S. 80-IB(10) : Housing project-Built-up area-Flower bed area, being below floor level, open to sky, outside residential unit and not habitable, cannot be included in “built-up area”-Cupboard projections already forming part of wall area, service area being common utility duct area, and window projections at sill level being unsafe/elevational features also not includible-Tribunal justified in directing allowance of deduction under section 80-IB(10)-Order affirmed. [S. 80-IB(14)(a), 260A]

S. 69A : Unexplained money-Income form undisclosed sources—Cash deposits in bank account-Demonetisation period—Bank account statement of last three financial years and return of her income for last six financial years-Allowing the appeal the Court held that the Assessing Officer ought to have been verified in terms of clauses 1.1 and 1.3 of CBDT Circular No. 3, dated 21-2-2017 before making addition,-Matter was remitted back to Assessing Officer to conduct verification and pass an order afresh. [S. 254(1), 260A]

S. 68 : Cash credits-Shares-Sale of property-DVO’s report estimating market value of property that was neither sold nor transferred by assessee-Incidence of tax, if any, would be confined to transacting parties-Addition affirmed by the Tribunal deleted.[S. 260A]

S.54F : Capital gains-Investment in a residential house-Agricultural land-Capital asset-Even if claim was not made in return-The Assessing Officer cannot reject the claim on technical ground-Matter remanded-Assessee had not adduced any evidence to prove agricultural activity and documents of Sub-Registrar’s office where sale deed was registered did not contain any endorsement as regards nature of property to be agricultural-Denial of exemption affirmed. [S. 2(14), 10 (37), 45, 260A]

S. 45 : Capital gains-Capital asset—Personal effects-Vintage car— Failed to provide evidence proving personal use of vintage car-Gain taxable as capital gains.[S. 2(14)]

S. 44AB : Audit of accounts-Business-Profession-Digital marketing—Digital marketing cannot be treated as profession-It should be treated as business—Turnover below 5 crores-Assessee was not therefore liable to file audit report in terms of proviso to s. 44AB(a).[S.28(i), Art. 226]

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Dead horses-Capital assets-Insurance claim-Capital receipts cannot be assessed under section 41(1) of the Act.[S.45]

S.14A : Disallowance of expenditure-Exempt income-Investments made and liquidated within year resulting in no opening or closing balances-Order of Tribunal deleting the ad hoc disallowance under section 14A at 10 percent of exempt income was affirmed. [S. 260A, R.8D]

S. 10(26AAA): Income of Sikkimese-Individual-Constitutional validity-—Expression “Sikkimese” has been defined only for the purpose of the Explanation to S. 10(26AAA)-Order of High Court dismissing the petition affirmed. [Art. 136, 271F(k)]

S. 4 : Charge of income-tax-Sales tax exemption from State Government-Subsidy held to be capital receipt, and High Court order on that issue affirmed-Income accrual-Duty drawback-Income does not accrue merely on export; Tribunal was justified in remanding matter for limited verification whether claim was accepted by authorities in relevant year-High Court erred in interfering with remand-Tribunal’s order restored.[S. 5, Art. 136]