Year: 2019

Archive for 2019


Puran Ratilal Mehta v. ACIT (2019) 175 ITD 190/ 175 DTR 217/199 TTJ 607 (Mum.)(Trib.)

S. 56 : Income from other sources-Interest income earned on depositing surplus funds in FDRs is assessable as income from other sources and not as business income. [S. 28(i)]

Kottaram Agro Foods (P.) Ltd. v. ACIT (2019) 175 ITD 159 / 199 TTJ 402/ 177 DTR 370 (SMC)(Bang.) (Trib.)

S. 56 : Income from other sources-Share premium-For purpose of sub-rule (2) of rule 11UA, an auditor cannot be account of assessee-company. [S. 44AB, 56(2)(viib), 288(2)]

Bhatkal Ramarao Prakash v. ITO (2019) 175 ITD 144 / 199 TTJ 861/ 180 DTR 100(Bang.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Investment in single house but bifurcated with two door numbers for ground and first floor-New house purchased in the joint name of wife and son entitle to deduction–Property need not be purchased by assessee in his own name for claiming exemption. [S. 2(42A) 2(47), 45]

Goverdhan Singh Shekhawat v. ITO (2019) 175 ITD 272/ 175 DTR 353/ 198 TTJ 1 (Jaipur)(Trib.)

S. 54F : Capital gains-Investment in a residential house–Capital Gains Scheme Account -Bank account was opened only for the purpose of depositing compensation received in his hand and the amount was utilised for purchase of plot of land and partial construction thereon–Entitle to exemption. [S. 45]

Manish Films (P.) Ltd. v. ITO (2019) 175 ITD 121 (Indore) (Trib.)

S. 50B : Capital gains–Slump sale-As per sale deed, possession of only land and building was handed over and there was no transfer of furniture, fixtures and other equipment’s- Transaction cannot be regarded as slump sale. [S. 45, 50C]

D. S. Corporation v. ITO (TM ) (Mum.)(Trib.) www.itatonline.org

S. 45(4) : Capital gains-Distribution of capital asset–Retiring partner-The revaluation of asset being land held by the partnership firm which results into enhancement of value of asset and this enhanced amount credited in capital account of partners and when a retiring partner takes amount in his capital account including enhanced value of asset, it does not give rise to Capital gains.[S. 2(14), 45]

PCIT v. Electroplast Engineers ( 2019) 263 Taxman 120/ 178 DTR 316/ 310 CTR 238 (Bom.)(HC), www.itatonline.org

S. 45(4) : Capital gains-Distribution of capital asset-Retirement of partner -If new partners come into the partnership and bring cash by way of capital contribution and the retiring partners take cash and retire, the retiring partners are not relinquishing their interest in the immovable property. What they relinquish is their share in the partnership- As there is no transfer of a capital asset, no capital gains or profit can arise. [S. 45]

Puran Ratilal Mehta v. ACIT (2019) 175 ITD 190 /178 DTR 217/199 TTJ 607(Mum.)(Trib.)

S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade-Date of conversion of capital asset into stock-in-trade has to be determined either on basis of entry passed in books of account of assessee or intention of assessee to exploit capital asset as stock-in-trade for its business purpose. [S. 45]

Bhatkal Ramarao Prakash. v. ITO (2019) 175 ITD 144 / 199 TTJ 861/180 DTR 100(Bang.) (Trib.)

S. 45 : Capital gains-Long term capital gains- Lease –Entire consideration was paid when site was originally allotted in 2001- Date of holding to be computed from the date of allotment and not from the date of absolute conveyance was made and entitle to deduction u/s. 54F of the Act. [S. 2(42A), 2(47), 54, 54F]

Pyaribai K Jain v. Add. CIT (2019) 175 ITD 177 (Mum.) (Trib.)

S. 45 : Capital gains-Lease hold rights–Assessable as capital gain –Cannot be claimed as exempt on the ground that it was in respect of agricultural land–Market value on allotment of land. [S.48, 50C ]