Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Centum Finance Ltd.  v. DCIT  (2025)  213 ITD 269 (Delhi)    (Trib.)

S. 56 : Income from other sources-Capital gains-Acquisition of agricultural land-Wrongly offered as income from other sources-Interest on enhanced compensation-Matter remanded to decide in accordance with law. [S. 10(37), 45, 143(1), Land Acquisition Act, 1894, S, 28, 34]

Clayking Minerals LLP v. ITO (2025) 213 ITD 1 (Ahd) (Trib.)

S. 56: Income from other sources-Agricultural land-Capital gains-Full value of consideration-Stamp valuation-Agricultural land is also covered under section 56 (2)(x)-When the value of land is disputed, the Assessing Officer ought to have referred the matter to the Departmental Valuation Officer (DVO)-Matter remanded. [S.2(14) 50C(2), 56(2)(10)]

Saurabh Khanna. v. ITO (2025) 213 ITD 479 (Delhi) (Trib)

S.54F: Capital gains-Investment in a residential house-Sale of shop in February, 2012-Booked flat in December, 2010-Purchase of residential Flat in April, 2016-Entitled to exemption if substantial payment for said flat was made during relevant period or within two years from date of sale of shop-Matter remanded. [S.45, 50C]

Ratan Mahendra Jain. (Mrs) v. ITO (2025) 213 ITD 58 (Mum) (Trib.)

S.54F: Capital gains-Investment in a residential house–Purchases–Duplex-Single deed-Entitled to exemption. [S. 45]

ITO v. Ajaib Singh. (2025) 213 ITD 613 (Amritsar) (Trib.)

S. 54B: Capital gains-Land used for agricultural purposes-land sold was used for agricultural activities for the last two years immediately preceding the date of transfer-Sale proceeds were also utilised for purchase of another land, which was again used for agricultural purposes-Exemption cannot be denied on the ground that after sale land was declared as non-agricultural by Stamp Duty Officer.[S. 45]

DCIT v. Tirupati Niryat (P.) Ltd. (2025) 213 ITD 513 (Kol) (Trib.)

S. 50C: Capital gains-Full value of consideration-Stamp valuation-Third proviso-Difference between value determined by DVO and consideration declared by assessee was less than 5 per cent of sale consideration-Would be entitled to the safe harbour rule of 5 per cent as per third proviso to section 50C.[S. 45]

Geotech Foundation and Constructions. v. ITO (2025) 213 ITD 565 (Cochin) (Trib.)

S. 45: Capital gains-Land-Compulsorily acquired-Guarantor-Overdraft facility-Compensation was first credited to assessee’s account and then transferred to sister concern’s bank account to discharge its overdraft-Application of income and not diversion by overriding title-Capital gains were taxable in assessee’s hands.[S. 4]

Hemantkumar Gajanan Lad. v. ITO (2025) 213 ITD 366 (Pune) (Trib.)

S. 45: Capital gains-Transfer of rights in plot of land-Following the order of the brother, the matter was remanded back to the Assessing Officer to decide the issue afresh. [S. 147, 148]

Sangita Ben Mardia. v. ITO (2025) 213 ITD 210 (Mum) (Trib.)

S. 45: Capital gains-Sale of shares-Accommodation entries-Sale through registered stockbroker-Copies of contract note filed-Genuine transaction-Denial of exemption was not justified-Allowed exemption-Addition was deleted.[S. 10(38, 69A, 147, 148]

Dharampal Saghera v. ITO (2025) 213 ITD 69/236 TTJ 92 (Chd.)(Trib.)

S. 45: Capital gains-Family settlement-Capital asset –Transfer-Gift-Relinquishment of possession-Civil suit-Compensation received assessable as capital gains and not income from other sources.[S. 2(14), 2(47), 54, 54EC, 56(2)]