LATEST DETAILS

SLP granted against High Courts 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

SUPREME COURT OF INDIA

 

SPECIAL LEAVE TO APPEAL (C) NO. 25392 OF 2015

 

Shiv Raj Gupta....................................................................................Appellant.
v.
Commissioner of Income-tax, Delhi IV...............................................Respondent

 

KURIAN JOSEPH AND ROHINTON FALI NARIMAN, JJ.

 
Date :DECEMBER  9, 2016 
 
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.


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.


ORDER


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.

 

[2017] 244 TAXMAN 191 (SC)

 
Professional services available Audit Management
Tax Lok English Viedo
Tax Lok Hindi Viedo
Check Your Tax Knowledge
Youtube
HR Consulting services

FOR FREE CONDUCTED TOUR OF OUR ON-LINE LIBRARIES WITH OUR REPRESENTATIVE-- CLICK HERE

FOR ANY SUPPORT ON GST/INCOME TAX

Do You Want To Take FREE DEMO Of Our GST/Income Tax Library.