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. 50B : Capital gains-Slump sale-Short term capital loss-Net worth-Value of asset includes the amounts paid to discharge any liability on the asset. [S. 2(42C), 45]

PVR Limited v. ACIT (2021) 197 DTR 372 / 211 TTJ 132 (Hyd.)(Trib.)

S. 45 : Capital gains-Transfer-Agreement for Transfer and Registration in two different years-Possession handed over along with Agreement of Transfer-Registration done after 5 years-Held Capital gains chargeable in the year in which Agreement of Transfer took place along with handing over the possession and not in the year of registration. [S. 2(47)(v), Transfer of property Act, S. 53A]

Vasant Laxman Khandge v. ITO (2021) 187 ITD 299 (Pune)(Trib.)

S. 45 : Capital gains-Indexed cost-Allotment letter-Date to be reckoned is date of allotment of property and not date on which possession certificate was issued-Cost of improvement was not allowed. [S. 2(29A), 55]

L. Vivekananda v. ACIT (2021) 187 ITD 238 (Bang.)(Trib.)

S. 45 : Capital gains-Purchase and sale of shares-Investment portfolio-Assessable as short term capital gains and not as business income. [S. 28(i)]

Swatiben Anilbhai Shah v. DCIT (2021) 187 ITD 843 / 198 DTR 225 / 209 TTJ 1025 (Ahd.)(Trib.)/Atul Hiralal Shah v. Dy.CIT ( 2021) 187 ITD 843/ 198 DTR 225/ 209 TTJ 1025 (Ahd)(Trib)

S. 45 : Capital gains-General power of Attorney-Mere non production of the owner of the property could not, per se, cast liability of tax upon the assessee-The assessee has discharged the onus upon her-General power of Attorney has no right in the property and the General power of Attorney holder is only the agent under the Contract Act, the addition made for the long term capital gain on the assessee (GPA) deleted. [S. 148]

Devender Kaur (Smt.) v. ITO (2021) 87 ITR 49 (SN) (Jaipur)(Trib.)

S. 44C : Non-residents-Head office expenditure-Allowable whether or not any amount is debited in books of account.

Doha Bank QSC v. DCIT (2021) 187 ITD 125 / 209 TTJ 716 (Mum.)(Trib.)

S. 44AD : Presumptive taxation-Cash credits-Unverifiable cash deposits and bank withdrawals-Duty on assessee to prove-Addition accepted. Limited scrutiny-AO is with in jurisdiction to take up additional issue in limited scrutiny of less than Rs. 10 lakhs. [S. 68]

Mohammed Sharaq v. ITO (2021) 87 ITR 41 (SN) (Bang.)(Trib.)

S. 43B : Certain deductions only on actual payment-certain interest expenses claimed were not deposited before the due date of filing return of income-no documentary evidence of payment made-disallowed-S. 40(a)(ia)-Amounts not deductible-Deduction at source-Interest, Commission, Brokerage-whether proviso to section 40(a)(ia) inserted by Finance Act, 2012 is prospective or retrospective nature-In Ansal Landmark Townships (P) Ltd. 279 CTR 384 (Del), the Delhi High Court has held that second proviso to Section 40(a)(ia) is declaratory and curative and has retrospective effect from 1st April 2005 inserted via Finance (No. 2) Act, 2004-benefit granted.

ARSS Infrastructure Project Ltd. v. DCIT (2021) 187 ITD 727 (Cuttack) (Trib.)

S. 43B : Deductions on actual payment-Contributions to provident fund and employee’s state insurance-contributions made late but before filing return-allowable. [S. 2(24)(x), 37(1)]

Dy. CIT v. Dee Development Engineers Ltd. (2021) 87 ITR 38 (SN) (Delhi)(Trib.)

S. 43A : Rate of exchange-Foreign currency-Fixed asset-Foreign currency loan-Adjustment against foreign exchange gain against capital work in progress and net amount of gain was to be offered to tax.

Honda Motorcycle and Scooter India (P.) Ltd. v. DCIT (2021) 187 ITD 264 (Delhi)(Trib.)