Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Jyothi Waddera Labour Contract Co-Operative Society Ltd. v ITO (2020) 78 ITR 23 (SN) (Hyd) (Trib)

S. 80P : Co-operative societies – Contract works – Income earned from labour construction works — Entitled to deduction [ S. 80P(2)(A)(vi), Form 26AS ]

Balasinor Vikas Co-Operative Credit Society Ltd. v.Dy .CIT (2020) 78 ITR 15 (SN) (Ahd) (Trib) Shri Jalaram Mahila Co-Operative Credit Society Ltd. v. Dy. CIT (2020) 78 ITR 15 (SN) (Ahd) (Trib) Anand Catholic Co-Operative Credit Society Ltd. v. Dy. CIT (2020) 78 ITR 15 (SN) (Ahd) (Trib)

S. 80P : Co-operative societies -Interest earned from Scheduled Bank — Not deductible — Net interest from deposits with Scheduled Bank to be excluded-Interest from Co-Operative Bank Or Society — Deductible -Receipt from its members towards form fee —Deductible-Standard deduction — Allowable. [ S.80P(2)(a)(i), 80P(2)( c) , 80P(2)(d) ]

Century Link Technologies India Pvt. Ltd. v Dy. CIT (2020) 78 ITR 71 (SN) ( Bang) (Trib)

S. 80JJAA : Employment of new workmen –Provisions as existing before 1-4-2016 applicable to earlier years

R. G. Consultants P. Ltd. v. Dy. CIT (2020) 78 ITR 37 (SN) ( Delhi ) (Trib)

S. 69 :Unexplained investments -Undisclosed cash — Money changer -Information from police -—No defect in books of account – Addition on basis of suspicion and surmises – Held to be not justified. [ S.133A ]

Meenu Kapoor v .ACIT (2020) 78 ITR 53 (SN) (Delhi) (Trib)

S. 68 : Cash credits – Unsecured loans —Identity ,creditworthiness and genuineness of transaction established – Need not prove source of source – Addition is held to be not justified .

R. G. Consultants P. Ltd. v. Dy. CIT (2020) 78 ITR 37 (SN) ( Delhi ) (Trib)

S. 68 : Cash credits – Loans from directors or relatives – Permanent Account Number Details, Bank Statements, Confirmations And Copies Of Income-Tax Returns Of Lenders were furnished – No cash was deposited before issue of cheque – Addition is held to be not valid .

Nafisa Abizar Banatwala v. ITO (2020) 78 ITR 59 (SN)(Mum) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation Assessing Officer to get valuation done through District Valuation Officer-Matter remanded [ S. 45 ,50C(2) ]

ITO v. Pakki Prabhakar Rao And Others (2020) 78 ITR 52 ( SN) (Vishakha) (Trib)

S.45(5A): Capital gains- Joint development agreement -Area-Sharing agreement — Land owner required to pay tax on capital gains at time of entering into development agreement and giving possession of land to developer for construction — Consideration to landlord would be cost of construction to developer [ S.45 ]

ACIT v. Amartara P. Ltd. (2020) 78 ITR 46 (SN) (Mum) (Trib)

S. 45(3) : Capital gains – Transfer of capital asset to firm –Capital contribution —Amount recorded in books of account of firm deemed to be full value of consideration — Deeming fiction provided in S. 50C cannot be extended to compute full value — One deeming section cannot be extended by importing another deeming section [ S.45, 48 50C]

Raju Dayal Sahani v. ITO (2020) 78 ITR 35 ( SN) ( Mum) (Trib)

S.45: Capital gains — Long-term capital gains —Allotment letter – – Subsequent letter and premises ownership agreement — Improvement in rights which already created — Date of acquisition of right not date of registration but date of allotment letter — Holding of property more than 36 months — Assessable as long term capital gains – Entitled to Indexation benefit —Entitled to exemption on reinvestment in new flat [ S. 2(42A),54 , 54F ]