Tuesday, 13 March 2012

Transaction within four corners of law can be treated as “sham” & “colourable device” by looking at “human probabilities”

Killick Nixon Ltd vs. DCIT (Bombay High Court)



In AY 2000-01 the assessee borrowed Rs. 48 crores from the G. K. Rathi group and used that to buy shares in three 100% subsidiary companies. Though the fair value of the shares was Rs. 24, the assessee paid Rs. 150 for each share. The amount received by the said subsidiary companies was transferred back to another company of the G.K. Rathi group. In AY 2001-02, the said shares were sold for Rs. 5 each and a short-term capital loss was claimed and this was set-off against other long-term capital gains. The AO, CIT (A) & Tribunal (order attached) rejected the transaction of investment into, and sale of, shares as a sham. On appeal by the assessee, HELD dismissing the appeal:

No comments:

CIT(A) cannot direct reopening of years not under appea

  Recently, the Hon’ble Income-tax Appellate Tribunal, Chennai (‘ITAT’) in the case of Mr. Chandanmal Nagaraj v. Assistant Commissioner of I...