Author: ksalegal

Author Archive


ACIT v. Shyam Indus Power Solutions (P) Ltd. (2018) 62 ITR 512 512 (Delhi )( Trib.)

S. 68: Cash credits- Unsecured loan- Furnished names and addresses of concerned parties, their PAN and confirmation with bank account and their Income tax returns, and AO had not carried out any investigation to show that those companies did not exist but were paper companies- Addition cannot be made . [ S.131 ]

Dy. CIT v. Ajay Enterprises Pvt. Ltd. (2018) 63 ITR 479 (Delhi)(Trib.)

S. 68 : Cash credits – Income from undisclosed sources – Amount received in cash in respect of sale of immovable property – Sale deed registered in the name of buyer company – Addition if at all to be made in the hands of buyer and not in the hands of the assessee.

Poona Club Ltd. v. ACIT ( 2018) 63 ITR 3 (SN) (Pune ) (Trib)

S. 57:Income from other sources-Where assesse received membership fee from various members which were kept in FDRs and interest earned thereon was brought to tax under section 56, in view of fact that assessee failed to establish nexus between expenditure incurred under various heads and earning of said interest income, its claim for deduction under S.57 was to be rejected. [ S. 56,57(iii) ]

Asia Investments P. Ltd. v. ACIT (2018) 63 ITR 535 /193 TTJ 214 (Mum) ( Trib.)

S. 57 : Income from other sources – Deductions – Dividend income – taxable under head ‘Income from other sources’ – Any expenditure incurred to earn dividend income including finance charges allowable as deduction .[ S. 57(iii) ]

ACIT v. Mohinder Kumar Jain (2017) 62 ITR 176 (Delhi) ( Trib.)

S. 54F : Capital gains – Capital gains on sale of house properties can be invested in construction of house property more than once for same new property, if cost of property is within capital gains that arose to the assessee. [ S.45 ]

Paramjit Kaur ( Mrs) v. ITO (2017) 190 TTJ 772/ (2018) 162 DTR 1 (Chd) ( Trib)

S. 54: Capital gains – Profit on sale of property used for residence – Where the construction of new house was commenced before sale of the original asset the Assessee was eligible to claim deduction in respect of payments made before such sale – Assessee was eligible to claim deduction in respect of amount deposited in capital gain scheme beyond due date of filing return u/s 139(1) but before time limit allowed u/s 139(4) [ S.45, 139(1) , 139(4) ]

Girdhari Lal v. ITO (2018) 171 ITD 176 (Delhi) (Trib.)

S. 50C : Capital gains – Full value of consideration – Stamp valuation-Agricultural land– Land situated within 8 km. of local Municipal limits-Addition under head capital gain applying the provision of S.50C is justified . [ S. 2(14)(iii), 45 ]

Oricon Enterprises Ltd. v. ACIT (2018) 170 ITD 231 (Mum) (Trib.)

S. 50B : Capital gains – Slump sale-Transfer of business division to subsidiary against shares, same was not a ‘slump sale’ but an ‘exchange’; thus, provisions of S. 50B is not applicable .[ S. 2(42C), 45 50C ]

ACIT v. Seth Industries (P.) Ltd. (2018) 171 ITD 326 (Mum)(Trib.)

S.50 : Capital gains – Depreciable assets – Block of assets – Land on which staff quarters were situated – Staff quarters depreciation was claimed – No depreciation was claimed on land- Profit on sale of land is assessable as long term capital gains .[ S.2(11),45 ]

Mateen Pyarali Dholkia v. DCIT (2018) 171 ITD 294 (Mum) (Trib.)

S.48 : Capital gains – Computation- Portfolio Management Scheme (PMS) – Deduction of PMS fee is not allowable as it is not a transfer fee, nor cost of acquisition/improvement.[ S.45 ]