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–Gift-Assesse was transferor and not recipient and shares in question were those of listed companies- provisions of section 56(2)(viia) would not apply. [S. 56(2)(viia)]

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15 / 200 TTJ 179(Mum.)(Trib.)

S. 56 : Income from other sources–Share premium-Amount received in excess of fair market value of shares – S. 56(2)(viib) which seeks to tax amount received in excess of fair market value of shares is applicable only from assessment year 2013-14. [S. 56(2)(viib), 68]

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15 / 200 TTJ 179(Mum.)(Trib.)

S. 56 : Income from other sources–Capital gains-Income chargeable under specific head cannot be assessed under residuary head as income from other sources. [S. 45, 47(iii)]

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15/ 200 TTJ 179 (Mum.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Belated construction or possession would not be a ground to deny claim of exemption-Two separate flats purchased by assessee had two separate entrances, treated as one residential house – Entitle to exemption. [S. 45]

ITO v. Saroj Rani Gupta (Smt.) (2019) 176 ITD 109 (Kol.)(Trib.)

S. 50 : Capital gains-Depreciable assets-Block of assets-Brought forward business loss and long term capital loss can be set off against short term capital gain computed under section 50 on sale of factory building being depreciable asset. [S. 72, 74]

ITO v. Smart Sensors & Transducers Ltd. (2019) 176 ITD 104 (Mum.)(Trib.)

S. 47 (iii) : Capital gains-Transaction not regarded as transfer–Gift -Transfer of shares made as gift without consideration are not taxable under provisions of capital gains-Income chargeable under capital gains tax cannot be assessed as income from other sources. [S. 45]

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15 / 200 TTJ 179(Mum.)(Trib.)

S. 45 : Capital gains–Transfer-Transaction could not be materialised–Possession of land was in dispute-No profit or gain arose – Not liable to tax as capital gain. [S. 2(47)]

Appasaheb Baburao Lonkar v. ITO (2019) 176 ITD 115 / 69 ITR 460/ 176 DTR 9/198 TTJ 448 (Pune)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Investment in group concern–Commercial expediency–Allowable as deduction.

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15 / 200 TTJ 179(Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Not earned any dividend income-No disallowance can be made. [R. 8D]

Jayneer infrapower & Multiventures (P.) Ltd. v. DCIT (2019) 176 ITD 15/ 200 TTJ 179 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes–Application of income more than its gross total income-Accumulation at rate of 15 per cent is not required-voluntary donations towards corpus fund would be capital receipts hence not includible in its income. [S.11(1)(a), 12]

DCIT v. Shree Surat Jilla Leuva Patidar Samaj Trust. (2019) 176 ITD 69 (Surat) (Trib.)