Month: May 2019

Archive for May, 2019


Ayaana Comtrade (P.) Ltd. v. ITO (2019) 176 ITD 6 (Ahd.) (Trib.)

S. 68 : Cash credits–Share application-High premium–Addition as unexplained cash credit is held to be justified.

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15 / 200 TTJ 179(Mum.)(Trib.)

S. 56 : Income from other sources–Gift-Assesse was transferor and not recipient and shares in question were those of listed companies- provisions of section 56(2)(viia) would not apply. [S. 56(2)(viia)]

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15 / 200 TTJ 179(Mum.)(Trib.)

S. 56 : Income from other sources–Share premium-Amount received in excess of fair market value of shares – S. 56(2)(viib) which seeks to tax amount received in excess of fair market value of shares is applicable only from assessment year 2013-14. [S. 56(2)(viib), 68]

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15/ 200 TTJ 179 (Mum.)(Trib.)

S. 56 : Income from other sources–Capital gains-Income chargeable under specific head cannot be assessed under residuary head as income from other sources. [S. 45, 47(iii)]

ITO v. Saroj Rani Gupta (Smt.) (2019) 176 ITD 109 (Kol.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Belated construction or possession would not be a ground to deny claim of exemption-Two separate flats purchased by assessee had two separate entrances, treated as one residential house – Entitle to exemption. [S. 45]

ITO v. Smart Sensors & Transducers Ltd. (2019) 176 ITD 104 (Mum.)(Trib.)

S. 50 : Capital gains-Depreciable assets-Block of assets-Brought forward business loss and long term capital loss can be set off against short term capital gain computed under section 50 on sale of factory building being depreciable asset. [S. 72, 74]

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15 / 200 TTJ 179(Mum.)(Trib.)

S. 47 (iii) : Capital gains-Transaction not regarded as transfer–Gift -Transfer of shares made as gift without consideration are not taxable under provisions of capital gains-Income chargeable under capital gains tax cannot be assessed as income from other sources. [S. 45]

Appasaheb Baburao Lonkar v. ITO (2019) 176 ITD 115 / 69 ITR 460/ 176 DTR 9/198 TTJ 448 (Pune)(Trib.)

S. 45 : Capital gains–Transfer-Transaction could not be materialised–Possession of land was in dispute-No profit or gain arose – Not liable to tax as capital gain. [S. 2(47)]

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15 / 200 TTJ 179(Mum.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Investment in group concern–Commercial expediency–Allowable as deduction.

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15/ 200 TTJ 179 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Not earned any dividend income-No disallowance can be made. [R. 8D]