S. 48 : Capital gains-Mode of Computation-Cost of improvement-Payment made to builder-No reference in sales deed-Allowable as deduction. [S. 45]
ITO v. Prakash Ramkrishna Pophale (2024) 231 TTJ 49 (UO) (Pune) (Trib)S. 48 : Capital gains-Mode of Computation-Cost of improvement-Payment made to builder-No reference in sales deed-Allowable as deduction. [S. 45]
ITO v. Prakash Ramkrishna Pophale (2024) 231 TTJ 49 (UO) (Pune) (Trib)S.45:Capital gains-Suppression of sale-Paper seized from the premises of purchaser-Loose papers-Matter is restored back to the file of the CIT(A) for fresh determination of the issue in accordance with law after making enquiries or causing enquiry through the AO. [S. 48,131, 251]
ACIT v. DSL Properties (P) Ltd. (2024) 231 TTJ 66 (UO)(Delhi) (Trib)S. 45: Capital gains-Long-term or short-term-Letter of allotment-Period of holding to be considered from the date of allotment-Held to be long term capital gains-Investment in a residential house-Wrongly claimed u/s 54-Matter is remanded to the Assessing Officer for verification. [S. 2(29AA), 2(29B), 54, 54F]
Minaxi Mahesh Pawani (Deceased) Through LR Pratik Mahesh Pawani v. ITO (IT) (2024) 231 TTJ 19 / 241 DTR 124 / 38 NYPTTJ 838 (Mum) (Trib)S. 45: Capital gains-Capital loss-Sale of shares-Cost of acquisition-Special provision of S. 50CA which considers the fair market value as full value of consideration for transfer of unquoted shares has been brought into effect from asst. yr. 2018-19-Loss cannot be disallowed. [S.48, 5OCA]
Dayal Agro Products Ltd. v. JCIT (2024) 231 TTJ 860 / 241 DTR 225 / 38 NYPTTJ 954 (Nag)(Trib)S. 44BB : Mineral oils-Computation-In the absence of a PE of the assessee in India-Not taxable in India-DTAA-India-Canada-Non-Resident-Income subject to TDS-Interest cannot be levied. [S.90, 209(1), 234B Art. 7]
Computer Modelling Group Ltd. v. ACIT (IT) (2024) 231 TTJ 699 / 38 NYPTTJ 570 (Delhi)(Trib)S. 43B : Deductions on actual payment-Tax collected at source-Holds custodian of Government-Not disallowable. [S.143(1), 206C(6A)]
Aay Kay Manufacuring Co. v. ITO (2024) 231 TTJ 76 (UO)(Amritsar)(Trib)S.37(1): Business expenditure-Finance charges-Treated as deferred revenue expenditure or prepaid expenditure in the books of accounts over the period of loan-Allowable as deduction-Bad debt-matter remanded. [S. 36(1)(viia), 145]
Cholamandalam Investment & Finance Co. Ltd. v. Dy.CIT (2024) 231 TTJ 840 / 38 NYPTTJ 1060 (Chennai)(Trib)S. 32: Depreciation-Actual cost-Grant in aid received from Government-Grant-in-aid basis the scheme is directly attributable to the cost of plant and machinery and technical civil works-Grant-in-aid is therefore, required to be reduced from the value/cost of the assets eligible for depreciation. [S. 32(1)(ii),43(1), Expln 10.]
Pagro Frozen Foods (P) Ltd. v. ITO (2024) 231 TTJ 413 / 38 NYPTTJ 988 (Chd)(Trib)S. 28(i) : Business loss-Loan to employees-Sundry advances written off is allowable as business loss. [S. 37(1)]
ACIT v. Daawat Foods Ltd. (2024) 231 TTJ 30 (UO) (Delhi)(Trib)S.14A : Disallowance of expenditure-Exempt income-Interest free funds-Not recorded dissatisfaction-Addition is deleted. [R.8D]
Urmin Products (P) Ltd. v. Dy. CIT (2024) 231 TTJ 100 (UO) (Ahd)(Trib)