S. 68: Cash credits-Long-term capital gains-Accommodation entry-Off market-Paid cash-Sole transaction-Investigation report-Order of CIT(A) denying the exemption and assessing as cash credits affirmed.[S. 10(38), 45, 115BBE]
S. 68: Cash credits-Long-term capital gains-Accommodation entry-Off market-Paid cash-Sole transaction-Investigation report-Order of CIT(A) denying the exemption and assessing as cash credits affirmed.[S. 10(38), 45, 115BBE]
S. 68: Cash credits-Cash deposits in its bank-Demonetization period-Opening cash balance-Addition was deleted as cash credits read with section 115BBE of the Act. [S.115BBE]
S. 68: Cash credits-Sale of shares-Shares held for more than 19 years-Long-term capital gains cannot be assessed as cash credits-Entitled to exemption. [S. 10(38), 45]
S. 56: Income from other sources-Fixed deposit with bank-Assessable as income from other sources-Interest expenditure-, Deduction under section 57(iii) was to be allowed after examining the nexus of the same with interest income. [S 57 (iii)]
S. 56: Income from other sources-Share premium-valuation of unquoted shares-Order of CIT(A) deleting the addition is affirmed. [S.56(2), (viib), R. 11UA]
S.54F: Capital gains-Investment in a residential house-Sale of land-Investment in construction of a residential property-Bank transactions comprising both withdrawals and payments were demonstrably available in support of claim-Exemption could not be disallowed solely on the ground that supporting vouchers or bills were on plain paper or not in preferred form.[S. 45]
S.54F: Capital gains-Investment in a residential house-Sale of non-agricultural land-No deposit was made in the capital gains account-Expenditure incurred towards the construction of the house till the due date for filing of return under section 139(4) was to be allowed as deduction under section 54F-Matter remanded. [S. 45, 139 (4)]
S. 54B: Capital gains-Land used for agricultural purposes-Reinvestment-Additional sale consideration from an escrow account-Reinvested in new asset-Matter remanded for reverification.[S. 45]
S. 50C: Capital gains-Full value of consideration-Stamp valuation-DVO valued the property more than the Stamp Valuation Authority-Assessing Officer was required to accept the full value of consideration as per value determined by the Stamp Valuation Authority, i.e Rs 3.21 crores. [S.45, 50C(3)]
S. 48: Capital gains –Mode of Computation-Investment in mutual fund-JM Balanced Fund-Short-term capital loss-Supported by proper documents and recorded in books-Disallowance by Assessing Officer based on suspicion of manipulation was unsustainable-There was no SEBI action or direct evidence of collusion-Short-term capital loss was allowable. [S.45, 94(7), 133A]