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. 54 : Capital gains – Profit on sale of property used for residence –
As on date of transfer of original asset – Not owning more than one residential house — Capital gains deposited in capital gains savings account — Completion of construction within two years from date of sale of original asset —Entitled to exemption[ S.45, 54F ]
Sunil Malhotra v. ACIT (2020) 80 ITR 372 ( Delhi) (Trib)
S. 54 : Capital gains – Profit on sale of property used for residence -New property acquired in Son’s name —Exemption cannot be denied [ S.45 ]
Bhagwan Swaroop Pathak v. ITO (2020) 80 ITR 89( Delhi) (Trib)
S. 50C : Capital gains – Full value of consideration – Stamp valuation – Assessable – With effect from 1-10-2009 prospective in nature- Deemed sale consideration of Rs. 1.56 crores could not be invoked. [ S.45 , 48 ]
Alka Jain (Smt.) v. ACIT (2020) 80 ITR 464 ( Delhi) (Trib)
S.48 :Capital gains — Cost of acquisition — Valuation of land and building —Property let out -Valuation should be on basis of rent capitalisation method [ S.45 ]
R. Rosalin Vasanthi ( Smt.) v. ITO (2020) 80 ITR 525 (Chennai) (Trib)
S.45: Capital gains – Sale of shares – Penny stock – Assessment in search cases — Unexplained Income — Purchase of shares and sale transactions through Online Mode – Merely on presumption addition cannot be made – The presumption needs to be corroborated by some evidence to establish the same. [ S.10(34) , 68 , 69 132(4) 132(4A) ]
Dipesh Ramesh Vardhan v. Dy CIT ( 2020) 81 ITR 91 (SN) 195 DTR 161/ 208 TTJ 318 ( Mum) (Trib)
S. 44D : Foreign companies –Non-Resident — Fees For Technical Services — Technical experts on deputation to India — Not entitled to deduction- Ruling given by Authority not binding either on department or Tribunal – Fees for included services taxable — Not entitled to deduction [ S.10B ]
General Motors Overseas Corporation v. ACIT (IT) (2020) 80 ITR 478 (Mum) (Trib)
S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to group companies- Reimbursement of expenses – Not liable to deduct tax at source .[ S. 195 ]
ACIT v. APCO Worldwide (India ) Pvt Ltd ( 2020) BCAJ-October – P. 38 ( Delhi) (Trib)
S.37(1) : Business expenditure —Corporate social responsibility expenses —Matter remanded [ S.80G ]
First American (India) Pvt. Ltd. v. ACIT (2020) 80 ITR 538 ( Bang) (Trib)
S.32: Depreciation — Animation software ,stored in computer for use in films -Entitle to depreciation at 25% and not 60% .
Pentamedia Graphics Ltd. v. Dy. CIT (2020) 80 ITR 555 / 18 5 ITD 145/ 205 TTJ 892 (Chennai) (Trib)