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. 57 : Income from other sources – Deductions – Dividend income – taxable under head ‘Income from other sources’ – Any expenditure incurred to earn dividend income including finance charges allowable as deduction .[ S. 57(iii) ]
Asia Investments P. Ltd. v. ACIT (2018) 63 ITR 535 /193 TTJ 214 (Mum) ( Trib.)
S. 54F : Capital gains – Capital gains on sale of house properties can be invested in construction of house property more than once for same new property, if cost of property is within capital gains that arose to the assessee. [ S.45 ]
ACIT v. Mohinder Kumar Jain (2017) 62 ITR 176 (Delhi) ( Trib.)
S. 54: Capital gains – Profit on sale of property used for residence – Where the construction of new house was commenced before sale of the original asset the Assessee was eligible to claim deduction in respect of payments made before such sale – Assessee was eligible to claim deduction in respect of amount deposited in capital gain scheme beyond due date of filing return u/s 139(1) but before time limit allowed u/s 139(4) [ S.45, 139(1) , 139(4) ]
Paramjit Kaur ( Mrs) v. ITO (2017) 190 TTJ 772/ (2018) 162 DTR 1 (Chd) ( Trib)
S. 50C : Capital gains – Full value of consideration – Stamp valuation-Agricultural land– Land situated within 8 km. of local Municipal limits-Addition under head capital gain applying the provision of S.50C is justified . [ S. 2(14)(iii), 45 ]
Girdhari Lal v. ITO (2018) 171 ITD 176 (Delhi) (Trib.)
S. 50B : Capital gains – Slump sale-Transfer of business division to subsidiary against shares, same was not a ‘slump sale’ but an ‘exchange’; thus, provisions of S. 50B is not applicable .[ S. 2(42C), 45 50C ]
Oricon Enterprises Ltd. v. ACIT (2018) 170 ITD 231 (Mum) (Trib.)
S.50 : Capital gains – Depreciable assets – Block of assets – Land on which staff quarters were situated – Staff quarters depreciation was claimed – No depreciation was claimed on land- Profit on sale of land is assessable as long term capital gains .[ S.2(11),45 ]
ACIT v. Seth Industries (P.) Ltd. (2018) 171 ITD 326 (Mum)(Trib.)
S.48 : Capital gains – Computation- Portfolio Management Scheme (PMS) – Deduction of PMS fee is not allowable as it is not a transfer fee, nor cost of acquisition/improvement.[ S.45 ]
Mateen Pyarali Dholkia v. DCIT (2018) 171 ITD 294 (Mum) (Trib.)
S. 48 : Capital gains –Property inherited on death of husband – cost of acquisition to be applied from the year when the previous owner first held asset and not when the assessee inherited the property. [S.55A]
Bhoote Meenakshi (Smt.) v. ACIT (2018) 62 ITR 754 (Bang.)(Trib.)
S. 48 : Capital gains – Computation -Shares held as investment -brokerage is held to be allowable as deduction – Demat charges is held to be not allowable as deduction while computing capital gains .[ S.45 ]
DLF Commercial Developers Ltd. v. Dy. CIT (2018) 192 TTJ 769 (Delhi.)(Trib.)
S. 45 : Capital gains- Business income -Investment in shares – Just because assessee has purchased and sold number of shares does not by itself make it business income when the AO accepted the scripts as investment in the balance sheet and books of account are accepted. [ S.28(i) ]
ACIT v. Bulls and Bears Portfolios Ltd. (2018) 62 ITR 685 (Delhi)(Trib.)