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. 54 : Capital gains – Profit on sale of property used for residence-Purchased new residential house before sale of another residential house owned -Investment is made within the stipulated period and the investment was more than the capital gains earned- Entitle to exemption. [ S.45,54F ]
Yatin Prakash Telang v. ITO (2018) 171 ITD 705/ 170 DTR 329/195 TTJ 892 (Mum)(Trib.)
S. 45 : Capital gains –Long term capital loss- Shares sold to a group concern in off market transaction at same price as was quoted on stock exchange on relevant date, loss incurred from said sale transactions was to be allowed as long term capital loss.[S.2(29B ]
Dy. CIT v. UMIL Share & Stock Broking Services Ltd. (2018) 171 ITD 713 / 170 DTR 441/ 196 TTJ 91(Kol)(Trib.)
S. 35 : Scientific research expenditure – Retrospective cancellation of approval, donor’s claim of deduction could not be denied as at the time of receipt of donation institute was benefitted by the approval as per S.35(1)(ii). [ S. 35(1)(ii) ]
P.R. Rolling Mills (P.) Ltd. v. DCIT (2018) 171 ITD 683/ 196 TTJ 494 (Jaipur)(Trib.)
S. 14A : Disallowance of expenditure – Exempt income –Net of interest-Benefits of netting of interest under rule 8D(2)(ii) be allowed without even emphasising on need of having any inextricable link between interest earned and interest paid prior to 2-6-2016. [ R.8D(2)(ii) ]
Dy. CIT v. UMIL Share & Stock Broking Services Ltd. (2018) 171 ITD 713 /170 DTR 441/196 TTJ 91(Kol)(Trib.)
S. 11 : Property held for charitable purposes – -Sports association- – Merely because some sponsorship was accepted from a private company for Asian games and Youth Olympic games, exemption cannot be denied .[ S.2(15) ]
Dy. CIT v. India Olympic Association (2018) 171 ITD 674 / 66 ITR 82 /170 DTR 321/195 TTJ 859 (Delhi)(Trib.)
S. 254(1) : Appellate Tribunal- Additional ground on question of law can be raised before Tribunal even in second round of appeal – Royalty received from overseas subsidiary from Egypt shown as taxable in the original return of income – Though the issue of taxability was not raised in the first round of appeal, additional ground was raised before the Tribunal in the second round of appeal – Tribunal allowed the claim and set aside the matter for verification- DTAA-India – Egypt [ Art. 13 ]
Asian Paints Ltd v. Dy CIT (Mum) (Trib) www.itatonline .org
S.68: Cash credits – Suspicious transaction in shares- Penny stocks -Capital gains – Increase of 432% with in six months without any economic or technical basis -Purchasers could not be located-Transfer deeds did not bear the names or other particulars of the sellers-Prices on exchange was manipulated by two brokers in a systematic manner -Seller , broker , purchasers are located in different cities – Purchase and sale transactions in shares have been executed off market without in fact even fulfilling the reporting requirements in respect thereof under the regulatory frame work .- Additions confirmed as cash credits treating the transactions as bogus . [ S.45, 54F ]
Ziauddin A .Siddique v JCIT ( Mum) (Trib) www.itatonline .org Editorial . Appeal of assessee is admitted , Zuddin A .Siddique v JCIT (Bom) (HC) ( ITA No. 287 of 2015 dt 31-10-2017 )
S.68: Cash credits – Suspicious transaction in shares- Penny stocks -Capital gains – Off market transactions for which payments were made in cash- Predated contracts – Genuineness was doubted – Addition was held to be justified .[ S.10(38), 45 ]
Ratnakar M. Pujari v. ITO ( Mum) (Trib)
S.45: Capital gains – Suspicious transaction in shares- Penny stocks -No defect in the papers support of the transactions, the suspension of the broker by SEBI will not hold the transaction invalid- Addition as cash credits is held to be not valid .[ S.68 ]
Pavillion Commercial Pvt Limited v. ITO ( Kol) (Trib) (www.itatonline.org )
S.45: Capital gains – Suspicious transaction in shares- Penny stocks
-Copies of the physical share certificates DEMAT account statement confirmation of the transactions of buying and selling of the said shares by the respective stock brokers, receipt of sale proceeds through banking channels, etc- Addition cannot be made as cash credits [ S.68 ]
Late Roshan Raja Through Legal v ITO (Mum) (Trib) (www.itatonline.org )