S. 68 : Cash credits–Additional evidence–AO is given sufficient opportunity to examine the additional evidence–Deletion of addition s held to be justified. [S.151, R.46A]
S. 68 : Cash credits–Additional evidence–AO is given sufficient opportunity to examine the additional evidence–Deletion of addition s held to be justified. [S.151, R.46A]
S. 68 : Cash credits–Information from bank statements of creditors-Finding recorded on the basis of another creditor–Information not furnished to the assesee-Violation of principle of natural justice-Remanded to CIT(A) to decide the issue after obtaining the remand report from the AO. [R. 46A]
S. 68 : Cash credits–Share application money-Cash was deposited before issue of cheque-Genuineness of transaction is not established –Addition is held to be justified.
S. 56 : Income from other sources-Estimation of business income and also making separate addition as income form other sources – Held to be not valid. [S. 28 (i)]
S. 56 : Income from other sources-Deeming income from receipt of immovable property without consideration-Not applicable to a purchase transaction of immovable property prior to amendment for which full consideration is paid-Registration at a later date-Amended provision is not applicable. [S. 56(2)(viib)]
S. 54F : Capital gains-Investment in a residential house-Date of transfer of land was date of joint development agreement and on this date no flats owned by assessee-Bar does not apply. Acquisition of new residential house can be more than one-More than one unit of residential house eligible for exemption. [S. 45]
S. 54 : Capital gains-Profit on sale of property used for residence-No requirement that construction of house should have been completed within specified time-Matter remanded for verification. [S. 45]
S. 54 : Capital gains-Profit on sale of property used for residence-Purchase of residential house-Land purchased admeasuring 4973.125 square Feet-Building constructed of 150 square feet-only 25 per cent. of total plot area to be considered as land appurtenant thereto. [S. 45]
S. 48 : Capital gains–Computation–Cost of acquisition-Accrued-Value of equity share capital-All other items of balance-sheet other than equity capital and free reserve be considered in net asset value of equity shares-Capitalisation of interest cost-Not part of cost of acquisition. [S. 45, 50C, 50D, 55(2)(aa), 56(2)(x)]
S. 45 : Capital gains–Business income–Selling three flats and parking lot-Flats appearing in the balance sheet as investments–Assessable as capital gains and not as business income.[S. 28 (i)]