Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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)]

Shailendra Bhandari v. ACIT (2021) BCAJ-May-P. 49 (Mum.)(Trib.)

S. 45 : Capital gains-Capital asset-Booking right of flat in a proposed building-Agreement was not registered-Compensation received on extinguishment of rights-Assessable as capital gains and not as income from other sources. [S. 2(14)(a), 56]

Stalwart Impex Pvt. Ltd. v. ITO (2021) BCAJ-September-P. 40. (Mum.)(Trib.)

S. 43CA : Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Tolerance band from 5 % to 10%-Proviso to section 43CA(1) and the subsequent amendment thereto relates back to the date on which the said section was made effective, i.e. 1st April, 2014. [S. 50C]

Mohammed Shakil Mohamed Shafi Mutawalli v. ITO (2021) 132 taxmann.com 119 / (2022) 192 ITD 130 (Ahd.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Transport charges-Copies of PAN along with copies of invoices were furnished-Disallowance is not justified merely for technical laps u/s. 194 (7) of the Act. [S. 194(7), 194C]

Hindustan Organic Chemicals Ltd. v. DCIT (2021) BCAJ-November-P. 33 (Mum.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Asset valuer’s fees paid by the lender bank and recovered from the assessee-Not liable to deduct tax at source. [S. 194J]

National Building Construction Corporation Ltd. v. Addl. CIT (2021) BCAJ-October-P. 54 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Corporate Social responsibility (CSR)-Allowable as deduction-Explanation to section 37(1) is prospective w.e.f. AY. 2015-16]

Owens-Corning (India) Pvt. Ltd. v. ITO (2021) BCAJ-September-P. 40 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Swap charges-Converting floating rate loan to a fixed rate loan-Allowable as deduction.