Month: March 2020

Archive for March, 2020


Raghubir Singh v. ITO (2020) 180 ITD 719 (Chd.)(Trib.)

S. 69A : Unexplained money–Bank deposits–Evidence was not considered–Matter remanded. [S. 45]

Kuldeep Singh v. ITO (2020) 180 ITD 749/ 185 DTR 10/ 203 TTJ 242 (Chd.)(Trib.)

S. 68 : Cash credits–Gifts from father–Source explained–Addition is deleted.

ITO v. Swati Housing & Construction (P.) Ltd. (2020) 180 ITD 854 (Delhi)(Trib.)

S. 68 : Cash credits–Sundry creditors-From earlier years-No addition can be made.

D M Estates (P.) Ltd. v. DCIT (2020) 180 ITD 813 (Bang.)(Trib.)

S. 68 : Cash credits–Books of account-No addition can be made owing to difference in income based on Form No. 26AS and income as reflected in books of account maintained by assessee. [S. 145]

N. Ramaswamy v. ITO (2020) 180 ITD 702 / 190 DTR 374/ 205 TTJ 803(Chennai)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Perpetual lease–Purchase of property-Entitle for exemption. [S. 2(47)(vi), 45, 269UA]

Lalitkumar Kesarimal Jain v. DCIT (2020) 77 ITR 394 / 180 ITD 832 / 190 DTR 424/ 205 TTJ 753 (Pune)(Trib.) Kruti Lalit Kumar Jain v. DCIT (2020) 77 ITR 394/ 180 ITD 832/ 190 DTR 424/ 205 TTJ 753 (Pune) (Trib.) Pranay Lalit Kumar Jain v. DCIT (2020) 77 ITR 394/ 180 ITD 832 / 190 DTR 424/ 205 TTJ 753 (Pune) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Purchase of flat-Mere fact that assessee was one of associated parties in said concern which was developing housing project, could not be a ground to deny benefit of deduction.[S. 45]

Acciona Wind Energy (P.) Ltd. v. DCIT (IT) (2020) 180 ITR 792 /185 DTR 280 / 203 TTJ 377 (Bang.)(Trib.)

S. 47(iv) : Capital gains-Transaction not regarded as transfer – Subsidiary –Parent company is not holding whole share capital of subsidiary – Capital gains on buy back is taxable. [S. 45 46A]

Union Company (Motors) (P.) Ltd. v. ACIT (2020) 180 ITD 799/ 204 TTJ 11 (UO) (Chennai)(Trib.)

S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade–Year of taxability-Capital gains arising from such conversion was to be brought to tax when transfer/sale of such asset took place and not on date of converting capital asset into stock-in-trade. [S. 45]

Mahindra & Mahindra Ltd. v. DCIT (2020) 180 ITD 776 (Mum.) (Trib.)

S. 45 : Capital gains-Sale of assets used for research and development-Not eligible to claim short-term capital loss or long-term capital loss on sale of assets used for research and development activities for which deduction under S. 35 had already been allowed.[S.2(29A), 2(29B), 2(42B), 35]

Thomas Eapen v. ITO (2020) 180 ITD 741 (Cochin)(Trib.)

S. 44AD : Presumptive taxation-Trader in medicine-Undisclosed cash credits–Bank account-Addition is held to be not justified. [S. 68, 69A, 115BBE]