Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Karamshi Karsan Bhavani v.ITO (2023)107 ITR 27 (Trib) (SN)(Rajkot) (Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation Long-term capital gains-Sale of immovable property-Difference in registered sale deed price and stamp duty valuation price of property sold-Rectify mistake new gift deed has been made on 15-2-2016, wherein mentioned that land transferred without any consideration-Gift deed, a self-serving document and could not be accepted-Addition is justified. [S. 45, 47(iii),56(2)(vii)]

Bombay Samachar P. Ltd. v. Asst. CIT (2023)107 ITR 57 (SN) (Mum)(Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Order set aside and matter restored to Assessing Officer for adjudication De novo after seeking valuation report from Valuation Officer.[S. 45,48, 50C(2)]

Sanmati Realtors P. Ltd. v. Asst. CIT (2023)107 ITR 376 (Delhi) (Trib)

S. 45 : Capital gains-Sale of land-Cost of improvement-Encroachments on land-Compensation for removal of encumbrance-Entitled to deduction.[S. 48]

Adani Power Ltd. v Assessing Officer (2023) 107 ITR 13 (SN) (Ahd.)(Trib.)

S. 43B : Deductions on actual payment-Bonus-Pre-existing liability paid in previous year-Not allowed in earlier years-Allowable in the year of payment. [S. 139, 145]

PCIT v. SVD Resins & Plastics Pvt. Ltd. (Bom)( HC) www.itatonline.org

S. 69C : Unexplained expenditure – Bogus purchases – Information from sales tax Department – Sales not doubted – Books of account not rejected – Order of Tribunal affirming the estimate of profit at 12. 5% of alleged bogus purchases are affirmed – Court also observed that , it is the solemn obligation and duty of the Income Tax Authorities and more particularly of the A.O. to undertake all necessary enquiry including to procure all the information on such transactions from the other departments / authorities so as to ascertain the correct facts and bring such transactions to tax. [ 133(6), 145 (3)]

Kartar Singh Chouhan v.ITO (2023)107 ITR 85 (SN)(Delhi)(Trib)

S. 37(1) : Business expenditure-Salary, Daily Allowance And Festival Expenses And Expenses On Telephone, Vehicle, General, Travelling, Business, Promotion, Staff Labour Cost Of Uniform-Estimate at 10 Per Cent is held to be reasonable-Failure to produce evidence-Disallowance is proper.[S.80C]

Electronica Machine Tools Ltd. v. Dy. CIT (2023)107 ITR 24 (SN) (Pune) (Trib)

S. 37(1) : Business expenditure-Bad debts and investment-Written off-Investment and loans and advances to subsidiary-Failure to establish commercial and business expediency for making investment in subsidiary-Disallowance is affirmed. [S. 36(1)(vii)]

Dy. CIT v. Agni Estates And Foundations P. Ltd. (2023)107 ITR 91 (SN) (2024) 204 ITD 249 (Chennai)(Trib)

S. 37(1) : Business expenditure-Paying sponsorship fees to college in terms of agreement-Logo used on stationery items and books-Commercial wisdom-Expenditure allowable.

Asst. CIT v. Jila Sahakari Kendriya Bank (2023) 107 ITR 629 (Indore)(Trib)

S. 37(1) : Business expenditure-Co-Operative Society-Banking business-Transfer of monies to funds-Overriding statute-Matter remanded to the Assessing Officer-Provision for standard assets-Allowable as deduction. [S. 36(1)(viia)]

Dy. CIT v. BPTP Ltd. (2023)107 ITR 75 (SN)(Delhi)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Real estate business-Borrowed capital not shown to be utilised for acquiring new unit, land or capital asset-Interest allowable as deduction. [S.43B]