In Wp/3049/2019 Of Briggs Trading Co Pvt Ltd v. Income Tax Officer Circle 6(1)(4) And 2 Ors, the High Court (2021) dismissed the appeal. The decision went in favour of the Revenue.
Issue: Agrawal submitted that theconcerned authority should be even directed to consider whether there wasany provision under the Act to substitute market price with theconsideration received by the parties for transfer of shares.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
GAURIAMITGAEKWAD
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.3049 OF 2019
Briggs Trading Co. Pvt. Ltd. ….Petitioner V/s.
Income Tax Officer Circle 6 (1) (4) & Ors. ….Respondents
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Mr. Madhur Agrawal i/b. Mr. Jay N. Bhansali for petitioner.Mr. Suresh Kumar for respondents.
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CORAM : K.R. SHRIRAM &
AMIT B. BORKAR, JJ.
DATED : 20[th] DECEMBER 2021
P.C. :
1After the petition was heard for some time, Mr. Agrawal, oninstructions sought leave to withdraw the petition with liberty to raise allpoints before the concerned authority. Mr. Agrawal submitted that theconcerned authority should be even directed to consider whether there wasany provision under the Act to substitute market price with theconsideration received by the parties for transfer of shares.
2We do not wish to give any such directions but everysubmission that petitioner would make will naturally be considered by theconcerned authority, who will also give a finding on each of the submissionsmade.
3Petition accordingly dismissed as withdrawn.
(AMIT B. BORKAR, J.)
(K.R. SHRIRAM, J.)
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