S. 57 : Income from other sources-Deductions-Interest-Income earned was not equal to percentage of interest-Interest expenditure incurred is allowable as deduction. [S. 56, 57(iii)]
Sunil Bardia v. ITO (2024) 204 ITD 68 (Raipur)(Trib.)S. 57 : Income from other sources-Deductions-Interest-Income earned was not equal to percentage of interest-Interest expenditure incurred is allowable as deduction. [S. 56, 57(iii)]
Sunil Bardia v. ITO (2024) 204 ITD 68 (Raipur)(Trib.)S. 56 : Income from other sources-Issue of shares at premium-DCF method-Share premium charged was lower than fair market value of shares determined by auditor-Section 56(2)(viib) could not be applicable. [S. 56(2)(viib)]
PNP Maritime Services (P.) Ltd. v. DCIT (2024)204 ITD 810 /231 TTJ 31 (Mum)(Trib)S. 56 : Income from other sources-Valuation of shares-DCF method-NAV Method-Once the assessee has exercised an option, Assessing Officer is bound to follow same.[S. 56(2)(viib), R.11UA]
DCIT v. Hometrail Buildtech (P.) Ltd. (2024) 204 ITD 154 (Delhi) (Trib.)S. 56 : Income from other sources-Fair market value-Unquoted equity shares-Valuation date-Value as on date on which assessee company receives property or consideration-Matter remanded. [S. 56(2)(viib), R. 11UA]
Chandhok Cold Storage (P.) Ltd. v. ITO (2024) 204 ITD 17 / 227 TTJ 744 (SMC)) (Raipur) (Trib.)S. 54 : Capital gains-Profit on sale of property used for residence-Sale of immoveable property-Purchase of residential unit/ flat from a builder-Payment by instalments-Possession of flat was received within 3 years from sale of property-Agreement for sale of flat by builder is construed as agreement of construction-Possession is construed as completion of construction-Entitle to exemption. [S. 45]
Anjali Bhadoo. (Smt.) v. ITO (2024) 204 ITD 124 (Delhi) (Trib.)S. 48 : Capital gains-Mode of Computation-Long term capital gains-Indexation-Cost of improvement-Failure to file necessary documents-Disallowance is affirmed.[S. 45]
Arun Tulshidas Kharat. v. DCIT (2024) 204 ITD 618 (Pune) (Trib.)S. 45 : Capital gains-Business income-Converted its stock-in-trade of shares into investment in shares-Profits arising from sale of such investment was to be taxed as capital gains, long-term or short-term and not as business income.[S. 28(i)]
Arunima Adcon Services (P.) Ltd. v. ACIT (2024) 204 ITD 146 (Delhi)(Trib.)S. 45 : Capital gains-Business income-Shares shown as investment in balance sheet and not as stock in trade-Period of holdings ranging from 3301 to 1352 days-Income from sale of securities is assessable as capital gains and not as business income.[S. 28(i)]
DCIT v. Hero Investment (P.) Ltd. (2024) 204 ITD 29 (Delhi) (Trib.)S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Outstanding more than three years-Addition cannot be made-Order of CIT(A) is affirmed.
DCIT v. Adani Mining (P.) Ltd. (2024) 204 ITD 269 (Ahd)(Trib.)S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-Fes for technical services-Transponder fee and uplinking charges-Payment was not made for right to use any industrial, commercial or scientific equipment-Payment would not fall within ambit of royalty-Not liable to deduct tax at source-DTAA-India-USA [S.9(1)(vi), 9(1)(vii), Art. 12]
Taj TV Ltd. v. DCIT IT (2024) 204 ITD 50 (Mum)(Trib.)