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-Shares at premium-DCF Method-The Assessing Officer cannot value on Net Asset value (NAV)-Order set aside and remanded to examine the issue afresh. [S. 56(2)(viib), R.11UA]
Innaccel Technologies (P.) Ltd. v. ACIT (2021) 187 ITD 441 (Bang.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Sale of land-Assessable as capital gain-Entitle for exemption. [S. 28(i), 45]
Babulal v. ITO (2021) 187 ITD 851 (Bang.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Deposit in capital gain account scheme-Gain can be charged to tax after expiry of three years from date of sale of a property if same was not utilised for construction of new residential house as assessee’s income for said third year. [S. 45]
Pratima C. Joshi (Smt.) v. DCIT (2021) 187 ITD 615 (Pune) (Trib.)
S. 54F : Capital gains-Investment in a residential house-Entire sale consideration was in construction of house-Exemption cannot be denied on the ground that consideration was not deposited in capital gain scheme. [S. 54F(4), 139(1)]
Ramaiah Dorairaj v. ITO (2021) 187 ITD 460 (Bang.)(Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Transferrable Development Rights (TDR)-Right in the land and not land-Provision is not applicable-Addition cannot be made as income from other sources. [S. 45, 56(2)(viib)]
Sowmya Sathyan (Smt.) v. ITO (2021) 187 ITD 149 / 202 DTR 198 / 211 TTJ 101 (Bang.)(Trib.)
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-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.)