Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


S.A. Metro Plots (P.) Ltd. v. ITO (2022) 197 ITD 816 (Chennai) (Trib.)

S. 56 : Income from other sources-Valuation of converted compulsory convertible preference shares (CCPS) into equity shares-Shares at premium-Matter remanded for readjudication. [S. 56(2)(viib), R. 11UA]

ITO v. Mystical Infaratech (P.) Ltd. (2022) 197 ITD 794 (Mum.) (Trib.)

S. 56 : Income from other sources-Valuation of shares-Book value of liability shown in balance sheet has to be reduced for purpose of valuation and determination of FMV of unquoted equity shares. [Rule, 11UA]

VITP (P.) Ltd. v. DCIT (2022) 197 ITD 395 (Hyd.)(Trib.)

S. 56 : Income from other sources-Buying back of shares-Holding company-Capital redemption reserve-Addition cannot be made when the shares are brought back from holding company. [S. 56(2)(viia)]

Gundala Sarvottam Rao v. ITO (2022) 197 ITD 374 (Hyd.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Construction of building-Structure not fit for residential house-Constructed to exploit for the purpose of Hostel-Not eligible for exemption. [S. 45]

Atul Govindji Shroff v. DCIT (2022) 197 ITD 366 /(2023) 223 TTJ 512 (Ahd.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Owned two residential property-Denial of exemption is justified. [S. 45]

ITO v. Armine Hamied Khan (Mrs) (2022) 197 ITD 110 /2023) 221 TTJ 653/ 222 DTR 233 (Mum.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Exemption claimed under wrong section-Surrender of tenancy rights-Claimed exemption under section 54 instead of section 54F-Entitled to claim exemption under section 54F without filing revised return. [S. 45, 54, 139]

Mukkamala Srihari Rao. v. ACIT (2022) 197 ITD 36 (Ranchi) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Sale of immoveable property-Purchase of three flats-Name of wife, son and himself-Flats purchased in name of assessee’s wife and son were also to be allowed-Renovation expenses-Issue remanded to the file of CIT(A). [S. 45]

ITO v. Seema Bhattacharya. (2022) 197 ITD 241 (Jabalpur) (Trib.)

S. 54B : Capital gains-Land used for agricultural purposes-Plots of land sold which formed share of assessee were property held by assessee’s husband (Karta), capital gains could only be assessed in his hands-Exemption under section 54B/54F to assessee is not eligible. [S. 45, 54F]

Manju Soni (Smt.) v. ITO (2022) 197 ITD 757 (Varanasi)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-land sold-Objection for valuing as per stamp valuation-Reference to DVO-Assessing Officer was duty bound to refer valuation of said land to Departmental Valuation Officer. [S. 45, 50C(2)]

DCIT v. Jayapal Sanjay (2022) 197 ITD 720 (Chennai)(Trib.)

S. 48 : Capital gains-Computation-Compensation-Interest for clearance of encumbrance on land-99 per cent of shareholding of property was with co-owners-Compensation is made to self-Not allowable as deduction. [S. 45]