Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Hiteshbhai Mansukhbhai Bagdai v. ACIT (2024) 207 ITD 616 (Rajkot) (Trib.)

S.54F : Capital gains-Investment in a residential house-Registered sale deed-Failure to get documents registered for purchase of residential house-Denial of exemption is justified.[S. 45]

Satish Agrawal. v. ITO (2024) 207 ITD 294 (Raipur) (Trib.)

S.54F : Capital gains-Investment in a residential house-Additional evidence-Matter restored back to CIT(A) for fresh adjudication.[S.250]

Lekha Reddy Mettu. (Smt.) v. ACIT (2024) 207 ITD 244/ 232 TTJ 109/242 DTR 265 (Hyd) (Trib.)

S.54F : Capital gains-Investment in a residential house-Joint Development agreement-Disputes-Delay of seven years-Denial of exemption is affirmed. [S. 45]

ACIT v. Narayanappa Ramanna. (2024) 207 ITD 1 (Bang) (Trib.)

S.54F : Capital gains-Investment in a residential house-One house-Position prior to 1-4-2015-Joint Development Agreement (JDA)-14 apartment units-Amendment to section 54F by the Finance No. 2 Act, 2014 makes it clear that with effect from 1-4-2015, deduction would be admissible for one residential unit only by replacing word “a” with “one” and prior to amendment to section 54F, assessee is entitled to benefit of section 54F in respect of all units received by assesse.[S. 45]

Seema Heera v. ACIT (OSD) (IT) (2024) 207 ITD 788 (Mum) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Non-resident-Non-filing of return-Furnished all details and documentary evidences in respect of sale of immovable property-Purchase of new residential flat-Denial of exemption is not justified.[S. 45,139, 147,148]

Syeda Bibi Sadiqa (Smt.) v. DCIT (2024) 207 ITD 543 (Bang) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Exemption is allowable on full purchase cost of new residential property, including stamp duty, restricted to sale proceeds of original property. [S. 45]

Sheela Ramchand Uttamchandani v. ITO (2024) 207 ITD 267 (Mum) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Investment in under construction residential house-Expiry of three years from date of sale of original asset-Investment in under construction flat-Utilised only half amount of long term capital gains-Balance amount of long-term capital gain should be charged to tax under section 45 in year under consideration, being year in which period of three years from date of transfer of original asset expired.[S. 45, 54(2)]

Nilima Avinash Pradhan. (Mrs.) v. ITO (2024) 207 ITD 109 (Mum) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Incomplete investment-Matter is remanded back to Assessing Officer for de novo adjudication.

Shivdeep Tyagi. v. ITO (2024) 207 ITD 568 (Delhi) (Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Transfer of leasehold rights-Section 50C, being a deeming provision, is not applicable in case of transfer of leasehold rights. [S. 45, 54 54D, 147, 148]

ITO v. Jhaveri Sandeep Bipinchandra (HUF) (2024) 207 ITD 622 (Ahd) (Trib.)

S. 45 : Capital gains-Share transactions-Income shown as business income in preceding year-Assessable as capital gains.[S.28(i)]