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-Valuation of shares-Premium on shares-If assessee can substantiate higher value than the Valuation as per Rules higher value should be considered-Matter remanded. [S. 56(2)(viib), R. 11UA]
Abhinav International P. Ltd. v. Dy.CIT (2020) 82 ITR 258 (Delhi)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Purchase of land under four deeds and one land by different sale deed-Merged to single plot-construction of house-Eligible for exemption for entire investment. [S. 45]
Rohan Agarwal v. ACIT (2020)82 ITR 39 (Jaipur)(Trib.)
S. 45 : Capital gains-Relative occupying a Flat on licence basis-Flat Sold after demise of occupier-Amounts received by assessee as consideration for not interfering in possession of transfer-Not chargeable to tax as capital gains-No transfer of tenancy rights. [S. 48]
Yogini Mohit Sahita v. ITO (2020)82 ITR 15 / 208 TTJ 741 / (2021) 197 DTR 388 (SMC) (Mum.)(Trib.)
S. 43B : Deductions on actual payment-Contribution towards provision for pension fund-Allowable-Provision for leave encashment-Disallowance confirmed. [S. 43B(f)]
Dy. CIT v. Punjab National Bank (2020) 82 ITR 95 (Delhi)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Failure to deduct tax at source-Disallowance is restricted to thirty percent.
Kendrapara Co-Operative Bank Ltd. v. ACIT (2020) 82 ITR 188 (Cuttack)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment of gateway charges and other bank charges-Matter remanded to the Assessing Office.
MakeMy Trip (India) Pvt. Ltd. v. Dy. CIT (2020) 82 ITR 71 (Delhi) (Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Shipping expenses in nature of freight-Agent acting on behalf of Non-Resident ship owner or Charterer-Not required to deduct tax at source. [S. 172, 194C, 195]
Suresh Khatri v. ITO (2020) 82 ITR 29 (Luck.)(Trib.)
S. 37(1) : Business expenditure-Books of account not rejected-No Ad hoc disallowance can be made.
Suresh Khatri v. ITO (2020) 82 ITR 29 (Luck.)(Trib.)
S. 37(1) : Business expenditure-Capital or revenue-Advertisement, marketing and promotion expenses-Allowable as revenue expenditure. [S. 92CA(3)]
MakeMy Trip (India) Pvt. Ltd. v. Dy. CIT (2020) 82 ITR 71 (Delhi) (Trib.)
S. 37(1) : Business expenditure-Bank-Broken period interest-Paid for securities at time of acquisition-Allowable as deduction-Appellate Tribunal-Pronouncement of 90 days-Lockdown period to be excluded [ITAT R.34(5)]
ACIT v. HDFC Bank Ltd.(2020) 82 ITR 533 (Mum.)(Trib.)