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. 69B : Amounts of investments not fully disclosed in books of account –Capital accounts -Books of account – Firm -Partner -Share in partnership was not included in the books of account- Difference was explained – Addition was held to be not justified.
DCIT v. Hrishikesh D. Pai (2018) 173 ITD 272 /( 2019) 197 TTJ 583(Mum.) (Trib.)
S. 69 : Unexplained investments-Foreign remittances-From a foreign bank, as a result of disbursements from a family trust-Addition is held to be not justified.
DCIT v. Pratibha Pankaj Patel. (2018) 173 ITD 593/( 2019) 175 DTR 105/ 307 CTR 233 (Ahd.) (Trib.)
S. 68 : Cash credit-Gift from father–Failure to bring on record any material evidence to prove creditworthiness and capacity of his father to advance huge amount of cash gift from any known source of income-Addition is held to be justified [S. 56(2)(viic)]
Sunil Ramakrishna. v. DCIT (2018) 173 ITD 468 (SMC) (Bang.) (Trib.)
S. 68 : Cash credit-Credit entry in capital account-Maintenance of one set of accounts for himself, as an individual and other set of accounts for his sole proprietorship concern is valid – Capital introduced cannot be added as cash credit when proper explanation is furnished.
Ajay Jaysukhlal Mehta. v. ACIT (2018) 173 ITD 430/( 2019) 197 TTJ 861 (Ahd.)(Trib.)
S. 68 : Cash credits-Share premium -Equity shares and preference shares stand on different footing and thus, net asset value method could not be used in case of preference shares to compute excess share premium charged on those shares so as to make addition as cash credits.
ACIT v. Golden Line Studio (P.) Ltd. (2018) 173 ITD 200 (Mum.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Purchase of new residential house within due date specified under S. 139(4) from date of transfer of original asset- Entitle to exemption. [S. 45, 54F(4), 139(4)]
Shrawankumar G. Jain v. ITO (2018) 173 ITD 417 (Ahd.)(Trib.)
S. 54F : Capital gains-Investment in a residential house -Depreciable asset-Exemption is available even on short-term capital gains calculated on sale of depreciable assets held for more than 36 months. [ S. 2, 42(A), 45, 50]
Shrawankumar G. Jain. v. ITO (2018) 173 ITD 417 (Ahd.)(Trib.)
S. 54F : Capital gains-Investment in a residential house–Capital gains account scheme – Part of sale consideration received in cash was taken over by department before due date of filing of return- Exemption cannot be denied on the ground that capital gain was not deposited in capital gains account with in prescribed time-S. 54 , 54F being beneficial provision, non-reference about specific section under which assessee is making claim exemption cannot be denied. [S. 45, 54]
ACIT v. Dr. S. Sankaralingam (2018) 173 ITD 413/( 2019) 174 DTR 438/ 197 TTJ 749 (Chennai) (Trib.)
S. 54F : Capital gains – Investment in a residential house-Purchase of three different properties -Exemption was allowed only in respect of one constructed house – Prior to 1-4-2015. [S. 45]
Rakesh Garg. v. ITO (2018) 173 ITD 302/( 2019) 197 TTJ 632 (Jaipur)(Trib.)
S. 54F : Capital gains-Investment in a residential house– Commercial property–Held more than thirty six months- Depreciation was claimed – Purchase of residential flat – Eligible deduction. [S. 45, 50]
DCIT v. Hrishikesh D. Pai (2018) 173 ITD 272/( 2019) 197 TTJ 583 (Mum.)(Trib.)