IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. I.T.R. No.145 of 1996 (O&M) Date of decision: 5.7.2010 Commissioner of Income Tax, Amritsar. -----Applicant. Vs. Master Deepan Kapoor. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Ms. Naveender P.K. Singh, Sr. Standing Counsel for the applicant. --- ADARSH KUMAR GOEL, J. Following question of law has been referred for opinion of this Court, arising out of order of the Income Tax Appellate Tribunal dated 14.12.1995 in I.T.A. No.875 & 887 (ASR)/1990 for the assessment year 1983-84:- “Whether on the facts and in the circumstances of the case, the Hon’ble Tribunal was justified in law in dismissing the appeals of the revenue by holding that the consideration received for transfer of controlling interest and directorship rights in shares were not taxable as the cost was nil and no capital gain was chargeable thereon?” I.T.R. No.145 of1996 Learned counsel for the revenue fairly states that the matter is covered by earlier order of this Court dated 15.9.2008 in I.T.R. Nos.75 to 82 of 1992 The Commissioner of Income-tax, Amritsar v. Sh. Pyare Lal Kapur. In view of above, the question referred is answered against the revenue and in favour of the assessee. The reference is disposed of. (ADARSH KUMAR GOEL) JUDGE July 05, 2010 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2