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.54F : Capital gains- Investment in a residential house – Entire actual consideration was invested in purchase of under consideration of residential house – Capital gain is exempt – Provision of section 50C is not applicable .[ S. 45, 48 , 50C , 54F(4)]
Lalit Kumar Kalwar v .ITO ( 2023) 106 ITR 373 ( Jaipur )( Trib)
S. 48 : Capital gains –Mode of Computation -Transfer of securities – Management fees is allowable as deduction while computing capital gains . [ S. 45]
Krishnamurthy Thiagarajan v.ACIT ([2024] 164 taxmann.com 550 (Mum)( Trib)
S. 45 : Capital gains -Taxable in the year in which possession of constructed premises was received by the assessee and not in the earlier year when occupancy certificate was granted – Section 45(5A) which has been introduced w.e.f. 1-4- 2018 applies w.e.f. AY. 2018 -19 and not AY. 2017 -18 -Fair market value deemed to be full value of consideration in certain shares – Value of consideration- Full value of the consideration should be computed on the basis of guideline value of land or building that is transferred / received on development and not cost of construction reported by the developer as the said report was not supported by supporting documents . [ S. 45(5A) ,48, 50C, 50D ]
Alagappa Muthiah HUF v. DCIT ( 2024) BCAJ – October -P. 54 ( Bang)( Trib)
S. 45 : Capital gains – Transfer – Development agreement – Irrevocable power of attorney – Registration of a contract is not relevant for in the case of section 2(47)(v) – Transferred 62 percent of land to a developer in exchange of 38 percent of the developed area to be constructed under an unregistered joint development agreement – transaction is liable to capital gains under section 2(47)(vi) in the year of agreement – Matter remanded for determination of cost of acquisition .[ S. 2(47)(vi) , 48, 50C, Transfer of Property Act , 1882 , S 53A ]
K.P.Mohamed Ali v .ITO ( 2024) BCAJ- March – P. 34 ( Cochin )( Trib)
S. 36(1)(iii) :Interest on borrowed capital – Interest free advance to subsidiary – Allowable as deduction on commercial expediency . [ S. 37(1), 260A ]
PCIT v. ESSEL Infra Projects Ltd ( Former PAN India Paryatn Ltd ( 2024) BCAJ – March – P. 47 ( Bom)( HC)
S. 22 : Income from house property -Income from business – Letting out property –Business of letting or subletting of properties- Income assessable as income from house property – Rule of consistency should be applicable to tax proceedings .[ S. 24 , 28(i) ]
PCIT v. Banzai Estates (P.) Ltd [2024] 165 taxmann.com 412 (Bom)( HC)
S. 12AB: Procedure for fresh registration – Denial of registration is justified if the trust had not complied with the applicable State law . [Form No .10AB , Rajasthan Public Trust Act , 1959 ]
Gurukul Shikshan Sansthan v .CIT( 2024) 165 taxxmann.com 369 ( Jaipur )( Trib)
S. 4 : Charge of income-tax – Notional income – Credited to profit and loss account – Accounting standard (Ind AS) – Cannot be assessed as real income .[ S. 143(1)(a), 154 ]
ACIT v. Kesar Terminals and Infrastructure Ltd ( 2024 ) BCAS – June -P. 41 ( Mum)( Trib)
S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Search-Revised return-Claims of deduction were not accepted-Would not amount to wilful evasion of tax.[S. 132,139(1), Code of Criminal Procedure, 1973, S. 482]
Anurag Bagaria v. ITO (2024) 158 taxmann.com 546 (Karn)(HC)
S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Penalty cannot be levied when the assessment is completed u/s 143(3)-Penalty is deleted.[S.272A(1)(d), 274]
Bhavna Modi v. ITO [2025] 170 taxmann.com 236 (Raipur)(Trib.)