(Sanjiv Khanna and J.K. Maheshwari, JJ.)
Petition(s) for Special Leave to Appeal (C) No(s). 30335-30337/2015, decided on November 16, 2022
Equity Intelligence India Pvt. Ltd. ______________________ Petitioner;
v.
Assistant Commissioner of Income Tax ______________ Respondent.
(IA No. 155918/2018 – Permission to File Additional Documents/Facts/Annexures)
Petition(s) for Special Leave to Appeal (C) No(s). 30335-30337/2015; ITA No. 267/2014; ITA No. 280/2014; ITA No. 274/2014; and IA No. 155918/2018
The Order of the court was delivered by
Order
SLP (C) No. 30335 of 2015 (For the Assessment Year 2006-2007)
1. Mr. S. Ganesh, learned senior advocate for the petitioner on instructions states that the petitioner had availed the benefit under the Vivad Se Vishwas Scheme for the assessment year 2006-2007 and certificate under the said scheme has been issued. He further states that the petitioner has filed application filed under Section 154 of the Income Tax Act, 1961 for rectification of some errors, which is partly allowed. The petitioner has filed another application which is pending.
2. We take the statement on record, the special leave petition insofar, which relates to the year 2006-2007 is dismissed as withdrawn. We clarify that we have not commented on the merit of the computation of tax made under the aforesaid scheme or on the grievance or remedy, which would be available to the petitioner.
SLP (C) No. 30336 of 2015 (For the Assessment Year 2008-2009)
3. We are inclined to grant leave in respect of income/capital gain earned on sale of shares of M/s J.K. Investo Trade Ltd., M/s Mujnal Showa Ltd. and Samtel Colours Ltd.
4. The parties are given liberty to file additional documents in respect of the said shares.
SLP (C) No. 30337 of 2015 (For the Assessment Year 2010-2011)
5. We do not find any good ground and reason to interfere with the impugned order passed by the High Court affirming the decision passed of the Income Tax Appellate Tribunal as the period of holding of the shares sold in the present case was less than one year. We have also taken into account the frequency of transactions.
6. Recording the aforesaid, the special leave petition is dismissed.
7. Pending application(s), if any, shall stand disposed of.
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