S. 56 : Income from other sources-Assessing Officer cannot ignore valuation report-Addition on presumptions and surmises-Addition was deleted. [S. 56(2)(viib), R. 11UA]
Brash Steels Pvt. Ltd. v. ITO (2021) 91 ITR 19 (Delhi)(Trib.)S. 56 : Income from other sources-Assessing Officer cannot ignore valuation report-Addition on presumptions and surmises-Addition was deleted. [S. 56(2)(viib), R. 11UA]
Brash Steels Pvt. Ltd. v. ITO (2021) 91 ITR 19 (Delhi)(Trib.)S. 56 : Income from other sources-Valuation of shares-DCF method-Assessing Officer cannot change the valuation under net asset value-Order of CIT(A) deleting the addition was affirmed. [S. 56(2)(viib), R. 11UA]
Dy. CIT v. Avigna Housing (P) Ltd. (2021) 209 TTJ 9 (UO) (Chennai) (Trib.)S. 56 : Income from other sources-Land acquisition-Interest on compensation exempt under section 96 of the Act-Not taxable under section 56(2)(vii) of the Act. [S. 10(37). 56(2)(viii), 145A(b), RFCTLAAR Act, 2013, S. 93]
ACIT v. SV Global Mill Ltd. (2021) 61 CCH 0466 / 213 TTJ 232/(2022) 212 DTR 265 (Chennai)(Trib.)S. 54F : Capital gains-Investment in a residential house-Joint property-Matter remanded. [S. 45]
Ganga Poorna Prasad v. ACIT (2021) 91 ITR 62 (SN) (Bang.)(Trib.)S. 54F : Capital gains-Investment in a residential house-Amount not deposited in a sperate capital gains account before due date of filing of return-Capital gain invested for acquiring another property with in specified u/s 54F of the Act-Entitle to exemption. [S. 45, 139(1)]
Dipal Sureshbhai Patel v. ITO (2021) 211 TTJ 30 (UO) (Ahd.)(Trib.)S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade-All sales is recognised and taxed in the holding company-Addition cannot be made in the assessee. [S. 2(47), 45]
ITO v. Kidderpore Holdings Ltd. (2021) 213 TTJ 6 / 197 DTR 8 (Mum.)(Trib.)S. 45 : Capital gains: Transfer of shares of Indian Company to non-resident-Sale consideration as per sale purchase agreement to be adopted-Conversion rate as per 11UA to be adopted-Matter remanded. [S.48, Rule 11UA]
Sumitomo Corporation v. DCIT(IT) (2021) 213 TTJ 137 (Delhi)(Trib.)S. 45 : Capital gains-Sale consideration-Valuation determined in respect of both the properties works out to less than 10% of the actual sale consideration as declared by the assessee-AO was directed to accept the sale consideration as declared by the assessee as per the two registered sale deeds. [S. 48, 50C]
Banwari Lal Sharma v. ITO, (2021) 62 CCH 0504 / 213 TTJ 307 (Jaipur)(Trib.)S. 43B : Deductions on actual payment-Restructuring of bank loan-Cash credit-Amounts of credits in cash credit account were much more than amount of interest debited by bank, no disallowance can be made.
Iceberg Foods Ltd. v. ACIT (2021) 91 ITR 1 / (2022) 192 ITD 320 (Delhi)(Trib.)S. 43B : Deductions on actual payment-PF and ESI dues-Paid before due date of filing of return-No disallowance can be made. [S. 36(1)(va), 139(1)]
Dhabriya Polywood Ltd. v. ADIT (2021) 91 ITR 127 / (2022) 192 ITD 298 (Jaipur)(Trib.)