Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

Naga padmaja vangara (Smt.) v. ITO (2022) 197 ITD 665 (Hyd.) (Trib.)

S. 45 : Capital gains-Joint Development Agreement-Transfer-Development of a plot of land-Transfer complete on execution of IDA-Capital gains is rightly assessed by the Assessing Officer. [S. 2(47)]

Sushiladevi R Somani. v. ACIT (2022) 197 ITD 316/ 219 TTJ 633 / 217 DTR 417 (Mum) (Trib.)

S. 48 : Capital gains-Computation-cost of acquisition-Fair market value on 1-4-1981-Fair market value of net assets-Shares were acquired by assessee before 1-4-1981-Option to substitute its cost of acquisition by fair market value of net assets as on 1-4-1981 is with assessee. [S. 2(22B), 49]

Pranay Godha v. ACIT (2022) 197 ITD 767 (Mum.)(Trib.)

S. 45 : Capital gains-Sale of shares-Non-compete fee-Sale consideration cannot be partly attributable as business income [S. 28(va)]

Abbasbhai A. Upletawala v. ITO (2022) 197 ITD 548 /220 TTJ 880/ 220 DTR 137 (Mum.)(Trib.)

S. 45 : Capital gains-Sale of property given as security as guarantor by director-Collateral security as a guarantor-Taxable in the year in which land was transferred to assignee to sale to recover loan for bank-Year of taxability was not examined-Matter remanded-Court made observation that the law may be amended to recover the tax from the borrower. [S. 2(47), 48]

Yamini Khandelwal. (Smt.) v. ACIT (2022) 197 ITD 520/ 220 TTJ 485 / 219 DTR 201 (Kol.) (Trib.)/ Suraj Khandelwal v. ACIT (2022) 197 ITD 520/ 220 TTJ 485/ 219 DTR 201 (Kol) (Trib.)

S. 45 : Capital gains-Investment in shares-High volume and frequency of transactions-Shares purchased on delivery basis-Accepted for number of years-Assessable as capital gains. [S. 2(29A) 2(42A), 10(38), 28(i)]

Mahesh D. Saini v. ITO (2022) 197 ITD 513 (Mum.)(Trib.)

S. 45 : Capital gains-Sale cum development agreement dt. 21-10-2010-Possession of property to transferee after obtaining intimation of disapproval (IOD)-IOD received on 15-4-2013-Capital gain is not taxable in the assessment year 2011-12. [S.2(47), Transfer of Property Act, 1882, S.53A]

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

S. 45 : Capital gains-Division of property to avoid family dispute-Capital gains is taxable in the hands of Individual and not HUF. [S. 4, 171]

ACIT(IT) v. Cathay Pacific Airways Ltd. (2022) 197 ITD 102 (Kol.)(Trib.)

S. 44BBA : Air craft-Non-residents-Gross receipts-Service tax-Fiduciary capacity-Service tax was to be excluded from gross receipts while computing total income of assessee on presumptive basis.