2017 (7) TMI 1463

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....vocate. For the respondent : Mr. Z. A. Shah, Sr. Advocate, with Mr. A. Hanan, Advocate. Per Badar Durrez Ahmed, CJ. (Oral) 01. This appeal is directed against the order dated 27.06.2013 passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar, in ITA No.211(Asr)/2013 pertaining to assessment year 2007-08. 02. On 18.12.2014, the present appeal was admitted to hearing and th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....issue has referred to a decision of the Delhi High Court in the case of Commissioner of Income Tax v. Vinay Mittal : [2012]208 Taxmann 106 (Delhi). In that decision, there is also a reference to a Gujarat High Court decision in case of Commissioner of Income Tax v. Rewashanker A. Kothari : [2006] 283 ITR 338, wherein various tests were formulated in order to determine whether an assesse could be s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he shares which was highlighted in the Gujarat High Court decision as also in the Delhi High Court decision and which was specifically taken note of by the tribunal, has not been examined in the facts of the present case. It appears that the tribunal was impressed by the fact that a similar treatment had been given and accepted by the department in earlier assessment years. But in our view, that a....