Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Harish Sharma v. ITO (2021) 207 DTR 475 (Chd.)(Trib.)

S. 68 : Cash credits-Nature and source fund in a notebook pertaining business concern-Addition cannot be assessed as undisclosed income Tax liability cannot be computed under section 115BBE of the Act. [S. 115BBE]

Mukul Gupta v. ITO (2021) 91 ITR 32 (SMC) (SN) (Delhi)(Trib.)

S. 57 : Income from other sources-Deductions-Interest-Chartered Accountant-Borrowing sum from firm in which he was partner paying interest and advancing sum to unrelated party at lower interest-Assessing Officer disallowing difference between interest earned and interest paid-Order is affirmed. [S. 56, 57(iii)]

Brash Steels Pvt. Ltd. v. ITO (2021) 91 ITR 19 (Delhi)(Trib.)

S. 56 : Income from other sources-Assessing Officer cannot ignore valuation report-Addition on presumptions and surmises-Addition was deleted. [S. 56(2)(viib), R. 11UA]

Dy. CIT v. Avigna Housing (P) Ltd. (2021) 209 TTJ 9 (UO) (Chennai) (Trib.)

S. 56 : Income from other sources-Valuation of shares-DCF method-Assessing Officer cannot change the valuation under net asset value-Order of CIT(A) deleting the addition was affirmed. [S. 56(2)(viib), R. 11UA]

ACIT v. SV Global Mill Ltd. (2021) 61 CCH 0466 / 213 TTJ 232/(2022) 212 DTR 265 (Chennai)(Trib.)

S. 56 : Income from other sources-Land acquisition-Interest on compensation exempt under section 96 of the Act-Not taxable under section 56(2)(vii) of the Act. [S. 10(37). 56(2)(viii), 145A(b), RFCTLAAR Act, 2013, S. 93]

Ganga Poorna Prasad v. ACIT (2021) 91 ITR 62 (SN) (Bang.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Joint property-Matter remanded. [S. 45]

Dipal Sureshbhai Patel v. ITO (2021) 211 TTJ 30 (UO) (Ahd.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Amount not deposited in a sperate capital gains account before due date of filing of return-Capital gain invested for acquiring another property with in specified u/s 54F of the Act-Entitle to exemption. [S. 45, 139(1)]

ITO v. Kidderpore Holdings Ltd. (2021) 213 TTJ 6 / 197 DTR 8 (Mum.)(Trib.)

S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade-All sales is recognised and taxed in the holding company-Addition cannot be made in the assessee. [S. 2(47), 45]

Sumitomo Corporation v. DCIT(IT) (2021) 213 TTJ 137 (Delhi)(Trib.)

S. 45 : Capital gains: Transfer of shares of Indian Company to non-resident-Sale consideration as per sale purchase agreement to be adopted-Conversion rate as per 11UA to be adopted-Matter remanded. [S.48, Rule 11UA]

Banwari Lal Sharma v. ITO, (2021) 62 CCH 0504 / 213 TTJ 307 (Jaipur)(Trib.)

S. 45 : Capital gains-Sale consideration-Valuation determined in respect of both the properties works out to less than 10% of the actual sale consideration as declared by the assessee-AO was directed to accept the sale consideration as declared by the assessee as per the two registered sale deeds. [S. 48, 50C]