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    <title>2025 (5) TMI 283 - ITAT DELHI</title>
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    <description>ITAT Delhi held that conversion of stock-in-trade to capital asset is permissible, following SC precedent in Sir Kikabhai Premchand case. The tribunal ruled that absent specific legal prohibition and given bona fide business purpose, such conversion cannot be deemed a colorable device for tax avoidance. Income from subsequent sale qualified as long-term capital gains with indexation benefits. Commission payments made through banking channels with proper TDS deduction were allowed. Short-term capital loss on share transfer was upheld as genuine transaction through stock exchange, rejecting revenue&#039;s claim of bogus loss based on SEBI inquiry where assessee wasn&#039;t implicated as beneficiary. Assessee&#039;s appeal allowed.</description>
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    <pubDate>Wed, 30 Apr 2025 00:00:00 +0530</pubDate>
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      <title>2025 (5) TMI 283 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=770011</link>
      <description>ITAT Delhi held that conversion of stock-in-trade to capital asset is permissible, following SC precedent in Sir Kikabhai Premchand case. The tribunal ruled that absent specific legal prohibition and given bona fide business purpose, such conversion cannot be deemed a colorable device for tax avoidance. Income from subsequent sale qualified as long-term capital gains with indexation benefits. Commission payments made through banking channels with proper TDS deduction were allowed. Short-term capital loss on share transfer was upheld as genuine transaction through stock exchange, rejecting revenue&#039;s claim of bogus loss based on SEBI inquiry where assessee wasn&#039;t implicated as beneficiary. Assessee&#039;s appeal allowed.</description>
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      <pubDate>Wed, 30 Apr 2025 00:00:00 +0530</pubDate>
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