Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Leela Tourism and Heritage (P.) Ltd. v. ACIT (2024) 208 ITD 751 (Delhi) (Trib.)

S. 56 : Income from other sources-Valuation of shares-Valuation of shares of subsidiary company to determine FMV of holding company-DCF Method-Addition is deleted.[S.56(2)(viib), R.11UA(1)(c)(b)]

ITO v. Narendra Kumar Jain. (2024) 208 ITD 583 (Mum) (Trib.)

S. 56 : Income from other sources-Purchase of flat-Immovable property-Date of allotment-Value as on date of allotment had to be treated as stamp duty value for purpose of provision of section 56(2)(x)-At that time payment made was more than stamp duty value, no addition could be made.[S. 56(2)(x)]

A.S. Srinath (HUF) v. ITO (2024) 208 ITD 39/114 ITR 15 (SN) (Bang) (Trib.)

S. 56 : Income from other sources-Agricultural income-Increasing the expenditure on estimate basis-Addition is deleted.[S.10(1)]

Hasmukhbhai Makanbhai Padariya. v. ITO (2024) 208 ITD 322 / (2025) 223 TTJ 959(Rajkot) (Trib.)

S. 54G : Capital gains-Shifting of industrial undertaking from urban area-Firm-Partner-Partner in partnership firm-New investment in partnership firm-Eligible for exemption. [S. 45, Wealth-tax Act, 1957, S. 5(1)(iv)]

Basabdutta Dutta v. ITO (2024) 208 ITD 30 (Kol) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Purchase of residential plot for construction of house-Exemption can not be denied on ground of technical constraint that no permission was granted by ADDA to transfer land in name of assessee till date of investment-Income from other sources-Value of land-Difference in value of land given by DVO and value of land mentioned by assessee in transfer deed was less than 5 per cent, no addition was warranted on account of differential amount between value of land given by DVO and value of land. [S. 45, 56(2)(viib)]

Ramdas Sitaram Patil v. ACIT (2024) 208 ITD 620 (Pune) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Sale deed refers possession of property was taken on 31-3-2015-With within period of one year before date of sale of original asset-Covenants in sale deed executed and registered were conclusive in absence of any evidence to contrary-Entitled for deduction.[S.54F]

Om Prakash Thakur. v. ITO (2024) 208 ITD 50 (Delhi) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Cost of improvement-Expenditure incurred for habitable-Proper electrification, water facilities, wood work, glass work, etc-Allowable as deduction. [S. 45, 48]

ITO v. Ketaben Janakbhai Patel. (2024) 208 ITD 445 (Ahd) (Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Objection to valuation of property-Assessing officer is duty bound to refer matter to DVO in terms of Section 50C(2)[S. 45, 50C(2), 147, 148]

Shree Estates. v. ITO (2024) 208 ITD 287/231 TTJ 628/242 DTR 105 (Hyd.) (Trib.)

S. 45(4) : Capital gains-Distribution of capital asset-Dissolution of firm-Revaluation of asset-Crediting amount of said revaluation to partners’ capital account-Transfer-Profit or gain arising from transfer is taxable in hands of firm-, Fair market value fixed by stamp duty value authorities should be taken as deemed full value of consideration for purpose of section 48 of the Act. [S. 45, 48, 68]

Gunvantbhai Narandas Patel v. ITO (2024) 208 ITD 105 (Ahd.)(Trib.)

S. 45 : Capital gains-Capital asset-Family settlement-Right of possession agreement-Undisclosed sources-Matter is restored to file of Assessing Officer to examine aforesaid facts.[S. 2(14), 69]