This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 56 : Income from other sources-Method of valuation of shares-Discount Cash Flow method (DCF)-Method of valuation of shares adopted by assessee could be challenged by Assessing Officer only if it was not a recognized method of valuation as per rule 11UA(2)-Matter remanded. [S. 56(2)(viib), R. 11UA(2)]
Him Agri Fesh (P.) Ltd. v. ITO (2021) 190 ITD 429 / 90 ITR 95 (Amritsar)(Trib.)
S. 56 : Income from other sources-Share capital and share premium-Additional evidence-Matter remanded. [S.56(2)(viib), Rule 11UA]
High Wings Construction (P.) Ltd. v. ITO (2021) 190 ITD 673 (Delhi)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Amount not utilised before specified date-Amount liable too tax. [S. 45, 147]
Avtar Krishen Jalla v. ITO (2021) 190 ITD 443 / (2022) 216 TTJ 177 / 210 DTR 289 (SMC) (Delhi)(Trib.)
S. 54B : Capital gains-Land used for agricultural purposes-Assessee includes HUF-Amendment brought on by Finance Act, 2013, in section 54B by inserting assessee being an individual or his parent, or a Hindu Undivided Family was classificatory in nature. [S. 54F]
Shri Sitaram Pahariya (HUF) v. ITO (2021) 190 ITD 239 / 203 DTR 137 / 212 TTJ 273 (Agra)(Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Safe harbour-Variation from 5 percent to 10 percent-Effective from the date on which section 50C was introduced. i.e. 1-4-2003 [S. 50C(1), 45]
Amrapali Cinema v. ACIT (2021) 190 ITD 36 (Delhi)(Trib.)
S. 45 : Capital gains-Business income-Developer-Sale of land after gap of a decade-Profits assessable as capital gains-Entitle for exemption. [S. 28(i), 54F]
Mujib Salmanbhai Pathan v. ACIT (2021) 190 ITD 562 (Nagpur)(Trib.)
S. 43CB : Construction and service contracts-Percentage completion-Project completion method-Both duly recognized methods of accounting under construction contracts for relevant assessment year. [S. 145]
Trident Estate (P.) Ltd. v. ITO (2021) 190 ITD 364 (Mum.)(Trib.)
S. 43CA : Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Sale of flats with customer prior to 1-4-2013-Sale deed was executed after 1-4-2013-Provision is applicable [S. 50C]
Spytech Buildcon v. ACIT (2021) 190 ITD 325 (Jaipur)(Trib.)
S. 43B : Deductions on actual payment-Late deposit of employee contribution towards ESIC/EPF-Payment was made before due date of filing of return-Allowable as deduction-CIT (A) was not justified in denying deduction by relying upon non-jurisdictional High Court’s decision. [S. 36(1)(va), 144B, 250]
Mahadev Cold Storage v. Jurisdictional Assessing Officer (2021) 190 ITD 273 / 212 TTJ 891 / 205 DTR 145 (Agra)(Trib.)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Purchases-Not claimed as expenditure-Matter remanded.
Kumar Properties and Real Estate (P.) Ltd. v. DCIT (2021) 190 ITD 212 / 87 ITR 69 (SN) / 212 TTJ 227 / 212 DTR 425 (Pune)(Trib.)