Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sanjay Kaul. v. ITO (2020) 181 ITD 146 / 206 TTJ 176 /82 ITR 441 / 191 DTR 60 (Delhi) (Trib.) Editorial : Affirmed in Sanjay Kaul v. PCIT ( 2020) 427 ITR 63/ 274 Taxman 301/ 119 taxmann.com 470/193 DTR 57/ 316 CTR 337

S. 68 : Cash credits – Accommodation entries – Tax Avoidance- Bogus short term capital loss- Addition is held to be justified .[ S.45 ]

Sujauddian kasimsab Sayyed. v ITO (2020) 181 ITD 564 (Mum) (Trib.)

S.56: Income from other sources- Immovable property is considered to be transferred on date of execution of registered document and not on date of delivery of possession- Rectification of mistake – Tribunal has no power of review . [ S.56(2) (vii) (b), 254(2) ]

Govind Kumar, Khemka. v. ACIT (2020) 181 ITD 586 / 193 DTR 341/ 207 TTJ 393 (Delhi) (Trib.)

S. 56 : Income from other sources- Family settlement – Release deed Property from his brothers on account of Family Settlement- No commercial transaction addition cannot be as income from other sources [ S.56(2) (vii) (b) ]

Clearview Healthcare (P.) Ltd. v. ITO (2020) 181 ITD 141/ 185 DTR 369 77 ITR 39 (S.N.)/ 203 TTJ 349 (Delhi) (Trib)

S. 56 : Income from other sources – Sale of shares to non-resident – Valuation of shares- Share premium in excess of value of shares as determined under rule 11UA cannot be assessed as income of the assesseee. [ S.56(2) (viib) ,R.11UA ]

Vodafone M-Pesa Ltd . v. DCIT (2020) 181 ITD 242 (Mum) (Trib.)

S.56: Income from other sources – Market value of shares -Share premium- Discount cash flow method (DCF ) –Valuation by merchant banker – Revenue authorities cannot evaluate accuracy of valuation at time of assessment-Addition was deleted .[ 56(2)(viib) , R.IIUA ]

Mohammadanif Sultanali Pradhan. v. DCIT (2020) 181 ITD 238 / 194 DTR 348 / 207 TTJ 1128 (Ahd) (Trib.)

S.54F : Capital gains- Investment in a residential house -Two bungalows located adjacent to each other and used as one residential unit – Entitle to exemption [ S. 45 ]

Ravi Jalan. v. DCIT (2020) 181 ITD 284 / 193 DTR 175/ 207 TTJ 38(Kol) (Trib.)

S. 47(xiv) : Capital gains – Transaction not regarded as transfer – Sole proprietary concern succeeded by a company – Full value of consideration received on sale were same figure, no capital gains had accrued or were received- Capital gains cannot be levied- Provisions of section 56(2)(vii)(c) are not applicable when subject matter of transfer is immovable property. [ S.45 56(2)(vii) (c ) Rule 11U ]

Swati Luthra v. ITO (2019) 76 ITR 432 / (2020) 181 ITD 603 (Delhi) (Trib.)

S.45: Capital gains- Sale of shares – STT paid – Sale of shares through a registered share broker in a recognised stock exchange – Addition cannot be made as cash credits – Entitle to exemption [ S.10(38) 68 ]

New Kalpana Ent Udyog v. ITO (2020) 181 ITD 507 (Agra) (Trib.)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Truck drivers and agents – After banking hours at a village there was no banking facilities – Disallowance is held to be not justified [ R.6DD ]

Nokia India (P.) Ltd. v. DCIT (2020) 181 ITD 645 /114 taxmann.com 442 (Delhi) (Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Principal to Principal- Supply of cellular mobile phones, benefit extended to distributors could not be treated as commission liable for withholding tax under S, 194H or u/s 194J of the Act . [ S.194H, 194J ]