Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Benedicta Mary Mendonce ( Ms.) v ITO ( Bang ) (Trib) www.itatonline .org

S. 45 : Capital gains – Full value of consideration – Valuation report of DVO was less than the stamp valuation – Valuation report given by the DVO cannot be ignored and directs that the value as determined by the DVO be adopted for the purpose of determining the full value of consideration received on transfer of capital asset for computing LTCG as laid down in S..50C(3) of the Act [ S.50C(2)(b) , 50C(3) ]

Vaduganathan Talkies v. ITO ( 2020) 428 ITR 224/275 Taxman 599 ( Mad ) (HC)/ Lena Talkies v. ITO( 2020) 428 ITR 224/ 275 Taxman 599 ( Mad ) (HC)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Commercial expediency – Not eligible deduction [ R.6DD ]

PCIT v. V .Hotels Ltd 429 ITR 54/ 275 Taxman 106/ 317 CTR 377 / 194 DTR 369 ( Bom) (HC) ( Bom) (HC) www.itatonline.org

S. 32 : Depreciation – Rate of depreciation – FSI – Intangible asset-FSI purchased from Government of Maharashtra- held eligible for depreciation at the rates applicable to the Building @ 10% and not to Intangible assets @ 25% [ S.32(1)(ii), 43(6)(c ) ]

J. Stephen v. ITO ( 2018) 256 Taxman 172 / (2020)425 ITR 561 (Mad) (HC)

S. 260A : Appeal – High Court -Dismissal of appeal on grounds of delay in fling of appeal – Cash credits -No substantial question of law [ S .68 254(1) ]

PCIT v. City Centre Mall Nashik Pvt. Ltd. (2020) 424 ITR 85 / 121 taxmann.com 87(Bom)(HC)

S.28(i):Business — Income from house property —Object of developing commercial complexes —Income earned assessable as business income [ S.22 ]

CIT(TDS) v Jeevan Telecasting Corporation Ltd (2018) 171 DTR 145 / 305 CTR 1001/ (2020)423 ITR 496 (Ker)(HC)

S.254(1) : Appellate Tribunal — Powers- Remand – Deduction at source – The Tribunal being the fact finding authority ought to look into the facts before ordering a remand on the basis of the directions issued by the Supreme Court. [ S. 194J , 201(1) 271C ]

PCIT v. Ashok Apparels (P.) Ltd (2019) 264 Taxman 50 / (2020)423 ITR 412 (Bom) (HC)

S.45: Capital gains — Transfer of bonus shares — Bonus shares in respect of shares held as stock-in-trade — No presumption that bonus shares constituted stock-in-trade — Tribunal justified in treating bonus shares as investments [ S.28(i) ]

Tenzing Match Works v. Dy CIT (2019) 182 DTR 1/ (2020) 423 ITR 312 / 314 CTR 679 (Mad)(HC)

S.32:Depreciation — Windmill —Additional depreciation – Trial run – Business of manufacture of matches- Windmill for production of electricity —Entitle to depreciation and additional depreciation .[ S.32(1)(iia) ]

Additional District Magistrate Land Acquisition. v. JCIT (TDS) (2020) 181 ITD 576 (Luck) (Trib.)

S. 271C : Penalty – Failure to deduct at source – Land Acquisition Authority – Interest payment on delayed compensation voluntarily paid to farmers -Technical breach – Levy of penalty is held to be not valid [ S.194A , Rule 29C ]

Padam Chand Pungliya. v. ACIT (2019) 71 ITR 562 / 201 TTJ 307/ (2020)181 ITD 261 / 188 DTR 258(Jaipur) (Trib.)

S. 271AAB:Peanlty -Search initiated on or after Ist day of July 2012- Disclosure of additional income in statement recorded under S. 132(4) itself is not sufficient to levy penalty unless income so disclosed falls in definition of undisclosed income defined in Explanation to S. 271AAB(1) [ S.69C , 132(4) 153 (B) (1)( b) ]