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Hiren Jaswantrai Shah, Bhavnagar vs Department Of Income Tax

11. Our view that notification dated 25.1.2006 would be effective from 1.4.2005 i.e. it would be applicable to entire Asst. Year 2006-07 is also 10 ITA No.3361/Ahd/2009 Asst. Year 2006-07 supported by a recent decision of ITAT, Mumbai in ACIT vs. Parimal D. Nathwani (2011) 9 taxmann.com 284 (Mum-ITAT) pronounced on January 21,2011 wherein following decision of the ITAT Delhi Bench in the case of G.K. Anand Bros.Buildwell (P) Ltd. vs. ITO (2009) 34 SOT 439 (Delhi) held that notification dated 24.1.2006 is only a subordinate legislation and cannot over ride the principal legislation enacted by the Parliament. ITAT Mumbai Bench in that case held as under:-
Income Tax Appellate Tribunal - Ahmedabad Cites 15 - Cited by 0 - Full Document

Unique Print Pack Pvt. Ltd., New Delhi vs Department Of Income Tax on 9 July, 2009

AO has no basis for arriving at a derivative trading loss of Rs. 58,26,886/-. Thus, on facts we uphold the order the learned CIT(A) on this issue. Even otherwise the decisions in the case of G.K.ANAND BROS.BUILDWELL(P) LTD. vs. INCOME TAX OFFICER (2009) 34 SOT 439(Del) and Pradeep Kumar Harlaka Vs. ACIT(2012) 65 DTR 157/143TTJ 446 (Mum.)(Trib.) are in favour of the assessee. In the result ground No. 1 is dismissed.
Income Tax Appellate Tribunal - Delhi Cites 3 - Cited by 0 - Full Document

Hotline Capital Services Pvt. Ltd.,, ... vs Department Of Income Tax on 9 July, 2009

AO has no basis for arriving at a derivative trading loss of Rs. 58,26,886/-. Thus, on facts we uphold the order the learned CIT(A) on this issue. Even otherwise the decisions in the case of G.K.ANAND BROS.BUILDWELL(P) LTD. vs. INCOME TAX OFFICER (2009) 34 SOT 439(Del) and Pradeep Kumar Harlaka Vs. ACIT(2012) 65 DTR 157/143TTJ 446 (Mum.)(Trib.) are in favour of the assessee. In the result ground No. 1 is dismissed.
Income Tax Appellate Tribunal - Delhi Cites 3 - Cited by 0 - Full Document

Gangadharan Mohan, Mumbai vs Department Of Income Tax

-3- ITA No.1114/Mum//09 On appeal, the learned CIT(A) upheld the action of the Assessing Officer to treat the loss of Rs.1,63,58,485 as speculative loss to be set off only against profits from speculative transactions in future. On further appeal before the Tribunal, the Tribunal while relying on the decision in the case of G K Anand Bros Buildwell (P) Ltd Vs. ITO 34 SOT 439 (Del) allowed the assessee's appeal.
Income Tax Appellate Tribunal - Mumbai Cites 5 - Cited by 0 - Full Document
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