Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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

S. 56 : Income from other sources – Joint venture agreement – Shares issued to resident venture and non- resident venture at a differential price – DCF method – Valuation given by expert cannot be rejected – Addition is not valid [ S. 56(2)(viib) , R.11UA ]

JCIT v. Bhanu Chopra (2022) 140 taxmann.com 194 (Delhi) ( Trib)

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

ITO v. Hajeebu Venkata Seeta ( 2022) BCAJ – March -P. 39( Hyd )( Trib)

S. 56 : Income from other sources – Advance received for purchase of property – Cannot be held as without consideration – Deletion of addition is held to be justified [ S. 56(2)(vi) , 68 ]

Raj Easow v.ITO ( 2022)) BCAJ – April – P. 30 ( Mum) ( Trib)

S. 54 : Capital gains – Profit on sale of property used for residence – Date of possession should be taken as the date of purchase and not the date of registration [ S. 45 ]

Spenta Enterprises v .PCIT ( 2022) BCAJ -March – P. 39 (Mum)( Trib)

S.43CA: Transfer of assets- other than capital assets- Full value of consideration- stock in trade-Agreement value – Stamp valuation – Allotment letter – Where allotment letters are issued and part payments are received prior to Ist April , 2013 – Provision of section 43CA does not apply – Difference less than 5% – Provision does not apply . [ S.50C ]

Sagar Ratna Restaurants Pvt Ltd v . ACIT ( 2022)( 2022) 195 ITD 88 ( Delhi)( Trib)

S. 32 : Depreciation -Non- compete fee – Intangible assets – Right in personam and not right in rem – Not entitle to depreciation [ S. 32(1)(ii) ]

Sagar Ratna Restaurants Pvt Ltd v . ACIT ( 2022) 195 ITD 88 / BCAJ – July -P. 79 ( Delhi)( Trib)

S. 32 : Depreciation -Non- compete fee – Intangible assets – Right in personam and not right in rem – Not entitle to depreciation [ S. 32(1)(ii) ]

Lewis Family Trust v.ITO ( 2022) BCAJ- February -P. 39 ( Mum)( Trib)

S. 24 : Income from house property – Deductions – Rent of furniture and fixtures etc- 30% deduction allowable as deduction- Reimbursement of member’s share of contribution for repairing the entire society building is held to be not taxable as it has no income element . [ S.4, 22, 24(a)]

Sikha Sanjay Sharma (Mrs ) v.DCIT (2022) 195 ITD 178 ( Ahd)( Trib)

S. 10(38) : Long term capital gains from equities – Sale of shares – Taxable loss cannot be set off against income from tax under Chapter III- Short term capital loss arising on sale of shares cannot be set off against long term capital gains from sale of shares which are exempt u/s 10(38)- Revenue was not justified in disallowing assessee’s claim for carry forward of loss. [ S. 45 ]

Ajit Bapu Satam v. Dy. CIT CIT (2022) 220 TTJ 153 / 218 DTR 119 / (2023) 147 taxmann.com 222 (Mum)(Trib.) www.itatonline .org

S.69A: Unexplained money – Demonetization – AIR information -Amount deposited to bank from earlier withdrawals – Addition was deleted – Cash Deposits in Partnership Firm’s bank Account – Amount transferred to partner’s account as withdrawal from capital –Addition cannot be made in the hands of partner . [ S. 2(31)iv),133(6)] S.69A: Unexplained money – Demonetization – AIR information -Amount deposited to bank from earlier withdrawals – Addition was deleted – Cash Deposits in Partnership Firm’s bank Account – Amount transferred to partner’s account as withdrawal from capital –Addition cannot be made in the hands of partner . [ S. 2(31)iv),133(6)]