Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Devi Sea Foods Ltd. (2020) 183 ITD 341 /191 DTR 1/206 TTJ 503 (Vishakha)(Trib.)

S. 50B : Capital gains-Slump sale-Windmills-Separate undertaking-Sale along with liabilities-Capital gains to be computed as capital slump sale. [S. 2(19), 2(42C), 45, 50, 80IA]

ACIT v. Ijyaraj Singh. (2020) 183 ITD 237 /207 TTJ 953 (Jaipur) (Trib.)

S. 48 : Capital gains-Cost of improvement-Development expenses incurred on land before its sale was required to put property in saleable condition would be allowable-Transfer of land along with wells, baories, road, boundary wall etc. as these were attached to land, proportionate cost of these structures against full value of consideration in terms of sale deed so executed would be allowable-Legal expenses incurred for filing of two court cases in respect of invalid sale deeds-Not allowable as deduction. [S. 45]

Suresh Kumar Agarwal v. ACIT (2020) 183 ITD 463 (Delhi) (Trib.)

S. 45 : Capital gains-Sale of shares-Long term capital gains-Purchase and sale of shares through security broker by online portal and, Securities transaction tax was also paid-Addition cannot be made as cash credits-Denial of exemption is not justified-Reassessment is held to be valid. [S. 10(38), 68, 147, 148]

Chandrashekar Naganagouda Patil v. DCIT (2020) 183 ITD 457/194 DTR 249/207 TTJ 762 (Bang.)(Trib.)

S. 45 : Capital gains-Relinquishing rights to claim specific performance by conveyance in respect to an immovable property-Assessable as capital gains and not as income from other sources [S. 2(14), 2(47), 56]

ACIT v. Ijyaraj Singh. (2020) 183 ITD 237 /207 TTJ 953 (Jaipur) (Trib.)

S. 45 : Capital gains-Transfer-Sale deed executed-Sale transaction could not materialise-Posted cheque issues dishonoured-Not liable to capital gain tax. [S. 2(47)(v)]

ITO v. Sri Vasavi Polymers (P.) Ltd. (2020) 183 ITD 586 (Vishakha)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Waiver of principal amount of loan-Not chargeable to tax.

ACIT v. Vishnu Apartments (P.) Ltd. (2020) 183 ITD 63/204 TTJ 33(UO) (Delhi)(Trib.)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Real estate development-Collaboration agreement-Financial and technical assistance-Commercial expediency-Disallowance is held to be not valid.

Texas Instruments (India) (P.) Ltd. v. ACIT (2020)183 ITD 7/ 195 DTR 347/207 TTJ 586 (Bang.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-lease rentals-lease under finance lease arrangement, no tax at source was to be deducted-Disallowance is held to be not valid. [S. 194C, 194I]

ACIT v. Padma Logistics & Khanij (P.) Ltd. (2020) 81 ITR 61 / 183 ITD 891 / 208 TTJ 67 (Kol.)(Trib.)

S. 37(1) : Business expenditure-Payment of rent allowable as revenue expenditure.

Pricewaterhouse Coopers (P.) Ltd. v. ACIT (2020) 183 ITD 354 (Kol.)(Trib.)

S. 37(1) : Business expenditure-Prepaid expenses-Matter remanded. [S. 145]