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
Click here to download the pdf versions of the Digest of case laws
S. 56 : Income from other sources-Share premium-Valuation of shares of company on NAV method and its subsidiary on DCF method-Method adopted by Assessee to be accepted.[S.56(2)(viib), R. 11UA]
Keep Learning Resources P. Ltd. v. ITO (2024) 112 ITR 731 /231 TTJ 340/243 DTR 46 (Mum)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Joint names-Income has to be assessed in the right person-Indexation benefit is available. [S. 4, 45, 54]
Abdul Nayab Shaikh (Deceased) v. ITO (Mum)(Trib) (UR)
S. 54B : Capital gains-Land used for agricultural purposes-Entitled to exemptions even if the new land is registered in the name of his son-Investment by assessee in new land from sale proceeds of old land, even if made before registration of sale-deed, was eligible for exemption. [S. 45]
Siddhulal Patidar v. ITO, (2024) 111 ITR 541 /228 TTJ 791/236 DTR 262 (Indore)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-Utilized other funds (apart from sale consideration) for constructing new residential house-Deduction under section 54 could not be denied [S. 139(4)]
Jignesh Jaysukhlal Ghiya v. DCIT (2024] 166 taxmann.com 40 (Ahd)(Trib)
S. 54 : Capital gains-Profit on sale of property used for residence-Capital gains exemption-Date of possession-Date of agreement-Date of possession considered as date of purchase-Beneficial provisions to be liberally interpreted.[S.45, 144C, 147]
Rita Sunil Shah v. ITO (IT) (2024) 112 ITR 30 (SN) (Mum)(Trib.) Sunil Amritlal Shah v. ITO (IT) (2024) 112 ITR 30 (SN) (Mum)(Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Date of agreement and date of sale-Part payment of consideration was received prior to execution of agreement to sell As Shown By Bank Statement Of Assessee-Jantri rate applicable as on date of agreement to sell was much lower than agreed price-Entitled to benefit of first and second provisos to Section 50C-Addition is deleted. [S. 45]
Kamuben Natavarbhai Patel v. ITO (2024)111 ITR 44 (SN)(Surat)(Trib)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-No part of consideration was received in cheque before agreement-Sale consideration for capital gains should be assessed based on the date of registration rather than the agreement date-Reinvesting proceeds from sale of agricultural land in new agricultural land registered in the name of son-Denial of exemption is not valid. [S.45, 54B]
Siddhulal Patidar v. ITO, (2024) 111 ITR 541/228 TTJ 791/236 DTR 262 (Indore)(Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Applicability to sale of stock-in-trade-Conversion of capital asset to stock-in-trade-Section 50C is not applicable on sale of stock-in-trade-Reopening based on audit objection is invalid [S. 147, 148]
Maheshwari Megaventures Ltd. v. Asst. CIT (2024) 112 ITR 5 (SN) (Hyd)(Trib.)
S. 48 : Capital gains-Mode of Computation-Brokerage or commission in connection with transfer-Disallowance cannot be made only because agreements with respect to commission services not submitted-Disallowance is not justified-Cost of improvement-New pleas could not be raised before Tribunal [S.45]
Sunil Kapoor v. ACIT (IT) (2024)111 ITR 64 (SN)(Delhi)(Trib)
S. 47(iii) : Capital gains-Transaction not regarded as transfer-Gift-Company-Living Person capable of making gift-No attributes like love and affection is prescribed-Transfer of plots by Assessee by way of gift deed in favour of another company is valid gift-Not liable for capital gains tax-Person-Living Person. [S. 45,50C, Transfer of Property Act, 1882, S. 5, 122]
Gujarat Infrapipes P. Ltd. v. Dy. CIT (2024)111 ITR 47 (SN)(Ahd)(Trib)