, Vijay Prakash and Mrs. Anil Katiyar, Advs. for the Respondent.
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Section 45 read with section 2(47) and 28(i) of the Income Tax Act, 1961 — Capital gains — SLP granted against High Court's ruling that where assessee director received huge amount as non-compete fee but real and true nature of transaction was sale of shares and transfer of control and management of company, amount in question was to be taxed as capital gains in hands of assessee — Shiv Raj Gupta vs. Commissioner of Income Tax.
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ORDER
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1. Leave granted.
2. Hearing of the appeal is expedited.
3. Appeal to be heard within six months.
4. Till the disposal of the appeal, no coercive steps for recovery be taken. |
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[2017] 244 TAXMAN 191 (SC) |
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