Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Yogesh Maheshwari v. DCIT (2021) 187 ITD 618 (Jaipur)(Trib.)

S. 56 : Income from other sources-Agricultural land purchased situated outside 8 km of municipal area is not a capital asset-Addition is not justified. [S. 2(14), 56(2)(vii)(b)]

Innaccel Technologies (P.) Ltd. v. ACIT (2021) 187 ITD 441 (Bang.)(Trib.)

S. 56 : Income from other sources-Shares at premium-DCF Method-The Assessing Officer cannot value on Net Asset value (NAV)-Order set aside and remanded to examine the issue afresh. [S. 56(2)(viib), R.11UA]

Babulal v. ITO (2021) 187 ITD 851 (Bang.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Sale of land-Assessable as capital gain-Entitle for exemption. [S. 28(i), 45]

Pratima C. Joshi (Smt.) v. DCIT (2021) 187 ITD 615 (Pune) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Deposit in capital gain account scheme-Gain can be charged to tax after expiry of three years from date of sale of a property if same was not utilised for construction of new residential house as assessee’s income for said third year. [S. 45]

Ramaiah Dorairaj v. ITO (2021) 187 ITD 460 (Bang.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Entire sale consideration was in construction of house-Exemption cannot be denied on the ground that consideration was not deposited in capital gain scheme. [S. 54F(4), 139(1)]

Sowmya Sathyan (Smt.) v. ITO (2021) 187 ITD 149 / 202 DTR 198 / 211 TTJ 101 (Bang.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Transferrable Development Rights (TDR)-Right in the land and not land-Provision is not applicable-Addition cannot be made as income from other sources. [S. 45, 56(2)(viib)]

PVR Limited v. ACIT (2021) 197 DTR 372 / 211 TTJ 132 (Hyd.)(Trib.)

S. 50B : Capital gains-Slump sale-Short term capital loss-Net worth-Value of asset includes the amounts paid to discharge any liability on the asset. [S. 2(42C), 45]

Vasant Laxman Khandge v. ITO (2021) 187 ITD 299 (Pune)(Trib.)

S. 45 : Capital gains-Transfer-Agreement for Transfer and Registration in two different years-Possession handed over along with Agreement of Transfer-Registration done after 5 years-Held Capital gains chargeable in the year in which Agreement of Transfer took place along with handing over the possession and not in the year of registration. [S. 2(47)(v), Transfer of property Act, S. 53A]

L. Vivekananda v. ACIT (2021) 187 ITD 238 (Bang.)(Trib.)

S. 45 : Capital gains-Indexed cost-Allotment letter-Date to be reckoned is date of allotment of property and not date on which possession certificate was issued-Cost of improvement was not allowed. [S. 2(29A), 55]

Swatiben Anilbhai Shah v. DCIT (2021) 187 ITD 843 / 198 DTR 225 / 209 TTJ 1025 (Ahd.)(Trib.)/Atul Hiralal Shah v. Dy.CIT ( 2021) 187 ITD 843/ 198 DTR 225/ 209 TTJ 1025 (Ahd)(Trib)

S. 45 : Capital gains-Purchase and sale of shares-Investment portfolio-Assessable as short term capital gains and not as business income. [S. 28(i)]