Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dharmendra B. Patel v. Dy. CIT (2022)98 ITR 268 (Surat) (Trib)

S. 55 : Capital gains-Cost of improvement-Cost of acquisition-FMV as on 1-4-1981-Land situated in more appropriate location as compared to sale instance considered by DVO-FMV at Rs 607 per square meter for indexed cost of acquisition.[S. 45]

Bhag Chand Jain Through L/R Vikrant Kumar Jam v. Dy. CIT (2022) 220 DTR 129 / 220 TTJ 1139 / (2023)199 ITD 241 / 147 taxmann.com 170 (Jabalpur)(Trib)

S. 54F : Capital gains-Investment in a residential house-Sale of agricultural land and two flats-Purchase of plot for construction-Not entitle to exemption. [S. 45]

Arun Keshavrao Narwade (HUF) v. ITO (2022) 95 ITR 53 (SN) (Pune) (Trib)

S. 54F : Capital gains-Investment in a residential house-Purchase of office premises-Not residential premises-Not entitle exemption-Different survey number-Compromise deed-No connection with transfer-Not allowable as deduction [S.45, 48]

Munni Devi Agarwal (Smt.) v. ITO (2022) 99 ITR 177 (Jaipur) (Trib)

S. 54F : Capital gains-Investment in a residential house-Joint property-Factually incorrect finding-Matter remanded [S.45, 133(6)]

Kishor Ganpatrao Karande v. ITO (2022)100 ITR 67 (SN)(Pune) (Trib)

S. 54B : Capital gains-Land used for agricultural purposes-Acquisition by Government-Compensation-Offering capital gains to tax under mistaken belief-Addition denying the exemption was deleted. [S. 2(14)(iii)(b), 10(37), 139(1)]

ITO v. Babita Gupta (2022)100 ITR 252 (Delhi)(Trib)

S. 54B : Capital gains-Land used for agricultural purposes-Agricultural Land-Purchase of agricultural land in same year-Order of CIT(A) allowing the deduction was affirmed. [S. 45]

Jayawant Gajanan Sutar v. ITO (2022) 96 ITR 3 (SN) (Pune) (Trib)

S. 54 : Capital gains-Profit on sale of property used for residence-Purchase of residential unit in name of assessee’s wife-Not entitled to exemption. [S. 45]

Mohd. Shakeel Quadri and v. ITO (2022)97 ITR 52 (SN)(Hyd)(Trib) Mohd. Layeeq v. ITO (2022) 97 ITR 52 (SN)(Hyd)(Trib)

S. 54 : Capital gains-Profit on sale of property used for residence-Possession more than three years-Documents showing rental income not verified by department-Matter remanded [S. 45]

Ushaben Ambalal Oza v. ITO (2022)96 ITR 46 (SN)(Ahd) (Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Department Valuation-Objection of assessee was not considered-Matter remanded. [S. 45]

Akash Juneja v. ITO (2022)100 ITR 45 (SN) (Delhi)(Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Sale deed shown less than value for stamp duty purposes-Agreement to sale was entered earlier-Circle rate as on date of agreement to be taken-Amendment is clarificatory and has retrospective effect-Cost of improvement-No document was provided-Not allowable as deduction [S. 45, 48]