Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Bhaskar Prataprai Shah. v. DCIT (2024) 206 ITD 625 (Mum) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Triplex Flat-Triplex flat purchased which had common living area, common kitchen and several rooms satisfied definition of a single residential unit and would qualify for exemption.[S. 45]

Kishore Bhagwandas Ramnani. v. ITO (2024) 111 ITR 148 / 206 ITD 491 (Mum) (Trib.)

S. 48 : Capital gains-Mode of Computation-Stamp duty and registration charges-Paid as per terms of agreement-Allowable as deduction-Remanded for verification. [S. 45]

Millie Dey v. ITO (2024) 206 ITD 787 (Kol.)(Trib.)

S. 45 : Capital gains-indexed cost-Value as per 1-4-1981-Capital loss-Indexed cost of acquisition of immovable property is higher than sale consideration-Long-term capital loss-Addition on account of LTCG is deleted. [S. 55(2)(i)]

Citicorp International Finance Corporation. v. ACIT (IT) (2024) 206 ITD 241 (Mum) (Trib.)

S. 45: Capital gains-Share purchase agreement-Long term or short term-Conditional sale and only upon fulfilment of conditions, date of contract of sale was to be crystallized-Effective date of transfer would be date of receipt of sale consideration-Held shares for more than 12 months, shares were to be treated as long-term capital assets liable to long-term capital gains-Addition on account of capital gain is deleted-Corresponding penalty levied under section 271(1)(c) is also quashed. [S. 2(29A) 2(42A), 10(38), 271(1)( c)]

Baker Hughes Energy Technology UK Ltd. v. ACIT (IT) (2024) 206 ITD 436 (Delhi) (Trib.)

S. 44BB : Mineral oils-Computation-Income deemed to accrue or arise in India-Business connection-Permanent Establishment-DTAA-India-UK [S.9(1)(i), Art. 5]

P.K. Parikh HUF. v. ITO (2024) 206 ITD 333 (Ahd) (Trib.)

S.43B: Deductions on actual payment-Current liability-GST amount is paid before due date of filing of return-No disallowance can be made.[S. 44AB 139(1)]

Gyasuddin Qureshi v. ITO (2024) 206 ITD 156 (Delhi)(Trib.)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Wholesale trading of raw meat and animal wastes-Cash purchases below Rs. 20,000 each-Vendors lacking bank accounts and purchases being from remote areas-Disallowance is deleted.[R.6DD(e) (ii)]

Oravel Stays (P.) Ltd. v. ACIT (2024) 206 ITD 74 (Delhi)(Trib.)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Merchant agreement-Booking of hotel rooms through platform-Contractors-Sub contractors-Minimum guarantee payments to hotels-Not liable to deduct tax at source.[S.194C, 194J]

Isagro (Asia) Agrochemicals (P.) Ltd. v. DCIT (2024) 206 ITD 171 (Mum) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Advertisement, sales promotion and clinical trial-Matter is remanded to Assessing Officer to examine applicability of proviso to section 201(1) and whether in few cases TDS was required to be deducted or not. [S.40(a)(ia), 195, 201(1)]

ACIT (OSD) v. M.S. Khurana Engineering Ltd. (2024) 206 ITD 741 (Ahd) (Trib.)

S.37(1): Business expenditure-Capital or revenue-Share issue expenses-Preliminary expenses incurred for increase in authorized capital is capital in nature. [S. 35D]