Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


TSI Yatra (P.) Ltd v. ACIT (2021) 209 TTJ 596 (Delhi)(Trib.)

S. 56 : Income from other source-When the Assessee has adopted DCF method, one of the methods prescribed by the Act to determine fair value, then the AO cannot discard the same and adopt other method-The matter was restored back to the file of AO for afresh decision. [S. 56(2)(vii)(b), R. 11UA]

Usekiwi Infolabs (P.) Limited v. ITO (2021) 209 TTJ 59 / 197 DTR 66 (Delhi)(Trib.)

S. 56 : Income from other sources-Not applicable where the sum has been received from non-resident-Addition was deleted. [S. 56(2)(viib), 68, Companies Act, 2013, S. 102]

ITO v. Shrilekha Business Consultancy Pvt. Ltd. (2021) 210 TTJ 34 / 202 DTR 361 (Hyd.)(Trib.)

S. 56 : Income from other sources-Money kept in capital reserve account was invested in shares-Entire transactions were only in capital field no incidence of tax. [S. 2(47), 45(3), 45(4), 56(2)(viia), 186]

Chandrakala Shashidhar (Smt.) v. ITO (2021) 89 ITR 67 (SN) (Bang.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Purchased-Constructed-Completion of house within three years is not mandatory-Capital gains Account Scheme-Investment made till date for filing return u/s 139(4) is eligible for exemption. [S. 45, 54F(4), 139(4)]

Rita Chandiok v. ACIT (2021) 89 ITR 30 (SN) (Delhi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Failure to follow the direction of CIT(A)-Assessing Officer is directed to give effect to the order of the CIT(A). [S. 45, 250, 254(1)]

Atluri Padma (Smt.) v. ITO (2021) 89 ITR 26 (SN) (Vishakha) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Allegation that the amount was withdrawn from sellers bank account-Reply by seller showing receipt of full sum-Denial of exemption was held to be not valid. [S. 45]

ACIT v. Investment trust of India Ltd. (2021) 211 TTJ 777 (Chennai) (Trib.)

S. 45 : Capital gains-Amalgamation-sale of shares prior to transfer of business by way of slump sale and amalgamation-scheme of amalgamation approved by High Court and shareholders-allegation of scheme of amalgamation as an afterthought without any basis-capital gains already offered for tax by the amalgamating company-same cannot be taxed again in the hands of amalgamated company.

R. Venkata Dhana Lakshmi v. ITO (2021) 89 ITR 28 (SN) (Vishakha) (Trib.)

S. 45 : Capital gains-Consideration from sale of land as long term-Transfer of superstructure as short term capital gains-Deposit in specified Bank account and using it only for acquiring new asset Eligible for deduction-Not making claim in return-Appellate Authorities not barred from entertaining fresh claim. [S. 54F, 254(1)]

Armatic Engineering (P.) Ltd. v. Dy. CIT (2021) 89 ITR 10 (Bang.) (Trib.)

S. 45 : Capital gains-Joint development agreement-General power of attorney-Possession and complete control of share of property-Part performance of contract-Transfer complete on handing over possession and not on date of Registration-Exemption for reinvestment of consideration is eligible. [S. 2(47)(v), 50C, 54G, Transfer of Property Act, 1882, S. 53A]

Dy. CIT(IT) v. Schlumberger Asia Services Ltd. (2021) 89 ITR 56 (SN) (Delhi)(Trib.)

S. 44BB : Mineral oils-Presumptive tax-Amount received on account of equipment lost in hole-Reimbursement of service tax-Not to be included in gross receipts for computation of profits for purpose of presumptive tax.