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. 56 : Income from other sources-Valuation of shares-Share premium-As per rule 11UA(1)(c)(b), it is prerogative of assessee to estimate fair market value of shares issued by it by adopting one method out of two methods i.e. discounted cash flow method or book value method, and that revenue authorities cannot force assessee to adopt particular method for valuing fair market value of share. [S. 56(2)(viib), R. 11UA]

ITO v. Ashoka Industries Ltd. (2020) 185 ITD 629 (Cuttack) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Invested in capital gain account scheme-Gains along with minor children-Sale of equity shares of Pvt. Ltd. company-Entitle to exemption-More than one house-Matter remanded for verification. [S.45, 64]

Hemant Shah v. ACIT (2020) 185 ITD 68 (Mum.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Mere name of the assessee in the purchase deed cannot be ground to reject the claim of exemption. [S. 45]

Anil Dev v. DCIT (2020) 185 ITD 418/ 119 taxmann.com 328 /82 ITR 19(SN) / (2021) 198 DTR 150 / 209 TTJ 920 (Bang.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Amount utilised for construction of house-Additional evidence-Matter remanded. [S. 54(2), 254(1), R. 46A]

R. Lakshmamma. v. ITO (2020) 185 ITD 547 (Bang.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Sale deed not registered-50% sale in agricultural land-Addition cannot be made on the basis of deemed sale consideration [S. 45]

Alka Jain. (Smt.) v. ACIT (2020) 80 ITR 464 / 185 ITD 224/ 207 TTJ 1013 (Delhi) (Trib.)

S. 49 : Capital gains-Previous owner-Cost of acquisition-Indexed cost-Indexed Cost of acquisition was to be Computed by taking year of acquisition as 1988 i.e. when property was acquired by previous owner and not year when property was gifted. [S. 45]

Fozia Khan (Ms.) v. ITO (2020) 185 ITD 446 (Jaipur)(Trib.)

S. 48 : Capital gains-Computation-2% of sale Commission payment held to be allowable as expenditure-Amount paid to furniture is held to be not allowable as the claim was not made before the lower authorities. [S. 45, 54]

Fozia Khan. (Ms.) v. ITO (2020) 185 ITD 446 (Jaipur)(Trib.)

S. 45 : Capital gains-Slump sale-Amount kept in Escrow account-Payable in five instalments on fulfilment of certain obligation-Entire capital gains cannot be taxed in the relevant year. [S. 50B]

Universal Medicare (P.) Ltd. v. DCIT (2020) 185 ITD 250 / (2021) 211 TTJ 396 (Mum.) (Trib.)

S. 45 : Capital gains-Agricultural Land-sold was too small-No evidence was produced for the agricultural activities carried on-Assessable as capital gains. [S. 2(14)(iii)]

Jairam G Kimmane. v.Dy.CIT (2020) 185 ITD 511 /( 2021 ) 88 ITR 3008 (Bang.)(Trib.)

S. 43(3) : Plant-Golf course-Eligible depreciation at 15%. [S. 32]

Landbase India Ltd. (2020) 80 ITR 580 / 185 ITD 40 (Delhi)(Trib.)