Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shipra Estates Ltd & Jai Krishna Estate Developers Pvt Ltd v .ACIT (2024) BCAJ – July -P. 38 ( Delhi)( Trib)

S. 80IB(10) : Housing projects- The area of balconies open to sky is not to be considered as part of built -up area of a particular residential unit – Denial of exemption is not justified – Project completion method regularly followed cannot be rejected .[ S. 145 ]

Kamal Chand Sisodiya v.ITO ( 2024) 167 taxmann.com 671 ( Indore )( Trib)

S. 69A : Unexplained money -Frequent cash withdrawals and deposit – Only peak shortage could be added as unexplained under section 69A .

Deepak Setia v. Dy.CIT ( 2023) 106 ITR 125 ( Amritsar ) (Trib)

S. 69A : Unexplained money – Assessing the miscellaneous business income as income from other sources and applying the special rate as per section 115BBE is not justified . [ S. 115BBE ]

Ketan Prabhulal Dalsanaiya v .DCIT( 2024 ) BCAJ – May – P. 47 ( Rajkot)( Trib)

S. 64 : Clubbing of income – Spouse – Income returned and assessed in the hands of wife can not be again be taxed in the hands of the husband by invoking section. 64(1)(ii) of the Act . [ S. 64(1)(ii), 153A ]

Tamojit Das v. ITO ( 2024) BCAJ – November -P. 49 (Kol)( Trib)

S. 56 : Income from other sources -Allotment letter issued by developer constitute an agreement for the purpose of proviso to section 56(2)(vii)( b) – Addition is deleted. [ S. 56(2)(vii)(b) ]

Rekha Singh v.ITO ( 2024)BCAJ – February – P 41 ( Mum)( Trib)

S. 56 : Income from other sources – Stamp valuation-Date of agreement – Part consideration was paid by Co -owner on or before the date of the agreement – Stamp duty as on the date of boking of the flat to be considered – The date of registration and who has made the payment is immaterial -Addition is deleted.[ S.56(2)(viib) ]

Lalit Kumar Kalwar v .ITO ( 2023) 106 ITR 373 ( Jaipur )( Trib)

S.54F : Capital gains- Investment in a residential house – Entire actual consideration was invested in purchase of under consideration of residential house – Capital gain is exempt – Provision of section 50C is not applicable .[ S. 45, 48 , 50C , 54F(4)]

Krishnamurthy Thiagarajan v.ACIT ([2024] 164 taxmann.com 550 (Mum)( Trib)

S. 48 : Capital gains –Mode of Computation -Transfer of securities – Management fees is allowable as deduction while computing capital gains . [ S. 45]

Alagappa Muthiah HUF v. DCIT ( 2024) BCAJ – October -P. 54 ( Bang)( Trib)

S. 45 : Capital gains -Taxable in the year in which possession of constructed premises was received by the assessee and not in the earlier year when occupancy certificate was granted – Section 45(5A) which has been introduced w.e.f. 1-4- 2018 applies w.e.f. AY. 2018 -19 and not AY. 2017 -18 -Fair market value deemed to be full value of consideration in certain shares – Value of consideration- Full value of the consideration should be computed on the basis of guideline value of land or building that is transferred / received on development and not cost of construction reported by the developer as the said report was not supported by supporting documents . [ S. 45(5A) ,48, 50C, 50D ]

K.P.Mohamed Ali v .ITO ( 2024) BCAJ- March – P. 34 ( Cochin )( Trib)

S. 45 : Capital gains – Transfer – Development agreement – Irrevocable power of attorney – Registration of a contract is not relevant for in the case of section 2(47)(v) – Transferred 62 percent of land to a developer in exchange of 38 percent of the developed area to be constructed under an unregistered joint development agreement – transaction is liable to capital gains under section 2(47)(vi) in the year of agreement – Matter remanded for determination of cost of acquisition .[ S. 2(47)(vi) , 48, 50C, Transfer of Property Act , 1882 , S 53A ]