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2025 Supreme(SC) 40

J. B. PARDIWALA, R. MAHADEVAN
Principal Commissioner Of Income Tax-4 – Appellant
Versus
Jupiter Capital Pvt. Ltd – Respondent


Advocates appeared:
For the Petitioners:Raj Bahadur Yadav, Advocate

ORDER :

1. Delay condoned.

2. This petition is at the instance of the Revenue, seeking leave to appeal against the judgement and order dated 20.02.2023 passed by the High Court of Karnataka at Bengaluru in Income Tax Appeal (ITA) No. 299 of 2019 by which the appeal filed by the Revenue against the judgement and order passed by the ITAT Bengaluru came to be dismissed and thereby the judgement and order passed by the ITAT came to be affirmed.

3. The appeal was admitted by the High Court on the following substantial question of law:

    “Whether on the facts and circumstances of the case, the Tribunal is right in law in setting aside the disallowance of capital loss claimed by the assessee of Rs.164,48,55,840/- by holding that there is extinguishment of rights of 153340900 shares when no such extinguishment of rights is made out by the assessee as required under section 2(47) of the Act and there is no reduction in the face value of share.”

4. It appears from the materials on record that the respondent-assessee is a company engaged in the business of investing in shares, leasing, financing and money lending. The assessee had made an investment in Asianet News Network Pvt. Ltd., an Indian compa

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