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. 56 : Income from other sources-Purchase of flat-Immovable property-Date of allotment-Value as on date of allotment had to be treated as stamp duty value for purpose of provision of section 56(2)(x)-At that time payment made was more than stamp duty value, no addition could be made.[S. 56(2)(x)]
ITO v. Narendra Kumar Jain. (2024) 208 ITD 583 (Mum) (Trib.)
S. 56 : Income from other sources-Agricultural income-Increasing the expenditure on estimate basis-Addition is deleted.[S.10(1)]
A.S. Srinath (HUF) v. ITO (2024) 208 ITD 39/114 ITR 15 (SN) (Bang) (Trib.)
S. 54G : Capital gains-Shifting of industrial undertaking from urban area-Firm-Partner-Partner in partnership firm-New investment in partnership firm-Eligible for exemption. [S. 45, Wealth-tax Act, 1957, S. 5(1)(iv)]
Hasmukhbhai Makanbhai Padariya. v. ITO (2024) 208 ITD 322 (Rajkot) (Trib.)
S. 54F : Capital gains-Investment in a residential house-Purchase of residential plot for construction of house-Exemption can not be denied on ground of technical constraint that no permission was granted by ADDA to transfer land in name of assessee till date of investment-Income from other sources-Value of land-Difference in value of land given by DVO and value of land mentioned by assessee in transfer deed was less than 5 per cent, no addition was warranted on account of differential amount between value of land given by DVO and value of land. [S. 45, 56(2)(viib)]
Basabdutta Dutta v. ITO (2024) 208 ITD 30 (Kol) (Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-Sale deed refers possession of property was taken on 31-3-2015-With within period of one year before date of sale of original asset-Covenants in sale deed executed and registered were conclusive in absence of any evidence to contrary-Entitled for deduction.[S.54F]
Ramdas Sitaram Patil v. ACIT (2024) 208 ITD 620 (Pune) (Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-Cost of improvement-Expenditure incurred for habitable-Proper electrification, water facilities, wood work, glass work, etc-Allowable as deduction. [S. 45, 48]
Om Prakash Thakur. v. ITO (2024) 208 ITD 50 (Delhi) (Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Objection to valuation of property-Assessing officer is duty bound to refer matter to DVO in terms of Section 50C(2)[S. 45, 50C(2), 147, 148]
ITO v. Ketaben Janakbhai Patel. (2024) 208 ITD 445 (Ahd) (Trib.)
S. 45(4) : Capital gains-Distribution of capital asset-Dissolution of firm-Revaluation of asset-Crediting amount of said revaluation to partners’ capital account-Transfer-Profit or gain arising from transfer is taxable in hands of firm-, Fair market value fixed by stamp duty value authorities should be taken as deemed full value of consideration for purpose of section 48 of the Act. [S. 45, 48, 68]
Shree Estates. v. ITO (2024) 208 ITD 287/231 TTJ 628/242 DTR 105 (Hyd.) (Trib.)
S. 45 : Capital gains-Capital asset-Family settlement-Right of possession agreement-Undisclosed sources-Matter is restored to file of Assessing Officer to examine aforesaid facts.[S. 2(14), 69]
Gunvantbhai Narandas Patel v. ITO (2024) 208 ITD 105 (Ahd.)(Trib.)
S. 44BBB : Foreign companies-Civil construction-Turnkey power projects-Offshore supply contracts-Business profits-Income deemed to accrue or arise in India-Business connection-Contracts were carried out and concluded outside India, income received from offshore supply contracts would not be taxable in India-DTAA-India-Russia. [S. 9(1)(i), Art. 7]
Atomstroyexport. v. DCIT (2024) 208 ITD 767 /115 ITR 30 (SN) (Mum)(Trib.)