Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ITO v. Bharatkumar Laljibhai Tejani (2023) 201 ITD 550 (Surat)(Trib)

S. 54B : Capital gains-Land used for agricultural purposes-Order of CIT(A), allowing the claim is affirmed. [S. 45]

Mohamed Ibrahim v. ITO (IT) (2023)103 ITR 329 (Chennai)(Trib)

S. 54 : Capital gains-Profit on sale of property used for residence-AO deputed inspector for inspecting the property-AO made the deduction as per the inspector report and added the rest income to be taxed-Assessee contented that the two units were not independent-Held, the two units were separated residential houses. [S. 45]

M. M. Pandit HUF v. ACIT (2023) 201 ITD 104 (Lucknow)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Bonafide mistake-Claim made under section 54F-Entitled to avail the benefit. [S. 45, 54F]

Shrim Software P. Ltd. v. ACIT (2023) 103 ITR 28 (SN)(Delhi) (Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Reference to District Valuation Officer-Determined value higher than consideration but less than stamp duty value-Remanded to the AO to re-determine the fair market value with specific directions. [S.45]

ACIT v. Thomson Press (India) Ltd. (Delhi) 202 ITD 149 (Delhi)(Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Date of agreement to sell-Date of registration-Amendment by way of Finance Act, 2016 effective from 01.04.2017-insertion of proviso to S. 50C(1) is clarificatory in nature-Applicable on pending matters-Sale value lesser than stamp duty valuation-addition made by the AO is deleted. [S. 45]

Ahmed Ali Khan v. ITO (2023) 200 ITD 707 (SMC) (Jaipur)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Additional ground is admitted-Matter remanded to the CIT(A).[S.. 45]

R. Mohan v. ITO (2023) 200 ITD 98 (Chennai)(Trib.)

S. 49 : Capital gains-Previous owner-Cost of acquisition-Release deed-Indexation-Property acquired through the release deed-Indexation only from the date of execution of the release deed.[S. 45, 48]

ITO v. Sohrab Fali Mehta (2023) 200 ITD 694(Mum)(Trib)

S. 49 : Capital gains-Mode of Computation-Indexed cost-Acquired under will-Previous owner-Computed with respect to year in which previous owner first held asset and not in year in which assessee became owner of asset-Brokerage and commission-Legal expenses-Allowable as deduction-Payment of compensation to vacate the premises-Allowable as deduction. [S. 45, 48]

ITO v. Sigrun Holdings Ltd (Mum)(Trib)

S. 45 : Capital gains-Share Swap Transaction-The value of investments in SRL and the value of shares issued are at the same value on the assets and liabilities side, thus, there is no question of earning of any capital gain-Not liable to be taxed as short term capital gains. [S. 4]

Dinesh Devraj Ranka v. Addl. CIT [2023] 200 ITD 731 (Bang)(Trib.)

S. 45 : Capital gains-Joint development agreement (JDA)-Only permissible possession of land transferred to the developer while executing JDA-Ownership had not been transferred-, No taxable event happened-Not liable to capital gains taxation. [S. 2(47)(v), 48, Transfer of Property Act, 1882, S. 53A]