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.68: Cash credits – Gift received by son- Source of cash deposits were explained – Addition cannot be made on the suspicion that source of source is doubtful.
Bhimanna Shrinivasa Rao v. ITO ( 2020) The Chamber’s Journal – May – P. 90 ( Vishakha) (Trib)
S. 68 : Cash credits – Firm -Partner- Capital brought in by partner – Agricultural income -Addition cannot be made in the assessment of the firm . [ S.2(31) (iv) ]
Keharwani Sheetalaya Sahsaon v. CIT ( 2020) 116 taxmann.com 382 / 274 Taxman 25/191 DTR 339 / 315 CTR 815 ( All) (HC)
S. 50C : Capital gains – Full value of consideration – Stamp valuation – Addition cannot be made without referring the matter to DVO- Power of Attorney holder does not became the owner of property on signing the sale deed in the capacity as constituted attorney [ S.45 ]
Ramesh Govindbhai Patel v .ITO ( 2020) 118 taxman. com 201 ( Ahd) (Trib)
S. 45(2) : Capital gains – Conversion of a capital asset in to stock-in-trade – Asset received under family arrangement treated as stock in trade – Addition cannot be made as capital gains. [ S.2(14), 49(1)]
CIT v. C. Ramaiah Reddy ( 2020) 272 Taxman 342/ 117 taxmann.com 540/ 192 DTR 425/ 316 CTR 370 ( Karn) (HC)
S.45: Capital gains – Development rights – Business assets -Accrual of income – Provisions of Section 2(47) r.w.s 53A of the Transfer of property Act 1882 are not applicable to transfer of development rights held by assessee as business assets [ S. 2(47)(v),44AD, 145 , Transfer of Property Act , 1882 , S.53A]
ITO v. Abdul Kayam Ahmed Moham Tamboli ( 2020) The Chamber’s Journal -August P. 119 ( Mum) (Trib)
S.45: Capital gains- Reduction in share capital- Compensation received by an existing partner on reduction of his share in the partnership firm is not liable gains tax [ S. 2(47), 4, 45(1) , 45(4)
Anik Industries Ltd v. DCIT ( 2020) 116 taxmann.com 385 ( Mum) (Trib)
S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Waiver of loan is neither taxable u/s 41(1) nor u/s 28(v ) of the Act .[ S.28 (v) ]
ITO v. Sri Vasavi Polymers Pvt Ltd ( 2020) 2020] 117 taxmann.com 236 ( Vishakha) (Trib)
S. 37(1) : Business expenditure – Capital or revenue- Repair and renovation of leased premises – Revenue expenditure – Power of CIT (A) – Cannot travel beyond the direction of the ITAT order [ S.250, 254(1)]
Aspect Research & Management P. Ltd v. ITO ( 2020) The Chamber’s Journal – June -P 81 (Delhi) (Trib)
S. 37(1) : Business expenditure – One time payment of annual lease rent is held to be allowable as revenue expenditure
Multitute Infrastructure Pvt Ltd v. Dy .CIT ( 2020) The Chamber’s Journal – March – P .123 ( Delhi) (Trib)
S. 36(1)(viii) : Eligible business – Business of providing long term finance for construction or purchase of houses in India – AO is directed to examine the issue [ S.254(1)
DCIT v. Repco Home Finance Pvt Ltd ( 2020) 83 ITR 530 / 183 ITD 782 / 117 taxmmann.com 233 ( Chennai) (Trib)