Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shri Ganadhiraj Co-Operative Housing Society v. Dy. CIT (2022) 99 ITR 5 (SN) (Mum)(Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Development rights-Transfer of development rights took place in Financial year 2000-01-Provisions of Section 50C inserted with effect from 1-4-2003 provision is not Applicable [S. 2(47)(ii), 45]

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

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Date of agreement to sell to be taken into consideration for stamp duty valuation-Matter remanded.[S.45]

Saireddy Pruthviraj Reddy v. ITO (2022) 219 TTJ 252 / 217 DTR 36 / 145 taxmann.com 459 (Hyd)(Trib)

S. 49 : Capital gains-Previous owner-Cost of acquisition-Gift-Received flat as a gift from mother-Cost of acquisition of flat in hands of mother would be deemed to be cost of acquisition in hands of assessee-The cost of acquisition could not mean cost perceived by mother at time of receiving flat. [S. 45]

Zuari Investments Ltd. v. ITO (2022) 209 DTR 313 / 215 TTJ 515 / 139 taxmann.com 92 (Delhi) (Trib)

S. 48 : Capital gains-Computation-Borrowings (ICDs) for acquisition of shares-Interest paid-Indexed interest cost-Added to the cost of acquisition. [S. 45]

ACIT v. Amarjeet Singh (Decd.) (2022)95 ITR 62 (SN)(Delhi)(Trib)

S. 45 : Capital gains-Registration of sale deed-Possession not handed over-Matter remanded to CIT(A). [S.2(47)(v)]

Steel Authority of India Employees’ Co-Operative Credit Society Ltd. v. ACIT (2022)96 ITR 599 (Kol)(Trib)

S. 45 : Capital gains-Business income-Mutual funds and shares-Rule Of Consistency followed-Assessing the income as business income was deleted. [Circular No. 6 of 2016, Dated 29-2-2016]

ITO v. Bimala Devi Singhania (Smt) (2022) 217 DTR 17 / 219 TTJ 229 / (2023) 146 taxmann.com 449 (Cuttack)(Trib). ITO v. Radheshyam Singhania 2022) 217 DTR 17 / 219 TTJ 229 / (2023) 146 taxmann.com 449 (Cuttack)(Trib).

S. 45 : Capital gains-Sale of shares-Long term capital gains-Survey-Penny stock-Denial of exemption is not valid. [S. 10(38), 56, 133A]

ITO v. Kirit Raojibhai Patel (2022) 217 TTJ 704 / 141 taxmann.com 172 (Mum)(Trib)

S. 45 : capital gains-Transferable development rights-Co-owned land-Cost of acquisitions-Assets having no cost of acquisition-Not chargeable as capital gains. [S. 2(14), 55, 56]

Sandipkumar Parsottambhai Patel v. ITO (2022) 217 TTJ 938 / 214 DTR 251 / 137 taxmann.com 373 (Surat)(Trib)

S. 45 : Capital gains-Sale of shares-Cash credits-Penny stocks-Accommodation entries-Survey-Search-No fault was found in the documents submitted by the assessee-Sale proceeds cannot be assessed as undisclosed income-Reassessment was quashed. [S. 10(38) 68, 132, 133, 147, 148]

ITO v. Mamta Rajivkumar Agarwal (Smt.) (2022) 100 ITR 17 (SN)(Ahd.)(Trib.)

S. 45 : Capital gains-Shares-Purchased through broker on recognised stock exchange-Sold through stock exchange-Paid Securities Transaction Tax-Denial of exemption is not justified. [S. 10(38)]