Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Maimoon Fashion Accessories (P.) Ltd. v. ITO (2025) 215 ITD 241 (Mum) (Trib.)

S. 45: Capital gains-Transfer-Year of taxability-Handed over possession-Oral agreement-Full consideration-Registered conveyance deed was executed later-Capital gains could not be taxed in the subsequent year when the deed was registered.[S. 2(47), 50C.]

Basavaraju Shivakumar Holavanahalli. v. ACIT (2025) 215 ITD 316 (Bang) (Trib.)

S. 45: Capital gains-Sale of property-Commercial building-Capital asset-Intention to let out-Constructed and sold over six years-Assessable as capital gains and not as business income-Exemption under section 54EC was allowable.[. S.2(14), 28(i), 54EC]

Om Shriniwas Developers v. ITO [2025] 177 taxmann.com 610 (SMC) (Pune)(Trib.)

S.43CA: Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation Difference between SDV and agreement value was less than 5 per cent-Addition is deleted-Change of opinion-Reopening is not justified.[S.50C 147, 148]

DCIT v. Amardeep Constructions. (2025) 215 ITD 322 (Mum) (Trib.)

S.43CA: Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Tolerance limit of 10 per cent introduced by Finance Act, 2020 to section 43CA is curative in nature and, therefore, applicable retrospectively.[S.50C]

DCIT v. Gaurav Investments. (2025) 215 ITD 124 (Mum) (Trib.)

S.43CA: Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Allowing 10 per cent tolerance band is curative and applies retrospectively-No addition was warranted in case of assessee, where difference between DVO value and sale consideration was within permissible limit for assessment year 2018-19.[S.50C]

Magnaquest Technologies Ltd. v. DCIT (2025) 215 ITD 146 (Hyd) (Trib.)

S.43B: Deductions on actual payment-Liabilities disallowed in earlier year-Paid during year-Allowable on furnishing payment evidence, while addition for balance amount without supporting evidence was to be sustained.

Foster Wheeler (G.B.) Ltd. v. DCIT. (2025) 215 ITD 579 (Chennai) (Trib.)

S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Provision for liquidated damages-Settled under VSV Scheme, 2024-Not allowed deduction in earlier years-Reversal of provision-Cannot be taxed under section 41(1) of the Act. [VSV Scheme, 2024]

Ginni Filaments Ltd. v. DCIT (2025) 215 ITD 175 (Agra) (Trib.)

S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Sundry creditors-Confirmation from parties-Additional evidence-The matter was restored to the file of the Assessing Officer for fresh adjudication.[S. 254(1)]

Virbala Kiritkumar Patel v. Dy. CIT (Ahd.)(Trib.)(UR)

S. 40A(2): Expenses or payments not deductible-Excessive or unreasonable-Consultancy charges paid to related party-No comparable instances cited by AO-Disallowance is deleted. [S.40A(2)(b)]

Raghav Agritech. v. ITO (2025) 215 ITD 647 /127 ITR 71 (Nagpur) (Trib.)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Building contractor-Capitalised the expenditure-Not disallowable.[S. 30 to 38, 143(1)(a), 194C]