Month: September 2019

Archive for September, 2019


ITO v. Chiripal Poly Films Ltd. (2019) 177 ITD 441 / 202 TTJ 317/ 184 DTR 162 (Mum.) (Trib.)

S. 68 : Cash credits–Share application-Share premium- Provided name, address and PAN of shareholders, etc.- Addition cannot be made. [S. 56(2)(viib)]

ITO v. Pratima Ashar (Smt.)(2019) 177 ITD 481 /183 DTR 137(Mum.)(Trib.)

S. 68 : Cash credits–Loans–Allegation that loans received from companies controlled by Praveen Kumar Jain as accommodation entries–Substantial supporting material to prove loan transactions were genuine were produced–Addition is held to be not valid.

Satendra Koushik. v. ITO (2019) 177 ITD 286 (Jaipur)(Trib.)

S. 56 : Income from other sources-Gift- Property–Purchase of a piece of land as stock-in-trade–Not property–Provision is not applicable- Matter is set aside. [S. 45, 56(2)(vii)(b)(ii)]

Ginni Global (P.) Ltd. v. ACIT (2019) 177 ITD 278/182 DTR 44 / 201 TTJ 524 (Jaipur)(Trib.)

S. 56 : Income from other sources–Preference shares-Premium- Valuation is to be made as per Rule 11UA(1)(c)–Matter set aside. [S. 56(2)(vii)(b), R. 11UA(1)(c)]

Munish Singla v. ACIT (2019) 177 ITD 529 (Chd.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Construction of house–Single house constructed by assessee within three years of sale of land-Entitle for exemption. [S. 45]

ITO v. Nilima Abhijit Tannu (2019) 177 ITD 308 (Mum.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Capital gain account scheme- Deposited before expiry of date of filing of return u/s. 139(4)-Entitle to exemption. [S.45, 139(4)]

Kishore Hira Bhandari. v. ITO (2019) 177 ITD 565 /( 2020) 205 TTJ 591(Mum.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Claim was raised first time before the Tribunal-Matter remanded for adjudication.[S. 254(1)]

ACIT v. Seema Sobti. (2019) 177 ITD 370 / 181 DTR 132 (Delhi)(Trib.)

S. 54EC : Capital gains-Investment in bonds–Investment of 50 lakhs each in two different financial years–Eligible for exemption. [S. 45]

ACIT v. Seema Sobti. (2019) 177 ITD 370 / 181 DTR 132 (Delhi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence–Booking of semi finished flat with builder-Carry out internal fit-outs to make it liveable on its own-treated as construction of property and not purchase of property, same was to be treated as case of construction of property and not purchase of property- Entitle to exemption. [S. 45]

ACIT v. Jai Kumar Gupta (HUF) (2019) 177 ITD 558 (Mum.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence– Due to ignorance the deduction is claimed u/s. 54F instead S.54– Exemption cannot be denied.[S. 54F]