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. 54F : Capital gains-Investment in a residential house -Depreciable asset-Exemption is available even on short-term capital gains calculated on sale of depreciable assets held for more than 36 months. [ S. 2, 42(A), 45, 50]
Shrawankumar G. Jain. v. ITO (2018) 173 ITD 417 (Ahd.)(Trib.)
S. 54F : Capital gains-Investment in a residential house–Capital gains account scheme – Part of sale consideration received in cash was taken over by department before due date of filing of return- Exemption cannot be denied on the ground that capital gain was not deposited in capital gains account with in prescribed time-S. 54 , 54F being beneficial provision, non-reference about specific section under which assessee is making claim exemption cannot be denied. [S. 45, 54]
ACIT v. Dr. S. Sankaralingam (2018) 173 ITD 413/( 2019) 174 DTR 438/ 197 TTJ 749 (Chennai) (Trib.)
S. 54F : Capital gains – Investment in a residential house-Purchase of three different properties -Exemption was allowed only in respect of one constructed house – Prior to 1-4-2015. [S. 45]
Rakesh Garg. v. ITO (2018) 173 ITD 302/( 2019) 197 TTJ 632 (Jaipur)(Trib.)
S. 54F : Capital gains-Investment in a residential house– Commercial property–Held more than thirty six months- Depreciation was claimed – Purchase of residential flat – Eligible deduction. [S. 45, 50]
DCIT v. Hrishikesh D. Pai (2018) 173 ITD 272/( 2019) 197 TTJ 583 (Mum.)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence -An advance given to a developer for booking of a flat in a residential project to be developed-booked flat prior to sale of existing immovable property-Neither on date of payment of advance nor till expiry of time period prescribed in respect of alleged new flat was in existence-Denial of exemption is held to be justified.[S. 45]
Jagdish Wadhwani. v. ITO (2018) 173 ITD 559 (Jaipur)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence – Purchase new house property within stipulated period of two years from date of transfer of original asset-Exemption cannot be denied on the ground that housing loan was utilised for purchase of new house property. [S. 45]
Hansa Shah v. ITO (2018) 173 ITD 260/( 2019) 69 ITR 334 / 175 DTR 212 (SMC) (Mum.)(Trib.)
S. 50B : Capital gains–Slump sale-Part consideration was kept in Escrow account which was received in subsequent year-segregation of consideration in to two parts is held to be not justified – Depositing a part of the consideration in an escrow account will not be, equivalent to a deferred consideration-.Entire consideration is taxable in the year of sale. [S. 45]
T.A. Taylor (P.) Ltd. ACIT (2018) 173 ITD 237/66 ITR 146 (Chennai) (Trib.)
S. 50B : Capital gains–Slump sale–Full value of consideration-Conditional sale -Part consideration would be paid on obtaining waiver of Minimum Guarantee Throughput (MGT) from Port Trust till transfer of terminal undertaking by assessee to KCPL-Amount retained by KCPL was never paid to the assessee as the assessee was not able to get waiver of Minimum Guarantee Throughput (MGT) from Port Trust. Consideration which was not received cannot be assessed as consideration received for sale-AO was directed to verify and decide in accordance with law. [S. 45, 48]
Konkan Storage Systems (P.) Ltd. v. ACIT (2018) 173 ITD 248 (Bang.)(Trib.)
S. 48 : Capital gains–Computation -Indexed cost of improvement-documentary evidence to prove quantum of expenditure incurred on improvement was not furnished -Disallowance is held to be justified. [S. 45, 54]
Jagdish Wadhwani v. ITO (2018) 173 ITD 559 (Jaipur)(Trib.)
S. 45 : Capital gains-Transfer of development right-Handing over possession of Land -Unregistered agreement-No valid transfer– Not liable to capital gains tax. [S.2 (47)(v)]
Saamag Developers (P.) Ltd. v. ACIT (2018) 173 ITD 350 (Delhi) (Trib.)