Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kristina Nathabhai Krichchan v .Dy. CIT (2023) 154 taxmann.com 102 / 105 ITR 44 (Surat) (SN)(Trib)

S. 54B : Capital gains-Land used for agricultural purposes-Documents on basis of which assessee purchased land valid and enforceable in law, disallowance of exemption for want of registration of land not sustainable. [S. 45]

Surta Ram v.ITO [(2013) 201 ITD 459 (Chd) (Trib)

S. 54B : Capital gains-Land used for agricultural purposes-Purchasing of agricultural land in the name of third person (i.e. wife)-Not entitled to claim exemption. [S. 45]

ITO v. Bharatkumar Laljibhai Tejani (2023) 201 ITD 550 (Surat)(Trib)

S. 54B : Capital gains-Land used for agricultural purposes-Order of CIT(A), allowing the claim is affirmed. [S. 45]

Mohamed Ibrahim v. ITO (IT) (2023)103 ITR 329 (Chennai)(Trib)

S. 54 : Capital gains-Profit on sale of property used for residence-AO deputed inspector for inspecting the property-AO made the deduction as per the inspector report and added the rest income to be taxed-Assessee contented that the two units were not independent-Held, the two units were separated residential houses. [S. 45]

M. M. Pandit HUF v. ACIT (2023) 201 ITD 104 (Lucknow)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Bonafide mistake-Claim made under section 54F-Entitled to avail the benefit. [S. 45, 54F]

Shrim Software P. Ltd. v. ACIT (2023) 103 ITR 28 (SN)(Delhi) (Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Reference to District Valuation Officer-Determined value higher than consideration but less than stamp duty value-Remanded to the AO to re-determine the fair market value with specific directions. [S.45]

ACIT v. Thomson Press (India) Ltd. (Delhi) 202 ITD 149 (Delhi)(Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Date of agreement to sell-Date of registration-Amendment by way of Finance Act, 2016 effective from 01.04.2017-insertion of proviso to S. 50C(1) is clarificatory in nature-Applicable on pending matters-Sale value lesser than stamp duty valuation-addition made by the AO is deleted. [S. 45]

Ahmed Ali Khan v. ITO (2023) 200 ITD 707 (SMC) (Jaipur)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Additional ground is admitted-Matter remanded to the CIT(A).[S.. 45]

R. Mohan v. ITO (2023) 200 ITD 98 (Chennai)(Trib.)

S. 49 : Capital gains-Previous owner-Cost of acquisition-Release deed-Indexation-Property acquired through the release deed-Indexation only from the date of execution of the release deed.[S. 45, 48]

ITO v. Sohrab Fali Mehta (2023) 200 ITD 694(Mum)(Trib)

S. 49 : Capital gains-Mode of Computation-Indexed cost-Acquired under will-Previous owner-Computed with respect to year in which previous owner first held asset and not in year in which assessee became owner of asset-Brokerage and commission-Legal expenses-Allowable as deduction-Payment of compensation to vacate the premises-Allowable as deduction. [S. 45, 48]