Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Sunshine Infraestate (P). Ltd (2022) 139 taxmann.com 60/(2023) 221 TTJ 919 (All) (Trib)

S.68: Cash credits-Search and seizure-Addition is justified.[S.132, 153A]

Dy. CIT v. Venture Lighting India Ltd(2022) 195 ITD 109/ (2023)102 ITR 354 (Chennai)(Trib)

S. 56 : Income from other sources-Purchase of shares for consideration less than market value-Buy-Back of shares-Reduction of share capital-Does not amount to purchase or acquisition of any property-Addition is not justified.[S. 2(22)(d), 56(2)(viia), 115-O, R.11UA]

Popat Manaji Rahinj (Through Legal Heir Mr. Datta Popat Rahinj) v. ITO (2023) 151 taxmann.com 257 /221 DTR 433 /221 TTJ 668(Pune) (Trib)

S.54B: : Capital gains-Land used for agricultural purposes-AO made addition as per unexplained cash deposits-Deduction not available-Cash deposit in bank-Addition is justified.[S.45, 69]

Rajesh Kumar Gupta v. ACIT (2023) 102 ITR 259 (Chd.)(Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Reference to DVO-Assessing Officer ought to have referred the matter to the district valuation officer to get the market value of the property, applying a circle rate meant for commercial property-Addition deleted. [S.55A]

ACIT v. Chandravadan Desai (2023) 221 TTJ 658/221 DTR 359 (Kol) (Trib)

S.45: Capital gains-Business income-If during preceding years, returned income had been accepted as assessed income without reclassification of income then during the previous year under consideration income by way of capital gains cannot be reclassified into business income. [S.28(i)]

Pravin C. Bokadia v. ITO (2023) 102 ITR 43 (Mum)(Trib.)

S. 45 : Capital gains-Penny stock-Sale of shares-No evidence to prove that assessee directly involved in price manipulation of shares-Addition based on surmise, suspicion, and conjecture and by making baseless allegations, assessee entitled to exemption. [S.10(38), 68]

ACIT v. Privi Speciality Chemicals Ltd. (2023) 152 taxmann.com 105 / 102 ITR 1 (SN)/ 222 TTJ 367(Mum) (Trib)

S. 45 : Capital gains-Charge of tax-Convertible preference shares-Preference shares transferred by original allottees-Shares redeemed and issue of equity shares by assessee against credit to security premium account-Gains on conversion of preference shares into equity shares accrue in hands of shareholder-Not in hands of assessee. [S. 2(47)]

Oriental Insurance Co. Ltd. v. Dy. CIT (LTU) (2023)102 ITR 122 (Delhi)(Trib)

S. 45 : Capital gains-Long-term capital gains from equity shares-Securities transaction tax paid-Entitle for exemption-Depreciation-Matter remanded. [S.10(38), 44, Sch.I.R.5(B)]

Madhya Gujarat Vij Company Ltd. v. ACIT (2023)102 ITR 56 (SN) (Ahd.)(Trib.)

S.43B: Deductions on actual payment-Deduction allowed in the year in which the Assessee settles the outstanding electricity dues by way of payment out of the government grants, which is provided for the very purpose of aiding settlement.[S.145]

West Bengal Power Development Corporation Ltd. v.Dy. CIT (2023)102 ITR 453 (Kol)(Trib)

S.43B: Deductions on actual payment-Interest capitalised and not charged to profits-Work in progress-Disallowance could not be made. [S.37(1), 139(1)]