Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Chheda Electricals and Electronics (P.) Ltd. v. DCIT (2022) 195 ITD 354 / (2023) 223 TTJ 884(Pune)(Trib.)

S. 80IC : Special category States-Deduction to be restricted to extent of gross total income. [S. 80A, 115JB]

Kantibhai Ugarbhai Patel v. CIT NFAC (2022) 195 ITD 460 (Ahd.) (Trib.)

S. 74 : Losses-Capital gains-Return filed within a specified time-Set-off of capital loss brought forward from the assessment year 2010-11 was to be allowed to assessee in the relevant assessment year. [S.80, 139(1)]

Sikha Sanjaya Sharma (Mrs.) v. DCIT (2022) 195 ITD 178/ 217 TTJ 373 / 213 DTR 65 (Ahd.)(Trib.)

S. 71 : Set off of loss-One head against income from another-Capital gains-Exempt income-Short-term capital loss from shares could not have been set off against any tax-exempt income covered under Chapter III. [S. 10(38)]

Atul H. Patel v. ITO (2022) 195 ITD 297 (Ahd.)(Trib.)

S. 68 : Cash credits-NRI-Gift from brother-Addition was deleted.

DCIT v. Karmeshwar Exim (P.) Ltd. (2022) 195 ITD 211 (Surat) (Trib.)

S. 68 : Cash credits-Share application money-Bank statements, audited balance sheet, financial statements, copies of ITR etc.-Addition is not valid.

DCIT v. Bhanu Chopra (2022) 195 ITD 767 (Delhi)(Trib.)

S. 56 : Income from other sources-Bonus shares-Provisions of section 56(2)(vii)(c) are not applicable to bonus shares. [S. 56(2)(vii)(c)]

Madhav Pandharinath Kande v. ITO (2022) 195 ITD 579 (Pune) (Trib.)

S. 56 : Income from other sources-Interest on Enhanced Compensation-Interest received on compensation or on enhanced compensation is taxable under section 56(2)(viii) read with section 145A(b) applicable with effect from 1-4-2010. [S. 56(2)(viii), 145A]

Royal Accord Realtors (P.) Ltd. v. DCIT (2022) 195 ITD 287 / 220 TTJ 892/ 220 DTR 150 (Mum.)(Trib.)/Rokdale Realtors ( P ) Ltd v .Dy.CIT ( 2022) 195 ITD 287 220 TTJ 892 / 220 DTR 150 ( SMC) ( Mum)( Trib)

S. 56 : Income from other sources-Sale of shares at a premium-Addition made on account of the difference between FMV and actual consideration received by the assessee in terms of section 56(2)(viib) was justified. [S. 56(2)(viib), R.11UA]

DCIT v. Mais India Medical Devices (P.) Ltd. (2022) 195 ITD 94 (Delhi)(Trib.)

S. 56 : Income from other sources-Non-resident-Valuation of shares-Shares issued higher amount than to resident shareholders-Addition was not justified. [S. 56(2)(viib), Rule 11UA]

Seema Shah (Smt.) v. ITO (2022) 195 ITD 733 / 99 ITR 595 (Varanasi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Short term-Long term-Land-House constructed was sold in the same year of construction-Assessable as short term-Exemption is available only to long term capital gains-Consideration towards land to be assessed as long term capital gains-Cost of boundary walls-Deduction-Evidence was not produced-Deduction was denied. [S. 2(29A), 2(29B), 2(42A), 2(42B), 45, 48]