Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Prem Chand Jain v. ACIT (2020) 183 ITD 372/ 82 ITR 522/ 194 DTR 37/207 TTJ 629 (Jaipur)(Trib.)

S. 56 : Income from other sources-Capital asset-Agricultural land-If agricultural land does not fall in definition of capital asset, difference between district level committee value and sales consideration cannot be brought to tax-Matter remanded. [S. 2(14)(iii), 56(2)(vii)(b)]

Harvansh Chawla v. ACIT (2020) 82 ITR 160 (Delhi)(Trib.)

S. 56 : Income from other sources-Notional interest-Security deposit-Only incomes falling under deeming provisions explicitly mentioned in Act can be brought to tax-Burden on revenue-Addition was deleted. [S. 4, 22]

Abhinav International P. Ltd. v. Dy.CIT (2020) 82 ITR 258 (Delhi)(Trib.)

S. 56 : Income from other sources-Valuation of shares-Premium on shares-If assessee can substantiate higher value than the Valuation as per Rules higher value should be considered-Matter remanded. [S. 56(2)(viib), R. 11UA]

Rohan Agarwal v. ACIT (2020)82 ITR 39 (Jaipur)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Purchase of land under four deeds and one land by different sale deed-Merged to single plot-construction of house-Eligible for exemption for entire investment. [S. 45]

Yogini Mohit Sahita v. ITO (2020)82 ITR 15 / 208 TTJ 741 / (2021) 197 DTR 388 (SMC) (Mum.)(Trib.)

S. 45 : Capital gains-Relative occupying a Flat on licence basis-Flat Sold after demise of occupier-Amounts received by assessee as consideration for not interfering in possession of transfer-Not chargeable to tax as capital gains-No transfer of tenancy rights. [S. 48]

Dy. CIT v. Punjab National Bank (2020) 82 ITR 95 (Delhi)(Trib.)

S. 43B : Deductions on actual payment-Contribution towards provision for pension fund-Allowable-Provision for leave encashment-Disallowance confirmed. [S. 43B(f)]

Kendrapara Co-Operative Bank Ltd. v. ACIT (2020) 82 ITR 188 (Cuttack)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Failure to deduct tax at source-Disallowance is restricted to thirty percent.

MakeMy Trip (India) Pvt. Ltd. v. Dy. CIT (2020) 82 ITR 71 (Delhi) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment of gateway charges and other bank charges-Matter remanded to the Assessing Office.

Suresh Khatri v. ITO (2020) 82 ITR 29 (Luck.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Shipping expenses in nature of freight-Agent acting on behalf of Non-Resident ship owner or Charterer-Not required to deduct tax at source. [S. 172, 194C, 195]

Suresh Khatri v. ITO (2020) 82 ITR 29 (Luck.)(Trib.)

S. 37(1) : Business expenditure-Books of account not rejected-No Ad hoc disallowance can be made.