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.54F: Capital gains-Investment in a residential house-Sale of non-agricultural land-No deposit was made in the capital gains account-Expenditure incurred towards the construction of the house till the due date for filing of return under section 139(4) was to be allowed as deduction under section 54F-Matter remanded. [S. 45, 139 (4)]

Alpesh Navinbhai Barot. v. ITO (2025) 214 ITD 387 (Ahd) (Trib.)

S. 54B: Capital gains-Land used for agricultural purposes-Reinvestment-Additional sale consideration from an escrow account-Reinvested in new asset-Matter remanded for reverification.[S. 45]

Nitin R Shah. v. DCIT (2025) 214 ITD 646 (Ahd) (Trib.)

S. 50C: Capital gains-Full value of consideration-Stamp valuation-DVO valued the property more than the Stamp Valuation Authority-Assessing Officer was required to accept the full value of consideration as per value determined by the Stamp Valuation Authority, i.e Rs 3.21 crores. [S.45, 50C(3)]

Chittu Bhawanji Narsey. v. ITO (2025) 214 ITD 400 (Mum) (Trib.)

S. 48: Capital gains –Mode of Computation-Investment in mutual fund-JM Balanced Fund-Short-term capital loss-Supported by proper documents and recorded in books-Disallowance by Assessing Officer based on suspicion of manipulation was unsustainable-There was no SEBI action or direct evidence of collusion-Short-term capital loss was allowable. [S.45, 94(7), 133A]

DCIT v. CMS Computers Ltd. (2025) 214 ITD 443 (Mum) (Trib.)

S. 48 : Capital gains –Mode of Computation-Indexed cost-1/4th co-owner-Matter was to be remanded back to the file of Assessing Officer with a direction to work out the correct LTCG derived on sale of asset.[S. 45]

Alpesh Navinbhai Barot. v. ITO (2025) 214 ITD 387 (Ahd) (Trib.)

S. 45: Capital gains-Transfer –General Power of Attorney-Assessee executed GPA authorising agent to deal with land-Agent sold portion thereof to a company-Mere execution of GPA did not constitute transfer under section 2(47) in favour of agent-Only actual sale consideration received for transfer was taxable in assessee’s hands, not any sum received by power agent.[S. 2(47)]

Natesan Ekambaram. v. DCIT (2025) 214 ITD 615 (Chennai) (Trib.)

S.45: Capital loss-Sale of shares-Securities transaction tax–loss was allowable as a capital loss.

G.N. International (P.) Ltd. v. ACIT (2025) 214 ITD 180 (Delhi) (Trib.)

S. 45: Capital loss-Advance for purchasing a commercial plot-Cancellation of forfeited amount paid in earlier years-Allowable as capital loss. [S. 2(14) 2(47)(ii)]

G.N. International (P.) Ltd. v. ACIT (2025) 214 ITD 180 (Delhi) (Trib.)

S. 45: Capital gains-Slump sale-Set-off of long-term loss against long-term gain from slump sale. [S.2(29B), 2(42C), 50B]

ACIT, LTU v. Prudential Sugar Corporation Ltd. (2025) 214 ITD 11 (Chennai) (Trib.)

S.43CA: Transfer of assets-other than capital assets-full value of consideration-stock in trade-Agreement value-Stamp valuation-Registration agreement at a later date-Transaction was completed in an earlier year and offered to tax-Addition cannot be made in the year of registration. [S. 2(47)(v), S.50C, Transfer of Property Act, 1882, S.53A]

Navketan Premises (P.) Ltd. v. DCIT (2025) 214 ITD 243 (Mum) (Trib.)