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C & S Electric Ltd. vs Commissioner Of Industries & Anr on 22 February, 2019 cites

Bacha F. Guzdar vs Commissioner Of Income-Tax, Bombay on 28 October, 1954

In its decision, the Division Bench had also referred to the decision of the Constitution Bench of the Supreme Court in Mrs. Bacha F. Guzdar v. Commissioner of Income Tax: (1955) AIR SC 74, wherein the Supreme Court had authoritatively held that the identity of the company was not the same as that of its shareholders and, consequently, the dividends declared by the company out of agricultural income in the company's hands were not in the nature of agricultural income in the hands of its shareholders.
Supreme Court of India Cites 12 - Cited by 349 - M C Mahajan - Full Document

M/S K.G.Electronics Pvt. Ltd vs Dsiidc Ltd. on 10 December, 2013

9. The issue whether a change in the shareholding warrants imposition of unearned increase was considered by the Coordinate Bench of this Court in M/s K.G. Electronics Pvt. Ltd. v. DSIIDC Ltd: W.P. (C) 2324 of 2013, wherein it was held that the guidelines in question do not provide for the payment of unearned increase in case of transfer of shares in a company and, therefore, the respondents are not entitled to claim unearned increase. It is relevant to note that in that case, the original promoters had divested 42.36% of the total outstanding share capital, out of which a substantial part was towards their respective spouses. The Court noted that 28.248% of the shares transferred by the promoters were held by non-family members. Indisputably, the petitioner's case is on a better footing as only 10.23% of the shareholding is held by persons other than the original promoters.
Delhi High Court Cites 0 - Cited by 2 - V K Jain - Full Document
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