Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT (Central) v. Regent Beers & Wines Ltd. (2023) 295 Taxman 565 (MP)(HC)

S. 69 : Unexplained investments-Undisclosed liability-Deletion of addition by the Tribunal is affirmed. [S.69A, 69B, 69C, 132]

CIT v. Deepsons Southened (2023) 295 Taxman 506 (Delhi)(HC)

S. 69 : Unexplained investments-Capital-Loan-No incriminating material was found-Block assessment order-Deletion of addition by the Tribunal is affirmed by the High Court on merit. [S. 68, 148, 260A]

PCIT, Central v. Surya Agrotech Infrastructure Ltd. (2023) 295 Taxman 745 (Delhi)(HC)

S. 68 : Cash credits-Settlement Commission-Undisclosed income-Bogus share capital-Undisclosed income taxed in the assessment of flagship company-Deletion of addition by the Tribunal is affirmed. [S. 132(4), 245D, 260A]

PCIT v. Minda SM Technocast (P.) Ltd. (2023) 295 Taxman 517/ 334 CTR 920 / (2024) 460 ITR 7 (Delhi)(HC)

S. 56 : Income from other sources-Valuation of shares-Book value of assets-.Formula adopted by the Assessing Officer is not applicable to the relevant assessment year-Order of Tribunal deleting the addition is affirmed by the High Court. [S. 56(2)(viib), R.11UA]

Hemant Dinkar Kandlur v. CIT (IT) (2023) 295 Taxman 644 /(2024) 462 ITR 67 /337 CTR 991(Bom.)(HC)

S. 54F : Capital gains-Investment in a residential house-Non-resident India-Sale of residential flat-Invested sale proceeds from same, in a residential house in USA within specified period-Entitle to exemption-Amendment in section 54F by Finance (no.2) Act of 2014 imposing condition that assessee should invest sale proceeds arising out of a sale of capital asset in a residential property situated ‘in India’ within stipulated period is prospective in nature-Rejection of revision application is not valid-Entitle to exemption..Interpretation – Legistaive intend – Amending the provision- Retrospectivity – Not unless expressly stated and clearly implied .[S. 5(2), 139(5), 143(1), 254, 264, Art. 226]

Bahadur Singh v. CIT (Appeals) (2023) 154 taxmann.com 456 (P& H)(HC) Editorial: SLP dimissed, Bahadur Singh v. CIT (Appeals) (2023) 295 Taxman 313 (SC)

S. 54B : Capital gains-Land used for agricultural purposes-Purchased land in name of wife-Not entitle to exemption. [S. 45]

Bahadur Singh v. CIT (Appeals) (2023) 295 Taxman 313 (SC) Editorial: Bahadur Singh v. CIT (Appeals) (2023) 154 taxmann.com 456 (P& H)(HC)

S. 54B : Capital gains-Land used for agricultural purposes-Purchased land in name of wife-Not entitle to exemption-Order of High Court affirjed-SLP dismissed. [S. 45]

PCIT v. Mamta Rajivkumar Agarwal (2023) 295 Taxman 512/(2024) 471 ITR 91 (Guj.)(HC)

S. 45 : Capital gains-Long term capital gains from equities-Penny stocks-Shares of Shree Nath Commercial and Finance Ltd-No evidence available on record suggesting that assessee or his broker was involved in rigging up of price of script-Order of Tribunal allowing the exemption is affirmed.[S. 10(38),56, 260A]

Harbour View v. CIT (2023) 295 Taxman 405 //(2024) 460 ITR 493 (SC) Editorial: SLP dismissed, CIT v. Harbour View (2018) 409 ITR 599/ 261 Taxman 330 (Ker)(HC)

S. 45 : Capital gains-Transfer-Possession was handed over-Subsequent termination of contract by mutual consent and returned back the sale consideration received-Liable to capital gains tax in the year of handing over of possession of property-Benefit of the tax scheme (Vivad se Vishwas Scheme-SLP dismissed. [S. 2(47)(v), Transfer of Property Act,1929, S.53A,Registation Act 1908, 17(1A)]

PCIT v. Heavy Engineering Corporation Ltd. (2023) 295 Taxman 349 (Jharkhand)(HC)

S. 43B : Certain deductions only on actual payment-Leave travel allowance-Provision of section 43B(f) is would not apply.[S.43B(f)]