S. 68 : Cash credits-Regular books of account maintained-Commission income cannot be assessed as unexplained cash credits. [S. 132]
Amitbhai Manubhai Kachadiya v. DCIT (2021) 191 ITD 759 (Surat) (Trib.)S. 68 : Cash credits-Regular books of account maintained-Commission income cannot be assessed as unexplained cash credits. [S. 132]
Amitbhai Manubhai Kachadiya v. DCIT (2021) 191 ITD 759 (Surat) (Trib.)S. 57 : Income from other sources-Deductions-Investment in firm-Dispute-Arbitral award-Interest was held to be allowable as deduction. [S. 56, 57(iii)]
Ashok Raitlal Miyani v. ITO (2021) 191 ITD 734 (SMC) (Mum.)(Trib.)S. 56 : Income from other sources-Share premium-Business of trading-Discounted cash flow method (DCF)-Net asset value (NAV) method-Assessing Officer cannot adopt different method-Addition was deleted. [S. 56(2)(viib), Rule 11UA]
Town Essential (P.) Ltd. v. CIT (2021) 191 ITD 55 (Bang.) (Trib.)S. 56 : Income from other sources-Share premium-Discounted Cash Flow (DCF)-Net valuation method (NAV)-Applicable in the assessment year 2013-14-Addition was set aside. [S. 56(2)(viib)]
UKN Hospitality (P.) Ltd. v. ITO (2021) 191 ITD 566 (Bang.)(Trib.)S. 56 : Income from other sources-Purchase of immoveable property-Agreement value and stamp valuation was less than 10 per cent-Addition is held to be not justified-Amendment made in section 50C(1) by inserting third proviso by Finance Act, 2018, with effect from 1-4-2019 is curative in nature and same would apply retrospectively. [S. 50C(1), 56(2)(vii)(b)]
Joseph Mudaliar v. DCIT (2021) 191 ITD 719/ 214 TTJ 26/ 207 DTR 94 (Mum.)(Trib.)S. 55A : Capital gains-Reference to valuation officer-Long term capital gains-Valuation as on 1-4-1981-Amendment to section 55A(a) inserted with effect from 1-7-2012 by Finance Act, 2012 providing for making reference by AO to DVO for determination of value of property sold by assessee was not applicable retrospectively. [S. 45, 50C, 55A(a)]
Virendra Natwarlal Jariwala v. DCIT (2021) 191 ITD 555 (Surat) (Trib.)S. 54B : Capital gains-Land used for agricultural purposes-HUF-Ownership-Land registered in the name of co-parcener-Land purchased out of sale proceeds of sale of agricultural land of HUF-Exemption cannot be denied.[S. 45]
Babubhai Arjanbhai Kanani (HUF) v. DCIT (2021) 191 ITD 5 (Surat)(Trib.)S. 54 : Capital gains-Profit on sale of property used for residence-Ownership of new property-New residential property was purchased in joint names of assessee, her daughter and son-Entitle to exemption. [S. 45]
ITO v. Rachna Arora (Smt.) (2021) 191 ITD 667 / 90 ITR 575 (Chd.)(Trib.)S. 48 : Capital gains-Computation-Cost of acquisition-Indexation cost-Joint Development agreement-Accounting treatment in books of account cannot determine the taxability under income-tax Act-Indexed cost of acquisition-Indexation was allowed till the taxable event of capital gains and not till the date of entering in to development agreement with developer-Provision of section 45(2) cannot be applicable to the assessee who is not a developer. [S 45, 45(2), 145]
Global Health (P.) Ltd. v. DCIT (2021) 191 ITD 279 (Delhi)(Trib.)S. 48 : Capital gains-Computation-Assignment of rights-No consideration was received from lessor-Not taxable as capital gains. [S. 45]
InterGlobe Aviation Ltd. (IndiGo) v. ACIT (2021) 191 ITD 1/(2022) 216 TTJ 265 / 95 ITR 586/ 211 DTR 233(SB) (Delhi)(Trib.)