Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Vanesa Cosmetics (2021) 188 ITD 787 / 212 TTJ 712 / 204 DTR 393 (Delhi)(Trib.)

S. 80IC : Special category States-Substantial expansion-entitle to deduction. [S. 80IC(8)(ix)]

Sarovar Hotels (P.) Ltd. v. DCIT (2021) 188 ITD 498 (Mum.)(Trib.)

S. 73A : Carry forward and set off of losses by specified business-Loss can be set-off another unit which was not eligible for deduction.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 73 : Losses in speculation business-Purchase and sale of securities-Loss on account of its clients-Loss cannot be treated as speculative in nature. [S. 28(i)]

Mantram Commodities (P.) Ltd. v. ITO (2021) 188 ITD 687 (Delhi)(Trib.)

S. 56 : Income from other sources-Shares at premium-Valuation was done as per the certificate of the Chartered Accountant-Addition was held to be not justified. [S. 56 (2)(viib), R. 11UA]

Sri Sakthi Textiles Ltd. v. DCIT (2021) 188 ITD 946 / 212 TTJ 917 / 204 DTR 220 (Chennai)(Trib.)

S. 56 : Income from other sources-Shares issued at premium-Valuation report from Chartered Engineer-Report was not filed at the time of original assessment proceedings however the report was filed before Commissioner (Appeals)-Addition was held to be not justified. [S. 56 (2)(viib), Rule, 11UA]

N.A. Haris. v. ACIT (2021) 188 ITD 517 / 210 TTJ 273/ 206 DTR 180 (Bang.) (Trib.)

S. 55 : Capital gains-Cost of improvement-Cost of acquisition-Payment of commission to agent for purchase of property is allowable as deduction-Cost of construction to developer is to be treated as full value of consideration-Received his share and allotted constructed area-Taxable in the assessment year 2012-13. [S. 2(47), 45, 48]

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 55 : Capital gains-Cost of improvement-Cost of acquisition-Bombay stock exchange membership card-Indexation of card to be taken from the year 2005-06. [S. 45]

Nilufer Sayed v. ITO (2021) 188 ITD 603 (Mum.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence More than one house-Prior to 1-4-2015-Eligible exemption. [S. 45]

Harminder Kaur (Smt.) v. ITO (2021) 188 ITD 922 (Delhi) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Sale consideration paid to purchase of another residential property prior to due date of filing of return-Entitle to exemption-Purchase of property-Entire consideration was paid for booking flat with in three years from date of transfer of original asset-Entitle to exemption. [S. 139(4)]

Prakash Chand Bethala v. DCIT (2021) 188 ITD 135 / 88 ITR 290 / 205 DTR 47 / 212 TTJ 720 (Bang.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Agreement for sale on 8-3 1993-Possession was handed over-Sale deed was executed on 9-3 2007-For computing guidance value of property value as on 8-3-1993 i.e. date of sale agreement to be considered and not value as on 9-3 2007. [S. 2(47), 45]