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
Click here to download the pdf versions of the Digest of case laws

S. 55A : Capital gains – Reference to valuation officer -Only where Assessing Officer of opinion that Valuation of Registered Valuer Less than fair market value of property—Amendment to S.55A is not retrospectively applicable.[S. 45]

Balu Vitthal Kharate v. ITO (2019) 70 ITR 315 (Pune)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Not depositing unutilised amount of capital gains in capital gains Scheme Account by date of filing of return—Not entitled to exemption.[S. 45]

Sameer Vithalrao Ghanwat v. ITO (2019) 70 ITR 341 (Pune)(Trib.)

S. 54EC : Capital gains-Investment in bonds-Investment of Rs. 50 lakhs each in two different financial years within a period of six months from date of transfer of capital asset- Eligible for exemption. [S. 45]

ACIT v. Akshay Sobti (2019) 177 ITD 92 (Delhi)(Trib.)

S. 54EC : Capital gains-Investment in bonds-Chartered Accountant firm-Capital gains from sale of its client relationships and goodwill pertaining to its business of internal audit and risk consultancy (IARC) practice-Investment in specified bonds- Eligible to exemption. [S. 2(14), 28(va), 45, 55(2)(a)(ii)]

J.C. Bhalla & Co. v. ACIT (2019) 177 ITD 1 182 DTR 195 (Delhi)(Trib.)

S. 54B : Capital gains – Land used for agricultural purposes–Land purchased in the name of assessee’s son–Exemption cannot be denied. [S. 45]

Balu Vitthal Kharate v. ITO (2019) 70 ITR 315 (Pune)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Investment of consideration for booking a semi-finished flat with a builder-Treated as construction of property and not purchase of property-Entitle to exemption. [S. 45]

ACIT v. Akshay Sobti (2019) 177 ITD 92 (Delhi)(Trib.)

S. 44AC : Non-Resident-Head office expenditure-Issue raised first time before Appellate Tribunal- Matter remanded–DTAA-India-UK [Art. 26]

Standard Chartered Bank v. JCIT (2019) 177 ITD 139/200 TTJ 774 / 178 DTR 201(Mum.) (Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability -Assignment of loan to third party by making a payment in terms of present value of future liability-Surplus resulting from assignment of loan was not cessation or extinguishment of liability as loan was to be repaid by third party- Cannot be assessed as cessation of trading liability.[S. 28(iv)]

Cable Corporation of India Ltd. v. DCIT (2019) 177 ITD 223/ 201 TTJ 1009 / 183 DTR 9 (Mum.)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Waiver of loan per se does not amount to cessation of trading liability-Not assessable as income-Matter remanded for verification. [S. 28(iv)]

ITO v. Wasan Exports (P.) Ltd. (2019) 177 ITD 115 (Delhi) (Trib.)

S. 40(b)(ii) : Amounts not deductible-Working partner– Remuneration–Bonus-Supplementary partnership deed– Allowable as deduction.

J.C. Bhalla & Co. v. ACIT (2019) 177 ITD 1/ 182 DTR 195 (Delhi) (Trib.)