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-Share transaction-Sale of shares of Parraneta Industries Ltd (Known as Aadhar Ventures Ltd)-Report from Investigation wing-Capital gain-Penny stock-Accommodation entries-Shirish C. Shah-No specific finding against the assessee-Addition is deleted-Entitle to exemption. [ S. 10(38), 45]

Mamta Mehta v. ITO (2023) 226 TTJ 97 (UO) (Mum)(Trib)

S. 68 : Cash credits-Cash deposited out of agricultural income-Sufficient cash balances-Addition is deleted.

Pandya Munde (Smt) v. CIT(A) (2023) 226 TTJ 49 (UO) (Mum)(Trib)

S. 56 : Income from other sources-Shares at premium-FMV-Addition is deleted. [ S. 56(2)(viib), R.11UA]

Dy.CIT v. Devi Iron & Power (P) Ltd (2023) 224 TTJ 59 (Raipur)(Trib)

S. 56 : Income from other sources-Shares at premium-DCF method-Market value determined by Valuer-Assessing Officer has no right to change the method of valuation-Deletion of addition is affirmed. [S. 56(2)(viib), R.11UA]

ACIT v. Gama Pizzakraft (Overseas) (P) Ltd (2023) 224 TTJ 545 (Delhi)(Trib)

S. 56 : Income from other sources-Capital gains-Sale of land-Stamp value-Cost of acquisition and improvement-Directed to allow the deduction. [ S. 45, 48, 56(2)(vii)(b)]

Bhausaheb Sopanrao Bhor v. ITO(2023) 225 TTJ 367 (Pune)(Trib)

S. 56 : Income from other sources-Stamp duty valuation-Date of agreement-Valuation as on the date of allotment of the transaction value recorded in the registration document has to be considered-Matter remanded. [S.56(2)(x)]

Sulochana Saijani Moodi v.ITO (2023) 225 TTJ 861/ 152 taxmann.com 56 (Mum)(Trib)

S. 56 : Income from other sources-Gift received from Hindu Undivided Family (HUF)-Group of relatives-Exempt under section 56(2)(vii) of the Act-Amount received by member of HUF exempt under section 10(2) [ S. 10(2), 56(2)(vii)]

Pandya Munde (Smt) v. CIT(A) (2023) 226 TTJ 49 (UO) (Mum)(Trib)

S. 56 : Income from other sources-Right shares-Allotted to proportionate to shareholding in company-Provision is not applicable in respect of allocation of rights shares allotted below FMV proportionate to his shareholding in company-Gifts-Additional shares received on account of renunciation of rights issue by wife and father-Relatives-Excluded from purview of operation of section 56(2)(vii)(c)-Renunciation of rights shares by third party shareholders in favour of assessee, allowing to gain controlling interest results in disproportionate allocation of rights shares in favour of assessee-Section 56(2)(vii)(c) shall apply, and income would be taxable-Share premium-Balance sheet-Balance sheet is not drawn up on date of allotment, for arriving at FMV of shares under section 56(2)(vii)(c)(ii), previous balance sheet which is audited and approved in AGM has to be taken into consideration, before allotment of share. [S. 56(2)(vii)(c), R.11UA(1)(c)]

Jigar Jashwantlal Shah v.ACIT (2022)142 taxmann.com 200 / 226 TTJ 161 (Ahd)(Trib) Editorial: Affirmed, PCIT v. Jigar Jashwantlal Shah [2023] 154 taxmann.com 568 /[2024] 460 ITR 628 (Guj)(HC)

S. 54B : Capital gains-Land used for agricultural purposes-Co-owner-Both seller and purchaser confirmed the transaction-There is requirement that the assessee should execute sale deed for claiming the exemption [ S. 45, 48, 55(2)(b)]

ITO v. Badri Prasad (2023) 226 TTJ 106 (UO) (Jodhpur)(Trib)

S. 45(4) : Capital gains-Distribution of capital asset-Dissolution of firm-Firm-Partners-Revaluation of assets-Amounts credited to partners capital account-Conversion of firm in to company-Not chargeable to tax in the hands of the partners.[ S.2(47), 45, 47(xiii)(b)]

ITO v. Jatin Kanubhai Kotadia (2023) 225 TTJ 663 /155 taxmann.com 617 (Ahd)(Trib) ITO v. Narendrabhai D. Kanani (2023) 225 TTJ 663 155 taxmann.com 617 (Ahd)(Trib)