Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Anjana Construction v. ACIT (2025) 128 ITR 148 (Jodhpur)(Trib.)

S. 68: Cash credits-Partner’s capital contribution –Partner was assessed to tax, and the source of the capital contribution was proved-Addition in the hands of the firm was not sustainable.

East Delhi Leasing (P.) Ltd. v. ITO [2025] 128 ITR 6 (Delhi) (Trib)

S. 56: Income from other sources-Issue of shares at premium -Fair Market Value -Discounted Cash Flow (DCF) Method -Amendment to valuation rules -Applicable to pending proceedings -Addition was deleted. [S. 56(2)(viib), R.11UA (2)(b)]

Rajni Kumar v. ITO (2025) 128 ITR 246 // 178 taxmann.com 543 / 237 TTJ 73 (UO) (Delhi)(Trib.).

S.54F: Capital gains-Investment in a residential house-Delay in completion of construction due to circumstances beyond assessee’s control -Exemption allowable. [S. 45]

Shree Sai Constructions v. Dy. CIT, NFAC (2025) 128 ITR 441 (Mum.)(Trib.).

S. 45(5A): Capital gains -Joint Development Agreement -No taxation of consideration which had not accrued -Matter remanded-Delay of 458 in filing the appeal was condoned. [S. 2(47)(v),45, 56(2)(x), 254(1), Transfer of Property Act, 1882, S. 53A]

Snehlata Goel (Mrs) v. DCIT [2025] 180 taxmann.com 364(2026) 134 ITR 11 (Mum)(Trib)

S.45: Capital gains -Capital asset -Agricultural land-Tests to be applied-Whether land qualifies as agricultural land is a question of fact requiring cumulative consideration of multiple factors-Mere mention of agricultural land in revenue records is not sufficient if the land is not actually used for agriculture or is sold for non-agricultural purposes-Matter remanded. [S. 2(14)(iii)]

QAI India Ltd. v. Dy. CIT (2025) 128 ITR 445 (Delhi)(Trib.).

S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Fees for technical services-Services rendered and utilised outside India -No tax deductible at source -Disallowance was deleted. [S. 9(1)(vii)(b), 195]

Shapoorji Pallonji Energy (Gujarat) (P.) Ltd. v. Dy. CIT (2025) 128 ITR 427 (Trib.).

S. 37(1): Business expenditure -Business set up but not commenced -Expenditure allowable after setting up of business. [S. 4, 28, 56, 57(iii)]

Sarvodaya Mining Services v. Asst. CIT (2025) 128 ITR 267 (Jodhpur)(Trib.).

S. 37(1): Business expenditure -Ad hoc disallowance -No defect in books of account or audited accounts -Disallowance not sustainable. [S. 44AB, 145]

Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi) (Trib.)

S. 37(1): Business expenditure-Foreign exchange fluctuation loss -Mark-to-market loss -Reinstatement of assets and liabilities -Allowable as a deduction. [S.28(1)]

Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi)(Trib.)

S.37(1): Business expenditure-Grants-in-aid -Expenditure for promotion of housing and urban development -Allowable as a deduction.