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. 50C : Capital gains-Full value of consideration-Stamp valuation- Sale of inherited residuary right in the property-No transfer of land or building -Provision of S.50C is not applicable-Cost of acquisition to be taken at nil.[S. 45]

Maitri Morarji v. ITO (Mum.) (Trib.) (UR)

S. 49 : Capital gains – Previous owner – Cost of acquisition – Shares received on dissolution of Trust – Period of holding of the previous owner i.e. the Trust to be considered -Sale consideration received on sale of shares has to be assessed as long term capital gains [S. 45, 49(1)(iii)(b), 54F, 68 ]

ACIT v. Dhruv Khaitan ( Mum) (Trib) (UR) ACIT v. Archana Kahitan ( Mrs ) ( Mum) (Trib) (UR )

S. 37(1) : Business expenditure- Capital or revenue -Purchase of software- Held to be revenue expenditure.

CIT v. Global Tele-Systems Ltd ( 2019) 183 DTR 381( Bom) (HC)

S. 272A : Penalty-Failure to file return with in prescribed time period -Penalty provision will attract automatically irrespective income determined in the course of assessment. [S.139(4A), 272(2)(e), 275(1)]

Himalayan Educational Trust v. DCIT (E) (2019) 174 ITD 493 (Chennai)(Trib.)

S. 147 : Reassessment-After the expiry of four years-Two house properties – Annual value -Deemed let out- All relevant facts were brought on record at time of assessment–Reassessment is bad in law. [S. 22, 23(1), 148]

Pankaj Wadhwa v. ITO (2019) 174 ITD 479 (Mum.)(Trib.)

S. 145 : Method of accounting-Cash system-Tax deduction at source-Mismatch of professional receipts appearing in form no 26AS-Credit for tax deduction at source was claimed-Corresponding professional receipts cannot be assessed to tax if such receipts were otherwise not assessable as income for the relevant year. [S. 194A, 194J, 199 R.37BA, form 26AS]

Dhruv Sachdeva v. ACIT (2019) 174 ITD 504 (Delhi)(Trib.)

S. 143(2) : Assessment–Service of notice to manager is a valid service as the assessee has appeared before the Assessing Officer without taking any objection. [S. 292BB]

K.S. Cold Storage v. ACIT (2019) 174 ITD 485 /175 DTR 433/ 198 TTJ 905(Pune) (Trib.)

S. 73 : Losses in speculation business – Business of manufacturing and trading of soya premier nutrition and dairy products- Hedging of forward trading – No specific details shown by the assessee to demonstrate that to guard against loss through price fluctuation which might arise from contracts for delivery of goods- loss from alleged contracts did not fall under proviso (a) of section 43(5) of the Act. [ S.43(5)]

Premier Industries (India) Ltd. v. JCIT (2019) 174 ITD 415 (Indore)(Trib.)

S. 56 : Income from other sources -Share holder -Close relatives -Transactions between close relatives provisions of S 56(2) (vii)(c) is not applicable-Revision on the basis of audit objection is held to be not valid [S. 56 (2) (vii)(c), 263]

Kumar Pappu Singh v. DCIT (2019) 174 ITD 465 / 175 DTR 198 (Visakha) (Trib.)

S. 54F : Capital gains – Investment in a residential house – Though new asset purchased within prescribed period had been let out would still be entitled to claim deduction. [S. 45]

ACIT v. Ishita Mohatta (Mrs.) (2019) 174 ITD 407 (Kol.)(Trib.)