Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

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)]