Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Natasha Chopra v. DCIT (2022) 196 ITD 185 / 220 TTJ 935/ 220 DTR 213 (Delhi) (Trib.)

S. 90 : Double taxation relief-Rental income-House properties situated in Australia and UK-Income declared in respective countries-Income not to be assessable in India-DTAA-India-Australia-UK. [S. 90(2), 90(3), Art. 6]

Prathamika Krishi Pattina, Sahakara Sangha Ltd. v. ITO (2022) 196 ITD 649/ 220 TTJ 1024 / 220 DTR 156 (SMC)(Bang.)(Trib.)

S. 80P : Co-operative societies-Agricultural cooperative society-Section 80A(5) was applicable only when a return of income was filed by an assessee and a deduction under chapter VIA was not claimed in such return and it would not apply to a case where no return of income was filed-Matter remanded-Provision of section 80AC is not applicable to claim under section 80P. [S. 80A(5), 8AC]

Tripta Rani (Smt.) v. ACIT (2022) 97 ITR 389 / 196 ITD 662 (Chd.) (Trib.)

S. 69A : Unexplained money-Cash-Demonetization-Cash deposits made in bank accounts-Books of account not rejected-Addition based on surmise and conjectures was deleted. [S. 132, 115BBE, 153A]

Uttam Sugar Mills Ltd. v. DCIT (2022) 196 ITD 601 (Delhi)(Trib.)

S. 69A : Unexplained money-Vouchers-Cash book-Search-Matter was remanded back for reconsideration. [S. 132, 153A]

DCIT v. NCR Business Park (P.) Ltd. (2022) 196 ITD 678 (Delhi) (Trib.)

S. 68 : Cash credits-Share capital-Share premium-Shares allotment-Converted fully convertible debentures (FCDs) into equity shares on same price of FCDs-No credit entry during the year.

ACIT v. Lenskart Solution (P.) Ltd. (2022) 196 ITD 297 (Delhi) (Trib.)

S. 68 : Cash credits-Purchases-Shown as trade creditors-Confirmation was filed-Payments were made through banking channels-Addition is not valid.

Yash Vardhan Arya v. ITO(IT) (2022) 196 ITD 276 / 97 ITR 5(SN) (Bang.)(Trib.)

S. 57 : Income from other sources-Deductions-Interest-Not brought on record any documentary evidence to show that it had incurred interest expenditure as against income assessed under head ‘Income from other sources’-Disallowance of interest expenditure was confirmed. [S. 56]

Milk Mantra Dairy (P.) Ltd. v. DCIT (2022) 196 ITD 333 / 220 TTJ 352 (Kol.)(Trib.)

S. 56 : Income from other sources-Share premium-Conversion of CCDs in to equity shares-Provision is applicable-Receipt of any consideration which could not be limited to receipt of money-Provision is not applicable to with respect to share premium amount received from non-resident angel investors for issuance of equity shares-DCF method for valuation-Assessing Officer was not empowered to disregard DCF valuation. [S. 56(2)(viib), R. 11UA]

Bhaskari Madhavan (Mrs.) v. ITO (2022) 196 ITD 85 (Chennai) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Property purchased in the name of married daughter-Exemption from capital gains tax is not available. [S. 45]

K. Raheja (P.) Ltd. v. DCIT (2022) 196 ITD 607 (Mum.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Option deposit-Option agreement for sale of twenty (20) flats in its residential project with its group entity-Addition on sale of those flats to third parties to sales value declared were unjustified. [S. 28(i)]