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
Click here to download the pdf versions of the Digest of case laws

S. 80IA : Industrial undertakings-Infrastructure development-Developer-cum-contractor-Eligible for exemption. [S. 80IA(4))(i)]

Katira Construction Ltd. v. ACIT (2020) 185 ITD 173 (Rajkot) (Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Ad-hoc addition-Only difference between gross profit rate on genuine purchases and gross profit rate on alleged hawala can be added-Once reassessment is held to be valid-Free to assess any other income. [S.147, 148]

Devi Construction Company v. DCIT (2020) 185 ITD 858/193 DTR 225/207 TTJ 130 (Pune)(Trib.)

S. 69B : Amounts of investments not fully disclosed in books of account-Investment in stock-Finding based on search conducted by DGCI-Order set aside by CESTAT-Addition was to be deleted.

Raghuveer Metal Industries Ltd. v. DCIT (2020) 185 ITD 482 (Jaipur)(Trib.)

S. 69A : Unexplained money-Gold inherited from mother-Sale proceeds of gold-Not shown in the balance sheet-Addition is held to be not justified when there is no statutory provision to show in the balance sheet.

Hetal Nishith Merchant. (Mrs.) v. ITO (2020) 185 ITD 738 (Mum.)(Trib.)

S. 68 : Cash credits-Share capital-Investors had sufficient net worth-Addition is held to be not justified.

Bini Builders (P.) Ltd. v. DCIT (2020) 185 ITD 236/ (2021) 211 TTJ 869/ 203 DTR 334 (Mum.)(Trib.)

S. 56 : Income from other Sources-Shares-Valuation-Net Asset Value (NAV) method-Discounted Cash Flow (DCF) method-Choice is with assessee-Assessing Officer can determine a fresh valuation but cannot change method of valuation which has been opted by assessee-Matter remanded. [S. 56(2)(viib), R.11UA]

I-Exceed Technology Solutions (P.) Ltd. (2020) 185 ITD 8 (Bang.)(Trib.)

S. 56 : Income from other sources-Share premium-Method of valuation-Discounted cash flow method, or book value method-Choice is with assessee-Revenue cannot force assessee to adopt particular method for valuing fair market value of share. [S. 56(2)(viib), R.11UA(1)(c)(b), 11UA(2)(B)]

ACIT v. Anala Anjibabu. (2020) 185 ITD 1/193 DTR 377/207 TTJ 239 (Vishakha) (Trib.)

S. 56 : Income from other sources-Deemed gift-Agreement for purchase of flat-stamp duty valuation or fair market value of immovable property was to be considered as on date of payment made by assessee towards booking of flat. [S. 56(2)(viii)]

Radha Kishan Kungwani. v. ITO (2020) 185 ITD 433 (Jaipur) (Trib.)

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.)