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 – Income from undisclosed sources – Amount received in cash in respect of sale of immovable property – Sale deed registered in the name of buyer company – Addition if at all to be made in the hands of buyer and not in the hands of the assessee.

Dy. CIT v. Ajay Enterprises Pvt. Ltd. (2018) 63 ITR 479 (Delhi)(Trib.)

S. 57:Income from other sources-Where assesse received membership fee from various members which were kept in FDRs and interest earned thereon was brought to tax under section 56, in view of fact that assessee failed to establish nexus between expenditure incurred under various heads and earning of said interest income, its claim for deduction under S.57 was to be rejected. [ S. 56,57(iii) ]

Poona Club Ltd. v. ACIT ( 2018) 63 ITR 3 (SN) (Pune ) (Trib)

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.)