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 — Gifts – Creditworthiness of donors was proved – Deletion of addition was held to be justified – Finding of fact [ S. 69A ]

CIT v. Latha Rajee Mathew. (2018) 402 ITR 78 (Mad)( HC)

S. 68:Cash credits — Gift — Failure to produce evidence of credit worthiness and genuineness of gifts addition as unexplained deposits was held to be justified .

Pandit Vijay Kant Sharma v. CIT (2018) 402 ITR 358/ 169 DTR 108/304 CTR 1012 (All) (HC)

S. 68: Cash credits –Not required to explain source of source -Confirmation letters , affidavits PAN no was filed, deletion of addition was held to be justified .

PCIT v. Veedhata Tower Pvt. Ltd.(2018) 403 ITR 415/ 166 DTR 218 / 302 CTR 490 (Bom)(HC) , www.itatonline.org

S. 56 : Income from other sources – Amount received at the time of retirement from partnership firm after surrendering her right, title and interest, same was said to be received for consideration and, thus, same could not be taxable in hands of the assessee , as capital gains or income from other sources . [ S. 2(47)(i) , 2(47)(ii), 4,45 , 56(2)(vi) ]

Vasumati Prafullachand Sanghavi (Smt.) v. DCIT (2018) 168 ITD 585/193 TTJ 101/ 169 DTR 227 (Pune) (Trib.)

S.56: Income from other sources- Interest income on fixed deposit is held to be assessable as income from other sources [ S.28(i) ]

Nilesh Janardan Thakur v. ITO (2018) 168 ITD 143 /192 TTJ 786 (Mum) (Trib.)

S. 56 : Income from other sources – Redeemable non-cumulative preference shares (RNCPS) cannot be excluded from ambit of section 56(2)(viib)- In case of issue of redeemable non-cumulative preference shares (RNCPS) at premium, conclusion of valuer that 10 per cent discount factor was appropriate, was to be upheld as it was based on proper comparable for bench marking [ S.56(2)(viib), Rule 11UA(c)(c), ]

Microfirm Capital (P.) Ltd. v. DCIT (2018) 168 ITD 301/62 ITR(T) 109/192 TTJ 431// 164 DTR 35 (Kol) (Trib.)

S.56: Income from other sources- Agricultural income –Consideration was not shown to avoid payment of stamp duty-Consideration was held to be assessable as income from other sources and not as agricultural income, however levy of concealment penalty was held to be not justified [ S. 271(1) (c ) ]

ACIT v. Mohinder Singh (Chd.)(Trib) www.itatonline.org Malkit Singh v. ITO (Chd.)(Trib) www.itatonline.org

S. 56: Income from other sources –Relative – Hindu Undivided Family (HUF)- Gift by the mother of the Karta of the HUF, to the HUF is liable to be taxed as the mother can not be considered as member of HUF – Revision was held to be justified – Assessee was directed to produce valuation report as per rule 11UA . [ S. 2(31 ), 56(2)(vii) ,263 ]

Subodh Gupta (HUF) v. PCIT ( 2018) 169 ITD 60 /166 DTR 153 / 193 TTJ 442(Delhi)(Trib) www.itatonline.org

S. 56 : Income from other sources -Under valuation of shares -The “fair market value” of shares acquired has to be determined by the taking the book values of the underlying assets and not their market values [S. 56(2)(viia) R.11UA ]

Minda SM Tecnocast Pvt. Ltd. v. ACIT ( 2018) 170 ITD 12 (Delhi)(Trib) , www.itatonline.org

S. 55 : Capital gains – Cost of improvement – Cost of acquisition – Approved valuer’s report itself is a piece of evidence and Act does not require that opinion of approved valuer should have been supported with further evidence in shape of circle rate or exemplar sale deeds etc, value as on 1-4-1981 on the basis of approved valuer was held to be valid [ S. 45, 55(2)(b)(ii) ]

PCIT v. Vidhi Agarwal ( Smt.) (2018) 252 Taxman 395 (All.)(HC)