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. 68 : Cash credits -Assessing Officer has not made any inquiry of his own either issuing notice under section 133(6) or 131 of the Act- Tax deducted at source -Filed confirmation- Burden is discharged -Addition is deleted.[S.131, 133(6)]

Rajgreen Infralink LLP v. Dy. CIT [2024] 109 ITR 52 (Surat)(Trib)

S. 56: Income from other sources – Sale of property — Stamp value — Agreement fixing consideration in 2010,registration taking place in 2013 — Paid part consideration by cheque in 2010 before date of agreement — Stamp value on date of agreement In 2010 to be considered- Addition is deleted. [S. 56(2)(vii)(b)]

Shyamkumar Madhavdas Chugh v. ACIT [2024] 109 ITR 49 (SN)/ 205 ITD 227 (Delhi)(Trib)

S. 54F : Capital gains -Investment in a residential house -Three flats -Single unit to be eligible for deduction.[S. 45]

Bhaskar Prataprai Shah v. DCIT [2024] 161 taxmann.com 412 (Mum)(Trib)

S. 54F : Capital gains -Profit on sale of property used for residence -Registered in the name of the parents -Payment made through assessee’s bank account -Registered property gifted to the assessee by parents -Rule of purposive construction -Deduction is allowed.[S. 45, 54]

Rajiv Ghai v. Asst. CIT [2024] 109 ITR 439 (Delhi)(Trib)

S.54EC: Capital gains-Investment in bonds -Investment in bonds -Sale of office premises -Depreciable assets -Six months mentioned in section 54EC is to be recorded as six British calendar months -Eligible for deduction in respect of both investments. [S. 2(11), 45, 50]

Shangar v. DCIT [2024] 205 ITD 126 (Ahd) (Trib)

S.54: Capital gains -Profit on sale of property used for residence-Purchase of new house in name of spouse -Eligible for deduction.[S. 45, 54F]

Simran Bagga v. ACIT [2024] 205 ITD 100 (Delhi) (Trib)

S. 48 : Capital gains -Cost of improvement –Selective reading of sale agreement could not necessarily lead to disallowance- Expenses incurred to make house habitable allowable as deduction. [S. 45, 54, 54F]

Rajiv Ghai v. Asst. CIT(IT) [2024] 109 ITR 439 (Delhi)(Trib)

S. 48: Capital gains -Mode of computation -Denial of indexed cost of improvement for the property sold -Expenses incurred for the renovation of house property –Merely because there is no written agreement expenses incurred cannot be disallowed. [S. 45]

Ashwin Kapur v. Asst. CIT [2024] 109 ITR 27 (SN) (Delhi)(Trib)

S. 45:Capital gains- Short term capital loss -Sale of shares -Alleged bogus sales -Shares traded on BSE -No independent enquiry conducted by AO regarding rigging up of the price of shares by the Assessee or his broker –Loss is allowed to be set off against capital gains.

Varun Naginbhai Patel v. Dy. CIT [2024] 109 ITR 14 (SN) (Ahd)(Trib)

S. 44AD: Presumptive basis -Sale of milk – Computation of Profits and gains of business on presumptive basis- Return not filed -Below taxable income -Directed to add 8 % of the turnover. [S.139(1)]

Swaran Singh v. ITO [2024] 109 ITR 579 / 205 ITD 725 (Amritsar) (Trib)