Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Advik Hi-Tech Pvt. Ltd. v. Dy.CIT (2021) 85 ITR 535 (Pune)(Trib.)

S. 80IA : Industrial undertakings-Wind mills-Initial assessment year-Option to choose year within block of 15 years from commencement of business.

Manju Sharma v. ITO (2021) 85 ITR 388 (Delhi)(Trib.)

S. 68 : Cash credits-Bogus purchases-Addition of entire amount payable to six sundry creditors is held to be not justified-GP estimate of 16% on unsubstantiated purchases from six creditors was up held. Adoption of Gross Profit Rate Of 16 Per Cent.

Khetan Twist Net Pvt. Ltd. v. ITO (2021) 85 ITR 47 (Mum.)(Trib.)

S. 68 : Cash credits-Unsecured Loan-Identity, capacity and genuineness established-Addition is held to be not valid-Ad-hoc disallowance without rejecting the books of account is held to be not proper-Reassessment is held to be valid. [S. 133(6), 147, 148]

ACIT v. Nirnidhi Marketing Pvt. Ltd. (2021) 85 ITR 297 (Kol.)(Trib.)

S. 68 : Cash credits-Share application moneys-Shares issued at premium-Share applicant had enough funds to subscribe to shares-Addition cannot be made merely on the ground share applicant did not appear in response to summons. [S.131]

Apollo Finvest (India) Ltd. v. CIT (2021)85 ITR 549 (Mum.)(Trib.)

S. 50 : Capital gains-Depreciable assets-Block of assets-Set off of loss-Long term gains can be set off against carried forward capital loss. [S. 70, 74]

Manjula Finance Ltd. v. ITO (2021) 85 ITR 210/ 212 TTJ 444 (Delhi)(Trib.)

S. 45 : Capital gains-Gift-Company-Family arrangement-Arrangement between members of family-Company separate and distinct entity not part of family-Shares held as stock in trade-Gift of shares to other group companies-Articles empowering gift-Shares disclosed in recipients’ annual accounts and recipients assessed-Shares transacted trough Dematerialised account-No real income taxable in assessee’s hands-Conversion of stock-in-trade into capital asset-Provision for taxation brought with effect from 1-4-2019-No provision for taxation of gift of stock-in-trade in hands of Donor imputing market value. [S. 2(24)(xiia), 2(42A), Expln. 1, 28(via), 45(2), 49(9), Companies Act, 2013, or the Companies Act, 1956. Transfer of Property Act, 1882, S. 122]

Dy.CIT v. Shikha Roy (Smt.) (2021) 85 ITR 113 / 200 DTR 74/ 211 TTJ 121 (Kol.)(Trib.)

S. 45 : Capital gains-Tenancy rights-Amount received for surrender of tenancy rights assessable as capital gains-Investment in specified assets is eligible exemption. [S. 55(2)(a), 54EEC, 54F]

Asif Khaleel (Individual) v. ITO (2021) 85 ITR 26 (Bang.)(Trib.) Ismail Khaleel (Individual) v. ITO (2021) 85 ITR 26 (Bang.)(Trib.) Mustafa Khaleel (Individual) v. ITO (2021) 85 ITR 26 (Bang.)(Trib.)

S. 45 : Capital gains-Cost of acquisition-Fair market value-Joint Development Agreement-Sale of flats subsequently-Fair market value of constructed area becomes cost of acquisition and Indexed cost to be deducted in order to arrive at capital gains-Matter remanded for verification. [S. 2(22B), 48]

Advik Hi-Tech Pvt. Ltd. v. Dy. CIT (2021) 85 ITR 535 (Pune) (Trib.)

S. 45 : Capital gains-Sale of shares-Maintaining separate accounts for investment and stock in trade-Profit assesable as short term capital gains. [S.28 (i)]

Nitesh Estates Ltd. v. Dy.CIT (2021) 85 ITR 421 (Bang.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Where recipient has declared payment in return and paid tax thereon-Proviso has retrospective effect-No disallowance can be made. [S. 201 (1)]