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. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Security–Shares-Sale of units of equity linked mutual funds and derived short term capital gain (STCG)-Exempt to tax in India – DTAA–India–UAE [S.5(2), Indian Companies Act, 2013, S.2(84), Securities Contract (Regulation) Act, 1956. Art. 3(2), 13(4)]

DCIT(IT) v. K.E. Faizal. (2019) 178 ITD 383 (Cochin)(Trib.)

S. 268A : Appeal–Monetary limit-Revised/enhanced minimum threshold limit of tax effect of Rs. 50 lakhs vide CBDT Circular No. 17/2019 dated 8-8-2019 is applicable not only for appeals to be filed by revenue in future but also for appeals already filed by revenue. [S. 253]

ACIT v. Bulland Buildtech (P.) Ltd. (2019) 178 ITD 790 (Delhi)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)–Powers–Additional evidence–Cash credits–Share application money-Deletion of addition accepting fresh evidence, without giving an opportunity to the AO– Violation of Rule 46A(3) is liable to be set aside. [S. 68, 254(1), R.46A]

DCIT v. Genex Industries Ltd. (2019) 178 ITD 855 (Chd.)(Trib.)

S. 71 : Set off of loss-One head against income from another- Unabsorbed depreciation is deemed to be current year’s depreciation and can be set off against capital gain. [S. 32(2), 45]

Hirsh Bracelet India (P.) Ltd. v. ACIT (2019) 178 ITD 601 (Bang.) (Trib.)

S. 69B : Amounts of investments not fully disclosed in books of account–Seized paper–Matter remanded. [S. 132 , 153A, 292C]

Dinesh H. Valecha v. DCIT (2019) 178 ITD 701 (Mum.)(Trib.)

S. 68 : Cash credits–Share application money–Issue of shares at premium-Journal entries–No inflow of cash-Deletion of addition is held to be justified. [S. 131]

ITO v. Bhagwat Marcom (P.) Ltd. (2019) 178 ITD 684 (Kol.) (Trib.)

S. 57 : Income from other sources-Deductions–Interest from bank-Bank charges-Failure to establish directly related to earning of interest income from banks. [S. 56, 57(iii)]

Dinesh H. Valecha v. DCIT (2019) 178 ITD 701 (Mum.)(Trib.)

S. 56 : Income from other sources–Gift- Difference in valuation in fair market value of property and value adopted by the AO is less than 1%-deletion of addition is held to be justified. [S. 56(2)(viia)]

DCIT v. Jain Housing (2019) 178 ITD 814 (Chennai)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-When an assessee objects for stamp valuation–AO is bound to make reference to DVO for determination of value of property-Matter remanded. [S.45, 50C(2)]

Aavishkar Film (P.) Ltd. v. ITO (2019) 178 ITD 613 (Mum.)(Trib.)

S. 45 : Capital gains-Land and building -Right in the lease hold land– Building-Lease hold right assessable under normal provisions of the capital gains-Building being depreciable asset capital gain to be computed as short term u/s.50 of the Act. [S. 2(11), 2(29A), 2(29B), 2(42A), 50]

Hirsh Bracelet India (P.) Ltd. v. ACIT (2019) 178 ITD 601 (Bang.) (Trib.)