Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ITO v. M.D. House Build. (2023) 199 ITD 153 (Surat) (Trib.)

S. 68 : Cash credits-Purchase of material-Payments were made in subsequent years-Deletion of addition is affirmed. [S. 133(6)]

BST Infratech Ltd. v. DCIT (2023) 199 ITD 6 (Kol) (Trib.)

S. 68 : Cash credits-Share application money-Share premium-Share holders had sufficient fund-Addition is deleted.

Sagitarius Securities (P.) Ltd. v. ITO (2023) 199 ITD 809/221 TTJ 545 (Delhi) (Trib.)

S. 56 : Income from other sources-Share premium-Issue of shares-Not based on audited balance sheet-Fair market value drawn by the Assessing Officer on the basis of Audit Balance sheet could not be faulted.[R. 11UA]

Ranjit Shivram Raut. v. ITO (2023) 199 ITD 98 (Mum) (Trib.)

S. 56 : Income from other sources-Purchase of plots of land at lower price than determined by DVO-Not stock in trade-Provision is applicable-Payment made on cash-Failed to substantiate the cash payment-Credit cannot be given-Estimate by Valuation Officer-Encroachment-DVO is directed to consider the impact of encroachment on land if not already considered in valuation report. [S. 56(2)(vii)(b), 142A]

D. Vijayalakshmi. (Mrs.) v. ITO (2023) 199 ITD 797 (Chennai) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Purchase of land-Using advance received with respect to sale of property-Deduction cannot be denied merely because sale deed for sold out property was executed beyond period of a year.[S. 45]

Surendra Babu Sabbineni. v. DCIT (2023) 199 ITD 544/ 222 TTJ 206/ 223 DTR 153 (Hyd) (Trib.)

S.54F : Capital gains-Investment in a residential house-More than one residential property on date of transfer of capital asset-Not entitle to deduction.[S. 45]

MHM Holding (P.) Ltd. v. ACIT (2023) 199 ITD 265 (Bang) (Trib.)

S. 50B : Capital gains-Slump sale-Failure to examine evidence-Matter remanded.[S. 2(42C)]

ITO v. Brizeal Realtors and Developers LLP. (2023) 199 ITD 208 (Mum) (Trib.)

S. 47(xiiib) : capital gains-Transaction not regarded as transfer-Capital gains-Conversion of firm in to LLP-Good will-Books of account of predecessor company did not include goodwill in accumulated profits, there was no violation of clauses (c) and (f) of section 47(xiiib) and additions made under section 45 treating assessee to be in violation of clauses (c) and (f) of section 47 could not be sustained.[S. 45]

ACIT v. Sarojini B. Nair. (Smt.) (2023) 199 ITD 538 (Chennai) (Trib.)

S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade-Land converted into stock-in trade-Earmarked land for road and other common amenities purpose in terms of municipal regulations-No transfer-Neither capital gains nor business profits.[S. 45, 47 (iii)]

Sobhi Lal Saini. v. ACIT (2023) 199 ITD 794 (Delhi) (Trib.)

S. 45 : Capital gains-Land situated within jurisdiction of municipality and population was more than 10,000-Not an agricultural land-Sale proceed out of compulsory acquisition of land was not exempt under section 10(37). [S. 2(14)(iii)(a), 10 (37), Land Acquisition Act, 1894 ]