Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Anjani Infra v. DCIT (2021) BCAJ-October-P. 54 (Surat)(Trib.)

S. 115BBE : Tax on specified income-Survey-Builder-Housing project-On money-Income offered-Assessed as deemed income-Professional fees paid was allowed as deduction. [S. 68, 37(1)]

Bamkimbhai D. Patel v. ITO (2021) BCAJ-September-P. 38 (Ahd.)(Trib.)

S. 69A : Unexplained money-Alleged on-money-Power of attorney holder-Addition cannot be made in the assessment of power of attorney holder. [S. 143(3)]

Nisarg Lifespace LLP v. ITO (2021) The Chamber’s Journal-August-P. 92 (Mum.)(Trib.)

S. 68 : Cash credits-Statement of Mr Praveen Kumar Jain which was retracted-Addition cannot be made on presumptions that the assessee has routed its own cash in the form of unsecured loans. [S. 132]

ACIT v. Covestro India (P.) Ltd. (2021) 129 taxmann.com 50 (Mum.)(Trib.)

S. 56 : Income from other sources-Share premium-Share premium cannot be assessed as revenue receipt. [S. 56(1), 68]

Narinder Kumar v. ITO (2021) BCAJ-June-P. 27 (Delhi)(Trib.)

S. 56 : Income from other sources-Acquisition of Agricultural land-Interest on enhanced compensation-Capital receipt-Not chargeable to tax. [S. 4, 56(2)(viii), 57(iv)]

Sawmya Sathyan (Smt.) v. ITO (2021) 211 TTJ 101 (Bang.)(Trib.)

S. 56 : Income from other sources-Transferable Development Rights (TDR)-Shown as stock in trade-Deemed consideration-Provision section 50C is not applicable-Deemed consideration cannot be assessed as per section 56(2)(vii (b)) of the Act. [S. 50C, 56(2)(vii)(b), 269UA]

ACIT v. Rajat Bhandari (2022) BCAJ-January-P. 36 (Delhi)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Farm house-Entitle to exemption. [S. 45]

ACIT v. Mohan Prabbhakar Bhide (2021) BCAJ-June-P. 20 (Mum.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Date on which full consideration was paid and possession was taken is the relevant date to be considered. [S. 45]

Jagdish Arora v. ITO (2021) 127 taxmmann.com 728 //(2022) 93 ITR 233. ( Agra ) ( Trib) /Sunil Arora v .ACIT ( 2021 ) 127 taxmmann.com 728 / (2022)93 ITR 233 (Agra) ( Trib) Sunil Arora v .ACIT ( 2021 ) 127 taxmmann.com 728 / (2022)93 ITR 233 (Agra) ( Trib)

S. 45 : Capital gains-Acquisition of land under National High Act (NHA) 1956-Compensation received is taxable-No specific exemption under RECTLAAR Act, 2013. [RECTLAAR Act, 2013, S. 96, 105(3)]

Rajeshkumar Shantilal Patel v. ITO (2021) 127 taxmann.com 342 (Surat)(Trib.)

S. 45 : Capital gains-Capital gains accepted in one co-owner-Addition cannot be made in the case of another Co-Owner though accepted u/s. 143(1) of the Act. [S. 50C, 143(1)]