Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


B. K. Rajanna v. ITO (2025) 210 ITD 677 (Bang.) (Trib.)

S. 68 : Cash credits – Demonetisation – Specified Bank notes – Sales – Matter remanded to the Assessing Officer .[ S. 115BBE ]

Karni Infraprojects (P) Ltd. v. ITO (2025) 233 TTJ 465 / 173 taxmann.com 576 (Kol) ( Trib)

S. 68: Cash credits – Share capital – Share premium – Assessee had demonstrated that subscribing companies were having adequate reserves and surpluses to invest- Addition is deleted .
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Manjulaben Himmatlal Jain v. ITO (2025) 233 TTJ 345 (Mum) ( Trib)

S. 56: Income from other sources – Stamp valuation- Allotment letter – Registration- AO made addition as stamp duty value more than consideration paid –Consideration paid was as per allotment latter and not date of registration – Entitled to the benefits of proviso to Section 56(2)(vii)(b). [ S. 56(2)(viib ), 143(2) ]

Vachaspati Sharma v. ITO (2025) 210 ITD 537 (Delhi) (Trib.)

S. 56: Income from other sources – Interest on compensation- Assessable as income from other sources . [ S.10(37), Land Acquisition Act , 1894 , S 28 ]

Parasmani Gems (P.) Ltd. v. Dy. CIT [2025] 210 ITD 215 (Ahd)(Trib.)

S. 56: Income from other sources – Share premium – Conversion of a loan into share capital does not exonerate the assessee from the application of S.56(2)(viib)- Addition is affirmed . [ S. 56(2)(viib) ]

Babubhai Ramanbhai Patel v. ITO (2025) 210 ITD 165 (Ahd.) (Trib.)

S. 56 : Income from other sources – Purchase of properties/payment of sale consideration & taking possession of property – Subsequent registration of sale Deed in the relevant AY – Addition deleted – Non-speaking order – Violation of principles of natural justice. [ S. 56(2)(x)(b) ]

Rajeev Vasudeva v. Dy. CIT [2025] 210 ITD 442 (Delhi)(Trib.)

S. 54F: Capital gains – -Investment in residential house – 50% ownership in property – Does not own more than one house at the time of the transfer of the original capital asset, would be entitled to claim the exemption u/s.54F, even if they lack absolute ownership of the property they are selling. [ S. 45 ]

Dhanraj Kochar (HUF) v. Dy.CIT (2025) 233 TTJ 636 (Chennai)( Trib))

S. 54 : Capital gains – Profit on sale of property used for residence – Property purchased by HUF – Through General Power of Attorney held by a coparcener – Held, valid transaction – Eligible for exemption . [ S. 45 ]

Dy.CIT v. Minal Urmil Shah (2025) 233 TTJ 805/ 211 ITD 136 / (Ahd) ( Trib)

S. 50C : Capital gains – Full value of consideration – Valuation for the purposes of Stamp Duty –Development rights – Assessee holding the land title in her name only for technical purposes – development rights of the land transferred to the partnership firm where assessee was a partner –.Assignment of development rights provision is not applicable . [ S. 45 ]

Saggar Parimmal . ITO ( Mum)( Trib ) (UR ) Ketan Kumar Sagar v. ITO (Mum ) (Trib) (UR)

S. 50C : Capital gains – Full value of consideration – Special provision for computation of full value consideration (Amendment) – difference between sale consideration and stamp duty – Stamp Duty Value of the Property purchase and Purchase consideration is less than the tolerance band of 10%- Provisions of Section 56(2)(x)- The assessee is entitled to the benefit of the tolerance limit of 6.56%. [ S. 56(2)(x ) ]