Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ramesh Govindbhai Patel v .ITO ( 2020) 118 taxman. com 201 ( Ahd) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation – Addition cannot be made without referring the matter to DVO- Power of Attorney holder does not became the owner of property on signing the sale deed in the capacity as constituted attorney [ S.45 ]

CIT v. C. Ramaiah Reddy ( 2020) 272 Taxman 342/ 117 taxmann.com 540/ 192 DTR 425/ 316 CTR 370 ( Karn) (HC)

S. 45(2) : Capital gains – Conversion of a capital asset in to stock-in-trade – Asset received under family arrangement treated as stock in trade – Addition cannot be made as capital gains. [ S.2(14), 49(1)]

ITO v. Abdul Kayam Ahmed Moham Tamboli ( 2020) The Chamber’s Journal -August P. 119 ( Mum) (Trib)

S.45: Capital gains – Development rights – Business assets -Accrual of income – Provisions of Section 2(47) r.w.s 53A of the Transfer of property Act 1882 are not applicable to transfer of development rights held by assessee as business assets [ S. 2(47)(v),44AD, 145 , Transfer of Property Act , 1882 , S.53A]

Anik Industries Ltd v. DCIT ( 2020) 116 taxmann.com 385 ( Mum) (Trib)

S.45: Capital gains- Reduction in share capital- Compensation received by an existing partner on reduction of his share in the partnership firm is not liable gains tax [ S. 2(47), 4, 45(1) , 45(4)

ITO v. Sri Vasavi Polymers Pvt Ltd ( 2020) 2020] 117 taxmann.com 236 ( Vishakha) (Trib)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Waiver of loan is neither taxable u/s 41(1) nor u/s 28(v ) of the Act .[ S.28 (v) ]

Aspect Research & Management P. Ltd v. ITO ( 2020) The Chamber’s Journal – June -P 81 (Delhi) (Trib)

S. 37(1) : Business expenditure – Capital or revenue- Repair and renovation of leased premises – Revenue expenditure – Power of CIT (A) – Cannot travel beyond the direction of the ITAT order [ S.250, 254(1)]

Multitute Infrastructure Pvt Ltd v. Dy .CIT ( 2020) The Chamber’s Journal – March – P .123 ( Delhi) (Trib)

S. 37(1) : Business expenditure – One time payment of annual lease rent is held to be allowable as revenue expenditure

DCIT v. Repco Home Finance Pvt Ltd ( 2020) 83 ITR 530 / 183 ITD 782 / 117 taxmmann.com 233 ( Chennai) (Trib)

S. 36(1)(viii) : Eligible business – Business of providing long term finance for construction or purchase of houses in India – AO is directed to examine the issue [ S.254(1)

Osho Developers v .ACIT ( 2020) BCAJ-December -P 43/ www.itatonline.org ( Mum) (Trib)

S. 22 : Income from house property –Un sold flat held as stock in trade- Annual value Rental income assessable as business income- [ S.28(i)]

Nitesh Munje v .ACIT (2020) 78 ITR 14 (SN) (Indore ) (Trib)

S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –Unexplained cash —Not giving any plausible reply to satisfy search team or Assessing Officer during course of assessment proceedings — Levy of penalty is held to be justified.