Year: 2019

Archive for 2019


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]

DCIT v. Shree Surat Jilla Leuva Patidar Samaj Trust. (2019) 176 ITD 69 (Surat) (Trib.)

S. 11 : Property held for charitable purposes–Application of income more than its gross total income-Accumulation at rate of 15 per cent is not required-voluntary donations towards corpus fund would be capital receipts hence not includible in its income. [S.11(1)(a), 12]

Maharashtra State Board of Technical Education. v. ITO (2019) 176 ITD 47 / 200 TTJ 810/ 182 DTR 89(Mum.)(Trib.)

S. 10(46) : Body or authority-Maharashtra State Board of Technical Education falls under definition of ‘State’ as per Article 12 of Constitution and its income is eligible for exemption. [Art. 12, 289]

Baldev Singh v. ITO (2019) 176 ITD 1 (Delhi)(Trib.)

S. 10(37) : Capital gains-Agricultural land-Acquired by Government-Enhanced compensation including interest received would be eligible for exemption. [S. 45, Land Acquisition Act, 1894, S.28]

DCIT v. Rishabh Infrastructure (P.) Ltd. (2019) 176 ITD 150 (Raipur)(Trib.)

S. 4 : Charge of income-tax–Capital or revenue -Compensation received as a termination of business activity is held to be capital receipt. [S. 28(i)]