Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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 ]

Catherene Thomas (Smt.) v . ACIT (2020) 78 ITR 18 (SN)( Cochin) (Trib)

S. 45 : Capital gains – Long-term capital gains — Transfer of land — Fair market value —As on 1-4 1981 was directed to be adopted .

Barnala Steel Industries Ltd. v JCIT (2020) 78 ITR 29(SN) (Delhi) (Trib)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – General remark that payment made in cash due to business exigencies is held to be not acceptable.[ R.6DD ]

Trans Freight Containers Ltd. v. Dy. CIT (2020) 78 ITR 5 (SN) (Mum) (Trib)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Professional fees-Recipient paying tax on payment made – Disallowance is held to be not justified .

Barnala Steel Industries Ltd. v JCIT (2020) 78 ITR 29(SN) (Delhi) (Trib)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Failure to deduct tax on interest paid on loan- Recipient had declared the interest in the return- The assessee is directed to substantiate that recipient has shown the interest in his return. [ S.194A, 201(IA) ]