Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

Atomstroyexport. v. DCIT (2024) 208 ITD 767 /115 ITR 30 (SN) (Mum)(Trib.)

S. 44BBB : Foreign companies-Civil construction-Turnkey power projects-Offshore supply contracts-Business profits-Income deemed to accrue or arise in India-Business connection-Contracts were carried out and concluded outside India, income received from offshore supply contracts would not be taxable in India-DTAA-India-Russia. [S. 9(1)(i), Art. 7]

Ganesh Ores (P.) Ltd. v. ACIT (2024) 208 ITD 114 / 232 TTJ 490 (Cuttack)(Trib.)

S. 43(5) : Speculative transaction-Loss from derivative transaction-Speculative transaction-Matter is restored to Assessing Officer to specifically examine same whether derivatives had been dealt with by assessee and whether such derivatives were transacted through recognised stock exchange as defined in section 43(5)(d).-Cash credits-Matter remanded. [S.43(5)(d), 43(5)(e)]

Western Outdoor Interactive (P.) Ltd. v. ACIT (2024) 208 ITD 608 (Mum.)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Export commission-Sales, marketing and customer support services rendered outside India by foreign agents-Cannot be treated as Fees for technical services-Not liable to deduct tax at source-DTAA-India-Korea.[S.9(1)(vii): Art. 13]

QAI India Ltd. v. DCIT (2024) 208 ITD 242 (Delhi) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Software training services outside India-Not required to deduct tax at source-OECD Model Convention, Article 12. [S. 9(1)(vii)(b), 195]