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. 45(3) : Capital gains – Transfer of capital asset to firm – AOP – BOI – Full value of consideration – Stamp valuation- Deemed full value of consideration shall be considered for the purpose of computation of capital gain as per which the amount recorded in the books of account of the firm shall be taken as a full value of consideration- Provision of S.50C is not applicable- Special provision of S.45(3) override the general provision of S.50C of the Act . [ S.45 ,48, 50C ]
Amartara v DCIT ( Mum) (Trib) (UR )
S.254(2): Rectification of mistake apparent on record – Application for rectification was filed with in period of six months – Order recalling the order is beyond period of limitation is held to be valid . [ S.255(5) , ITAT R. 24 ,Art.226 ]
PCIT v. ITAT ( 2020) 425 ITR 581/ 186 DTR 342 / 271 Taxman 99/ ( 2021 ) 322 CTR 861 ( Bom) (HC) www.itatonline.org
S.254(1): Appellate Tribunal – Power -Delay of 3389 days – NO sufficient cause is shown – Tribunal is justified in rejecting the application for condonation of delay .[ S.260A ]
Perfect Circle India Ltd. (Now known as Anand I-Power Ltd.) v. ACIT( 2020) 423 ITR 65/ 274 Taxman 516 ( Bom) (HC)
S.45: Capital gains – Carry forward of long term capital loss on sale of shares to be set of in subsequent years – long term capital loss on sale of the shares being exempt u/s. 10(38) of the Act- Question of law is admitted by the High Court . [ S. 2(14) (a) , 2(29B ),10(38) , 72, 260A ]
PCIT v. Vibhadeep Investments & Trading Ltd ( Bom) (HC) (UR)
S.45: Capital gains- Surrender of tenancy rights – Assessable as capital gains and not as income from other sources – Invested in capital bonds is eligible for exemption u/s 54EC of the Act .[ S.48 , 54EC ,56 ]
Amol C. Shah (HUF) v .ITO (2020 ) 423 ITR 408 /274 Taxman 519 ( Bom) (HC)
S. 264 :Commissioner – Revision of other orders –Income from sale of property is shown as short term capital gains- Revision application made to assessee the income as business income [ S.5A, 28(i),45(2), 143(1) ,Portuguese Civil Code , Art .226 ]
Rajesh Prakash Timlo v. PCIT ( Bom) (HC) (UR) Vidya Rajesh Timlo v. PCIT ( Bom) (HC) (UR)
S. 254(1) : Appellate Tribunal – Duties -Strictures – Disallowance of administrative expenses- Matter remanded to the Tribunal following the earlier year order. [ S.40(a)(ia) , 40(b)(a), 194C ]
PCIT v ITD CEM INDIA JV (Bom) (HC) (UR)
S. 254(1) : Appellate Tribunal – Duties- Delay of 253 days in filing the appeal before the Tribunal is condoned – Directed the assessee to deposit Rs 10000 / with the Maharashtra State Legal Services Authority and submit receipt of the same before the Office the Tribunal – Directed the Tribunal to decide on merit [ S.12A(3), 253 ]
Nandkishor Education Society v CIT ( Bom) (HC) (UR)