Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ramdoss Ramvijay Kunar v. ITO(2022) 222 TTJ 39 (UO) (Chennai) (Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Objection by the Assessee-Matter remanded to the Assessing Officer to refer the matter to District Valuation Officer-Reassessment is held to be valid. [S. 45, 147, 148]

Muthu Daniel Ranjan v. ACIT(2023) 222 TTJ 498 (Chennai)(Trib)

S. 54F : Capital gains-Investment in a residential house-Date of agreement to be considered as date of sale-Amount paid for purchase of new property is more than the amount of sale consideration-Entitle to exemption. [S. 45]

Kiran Agrawal (Smt) v. ACIT (2023) 223 TTJ 626 (Raipur)(Trib)

S. 54F : Capital gains-Investment in a residential house-Deposit in specified account-Utilised before date specified under section 139(4)-Entitle to exemption-Refurnishing of new residential house-Habitable-Eligible for deduction [S. 45, 54F(4), 139(4)]

Kiran Agrawal (Smt) v. ACIT (2023) 223 TTJ 626 (Raipur)(Trib)

S. 48 : Capital gains-Mode of Computation-Registration expenses for sale of land-Brokerage-Allowable as deduction-Matter remanded to the Assessing Officer for verification. [S. 45]

Chennai Properties & Investments Ltd v. ACIT (2023) 222 TTJ 355 (Chennai )(Trib)

S. 45 : Capital gains-Property converted into stock in trade-Sale agreement entered into-General power of attorney-Sale is not registered-Sale is not complete on handing over of possession-Sale cannot be chargeable to capital gains tax. [S. 2(47)(v) 28(i), 153C, Transfer of Property Act,1882, S. 53A]

Dy. CIT v T. G. Chandrakumar (2023) 223 TTJ 469 / 152 taxmann. com 623 (Cochin )(Trib)

S. 45 : Capital gains-Search-Land dealings-Agreement for sale of land-Benamidar-Protective assessment-Executor of sale, and beneficiary of sale proceeds and other sellers were puppets controlled by assessee-Capital gains taxable in the hands of assessee. [S. 2(14), 2(47), 132,153C, 292C]

Euro Homes v. Dy. CIT(2023) TTJ 17 (UO) Trib)

S. 44AD :Presumptive basis-Incentive earned for achieving the sales target as per franchise agreement-Part of business turnover-Includible in turnover business-Not chargeable to tax under the head income from other sources-Reimbursement of expenses-Failure to file evidence-Income from house property-Not includible as gross receipts-Interest on fixed deposit-Income from other sources-Cannot be included in business receipts for estimating net profit under section. 44AD. [S. 22, 56, 194IB]

Infab Infrastucture (P) Ltd v. Dy. CIT(2023) 222 TTJ 421 (Ahd)(Trib)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Tax paid before due date of filing of return though beyond stipulated time limit-Cannot be disallowed. [S. 139(1)]

Desimus Financilals Ltd v. ITO (2023) 223 TTJ 232 (SMC) (Pune)(Trib)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Certificate by Chartered Accountant-Recipient included the income in their assessment-Certificate in Form No 26A is furnished-Disallowance is deleted-Cannot be treated as an assessee in default. [S. 194A, 201(1)]

Dy. CIT v. Ultratech Transmission (P. ) Ltd. [2023] 221 TTJ 760/151 taxmann. com 20 (Ahd)(Trib. )

S. 37(1): Business expenditure-Bogus sub-Contractor-10 percent disallowance is confirmed-Reassessment is affirmed. [S. 147, 148]