Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Wagra Taluka Co-Operative Marketing and Processing Society Ltd. v. ITO (2022) 99 ITR 8 (SN) (Surat)(Trib.)

S. 45 : Capital gains-Cost of acquisition-Value as on 1-4-1981-Departmental Valuation Officer adopting rate of Rs. 21 Per square metre average of three sale instances of land-Assessee adopting rate at Rs. 25.69 Per Square metre-Reasonable and accepted. S. 49]

E. Murugan v. ITO (2022)99 ITR 31 (SN)(Chennai) (Trib)

S. 45 : Capital gains-Compulsory Acquisition of property-Co-owners-Matter remanded [S. 54F, Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013, Tamil Nadu Highways Act, 2001]

Ravi Kumar Tirupati Parthasarathy v. Dy. CIT (2022)99 ITR 70 (SN) (Bang.)(Trib.)

S. 45 : Capital gains-Cost of acquisition-Paid to assignment holder-Assignment agreement not registered-Allowable as deduction-Matter remanded for verification. [S. 19, 144C]

Ambaben Jamubhai Patel v. ITO (2022) 219 TTJ 674 / 218 DTR 41 (Surat) (Trib)

S. 45 : Capital gains-Income from other sources-Compensation received for constructed property on compulsory acquisition of land-Assessable as a capital gain-Directed to treat 60 per cent as cost of acquisition-Reassessment was held to be valid. [S. 48, 147, 148]

Satish Zumberlal Firodia v. ITO (2022) 215 DTR 253 / 218 TTJ 836 (SMC) (Pune)(Trib)

S. 45 : Capital gains-Accrual-Unregistered sale deed-Registration-Reference to Departmental Valuation officer-Matter remanded-[S. 2(47), Registration Act, 1908, S. 17, 19, Transfer of Property Act, 1882. [S. 53A]

Dy. CIT v. Chandrakant L. Patel (2022) 197 ITD 1 / 220 TTJ 965 / 220 DTR 247 (Ahd)(Trib)

S. 45 : Capital gains-Transfer-Agricultural land-Partnership firm was not an agriculturist-Transfer is void ab initio-Not chargeable to capital gains tax. [S. 2(47), 45(2), 45(3), Gujarat Tenancy and Agricultural Lands Act, 1948, S. 2(8)]

Bishista Bagchi v. Dy. CIT (2022) 195 ITD 31 / 219 TTJ 1096 / 218 DTR 313 (SMC) (Kol)(Trib)

S. 45 : Capital gains-Insurance policy-Maturity value-Gains at time of extinguishment of rights-liable to be treated as capital gains-Cost of acquisition will be taken as amount paid towards premium minus 20 per cent of sum assured, which amount shall be treated as not part of investment, rather towards cost of hedging of risk under insurance policy. [S. 10(10D), 48, 56, 88(2A)]

Dy. CIT v. Piramal Enterprises Ltd. (2022) 216 TTJ 802 (Mum)(Trib)

S. 45 : Capital gains-Capital loss-Indexation-Loss on redemption of shares-Not colorable device-Allowable as capital loss.

Dy. CIT v. Piramal Enterprises Ltd. (2022) 216 TTJ 802 (Mum)(Trib)

S. 45 : Capital gains-Capital loss-Loss on sale of shares of joint venture companies-Capital loss incurred on sale of shares is allowable.

ACIT v. Gandhi Plastic Industries (2022) 98 ITR 87 (SN)(Mum) (Trib)

S. 45 : Capital gains-Business income or capital gains-Sale of Godown-Rental income was offered as income from house property-Profit on sale of Godown assessable as long term capital gains-Compensation for relinquishment of right to receive residential Flat under allotment letter-Assessable as capital gains-Interest expenses claimed as part of acquisition-Indexation cost-Matter remanded. [S. 28(i), 48]