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. 54EC : Capital gains-Investment in bonds–Investment of 50 lakhs each in two different financial years–Eligible for exemption. [S. 45]

ACIT v. Seema Sobti. (2019) 177 ITD 370 / 181 DTR 132 (Delhi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence–Booking of semi finished flat with builder-Carry out internal fit-outs to make it liveable on its own-treated as construction of property and not purchase of property, same was to be treated as case of construction of property and not purchase of property- Entitle to exemption. [S. 45]

ACIT v. Seema Sobti. (2019) 177 ITD 370 / 181 DTR 132 (Delhi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence– Due to ignorance the deduction is claimed u/s. 54F instead S.54– Exemption cannot be denied.[S. 54F]

ACIT v. Jai Kumar Gupta (HUF) (2019) 177 ITD 558 (Mum.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence–Failure to obtain possession of plot with in period of three years- Exemption cannot be denied. [S. 45]

Varun Seth v. ACIT (2019) 177 ITD 499/ 182 DTR 1 (Delhi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Right of allotment–Surrender of rights-Held more than three years –Compensation assessable as long term capital gains-Entitle to exemption in relation to investment in new flat. [S. 2(47)(ii), 45, 47]

ACIT v. Ashwin S. Bhalekar (2019) 74 ITR 5 (Mum.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation –Report of DVO–CIT(A) is bound to issue notice Valuation officer –Matter remanded. [S. 45]

Lovy Ranka v. DCIT (2019) 177 ITD 321 (Ahd.)(Trib.)

S. 50C : Capital gains-Full value of consideration-stamp valuation- Date of agreement-Registration- Value adopted or assessed or assessable by stamp valuation authority on date of agreement is to be taken for purpose of computing full value of consideration for such transfer-Matter remanded. [S. 45]

Kishore Hira Bhandari v. ITO (2019) 177 ITD 565/ ( 2020) 205 TTJ 591 (Mum.)(Trib.)

S. 50B : Capital gains–Slump sale–Sale of business undertaking- Assessable as long term capital gain. [S.2(9AA), 2(42C), 45, 50]

Amalgam Foods Ltd. v. DCIT (2019) 177 ITD 606 (Cochin)(Trib.)

S. 50 : Capital gains-Depreciable assets-Block of assets–Sale of flat–Purchase of flat for self occupation-Sale of premises assessable as short term capital gains. [S. (2(11), 43(6), 45]

Sonu Nigam v. ACIT (2019) 177 ITD 597 (Mum.)(Trib.)

S. 49 : Capital gains-Previous owner-Cost of acquisition-At time of filing of return of income on 30-9-2009, sub-clause (e) to section 49(1)(iii) was not in statute as same was inserted by Finance Act, 2012, with retrospectively effective from 1-4-1999-Provision cannot be applied for computing the capital gains of relevant year. [S. 45, 47(xiii)]

Utsav Cold Storage (P.) Ltd. v. ITO (2019) 177 ITD 545 / 177 DTR 83 / 199 TTJ 409 (Jaipur)(Trib.)