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. 80IB(10) : Housing projects- The area of balconies open to sky is not to be considered as part of built -up area of a particular residential unit – Denial of exemption is not justified – Project completion method regularly followed cannot be rejected .[ S. 145 ]
Shipra Estates Ltd & Jai Krishna Estate Developers Pvt Ltd v .ACIT (2024) BCAJ – July -P. 38 ( Delhi)( Trib)
S. 69A : Unexplained money -Frequent cash withdrawals and deposit – Only peak shortage could be added as unexplained under section 69A .
Kamal Chand Sisodiya v.ITO ( 2024) 167 taxmann.com 671 ( Indore )( Trib)
S. 69A : Unexplained money – Assessing the miscellaneous business income as income from other sources and applying the special rate as per section 115BBE is not justified . [ S. 115BBE ]
Deepak Setia v. Dy.CIT ( 2023) 106 ITR 125 ( Amritsar ) (Trib)
S. 64 : Clubbing of income – Spouse – Income returned and assessed in the hands of wife can not be again be taxed in the hands of the husband by invoking section. 64(1)(ii) of the Act . [ S. 64(1)(ii), 153A ]
Ketan Prabhulal Dalsanaiya v .DCIT( 2024 ) BCAJ – May – P. 47 ( Rajkot)( Trib)
S. 56 : Income from other sources -Allotment letter issued by developer constitute an agreement for the purpose of proviso to section 56(2)(vii)( b) – Addition is deleted. [ S. 56(2)(vii)(b) ]
Tamojit Das v. ITO ( 2024) BCAJ – November -P. 49 (Kol)( Trib)
S. 56 : Income from other sources – Stamp valuation-Date of agreement – Part consideration was paid by Co -owner on or before the date of the agreement – Stamp duty as on the date of boking of the flat to be considered – The date of registration and who has made the payment is immaterial -Addition is deleted.[ S.56(2)(viib) ]
Rekha Singh v.ITO ( 2024)BCAJ – February – P 41 ( Mum)( Trib)
S.54F : Capital gains- Investment in a residential house – Entire actual consideration was invested in purchase of under consideration of residential house – Capital gain is exempt – Provision of section 50C is not applicable .[ S. 45, 48 , 50C , 54F(4)]
Lalit Kumar Kalwar v .ITO ( 2023) 106 ITR 373 ( Jaipur )( Trib)
S. 48 : Capital gains –Mode of Computation -Transfer of securities – Management fees is allowable as deduction while computing capital gains . [ S. 45]
Krishnamurthy Thiagarajan v.ACIT ([2024] 164 taxmann.com 550 (Mum)( Trib)
S. 45 : Capital gains -Taxable in the year in which possession of constructed premises was received by the assessee and not in the earlier year when occupancy certificate was granted – Section 45(5A) which has been introduced w.e.f. 1-4- 2018 applies w.e.f. AY. 2018 -19 and not AY. 2017 -18 -Fair market value deemed to be full value of consideration in certain shares – Value of consideration- Full value of the consideration should be computed on the basis of guideline value of land or building that is transferred / received on development and not cost of construction reported by the developer as the said report was not supported by supporting documents . [ S. 45(5A) ,48, 50C, 50D ]
Alagappa Muthiah HUF v. DCIT ( 2024) BCAJ – October -P. 54 ( Bang)( Trib)
S. 45 : Capital gains – Transfer – Development agreement – Irrevocable power of attorney – Registration of a contract is not relevant for in the case of section 2(47)(v) – Transferred 62 percent of land to a developer in exchange of 38 percent of the developed area to be constructed under an unregistered joint development agreement – transaction is liable to capital gains under section 2(47)(vi) in the year of agreement – Matter remanded for determination of cost of acquisition .[ S. 2(47)(vi) , 48, 50C, Transfer of Property Act , 1882 , S 53A ]
K.P.Mohamed Ali v .ITO ( 2024) BCAJ- March – P. 34 ( Cochin )( Trib)