S. 54F : Capital gains-Investment in a residential house-Joint names-Income has to be assessed in the right person-Indexation benefit is available. [S. 4, 45, 54]
Abdul Nayab Shaikh (Deceased) v. ITO (Mum)(Trib) (UR)S. 54F : Capital gains-Investment in a residential house-Joint names-Income has to be assessed in the right person-Indexation benefit is available. [S. 4, 45, 54]
Abdul Nayab Shaikh (Deceased) v. ITO (Mum)(Trib) (UR)S. 54B : Capital gains-Land used for agricultural purposes-Entitled to exemptions even if the new land is registered in the name of his son-Investment by assessee in new land from sale proceeds of old land, even if made before registration of sale-deed, was eligible for exemption. [S. 45]
Siddhulal Patidar v. ITO, (2024) 111 ITR 541 /228 TTJ 791/236 DTR 262 (Indore)(Trib.)S. 54 : Capital gains-Profit on sale of property used for residence-Utilized other funds (apart from sale consideration) for constructing new residential house-Deduction under section 54 could not be denied [S. 139(4)]
Jignesh Jaysukhlal Ghiya v. DCIT (2024] 166 taxmann.com 40 (Ahd)(Trib)S. 54 : Capital gains-Profit on sale of property used for residence-Capital gains exemption-Date of possession-Date of agreement-Date of possession considered as date of purchase-Beneficial provisions to be liberally interpreted.[S.45, 144C, 147]
Rita Sunil Shah v. ITO (IT) (2024) 112 ITR 30 (SN) (Mum)(Trib.) Sunil Amritlal Shah v. ITO (IT) (2024) 112 ITR 30 (SN) (Mum)(Trib.)S. 50C : Capital gains-Full value of consideration-Stamp valuation-Date of agreement and date of sale-Part payment of consideration was received prior to execution of agreement to sell As Shown By Bank Statement Of Assessee-Jantri rate applicable as on date of agreement to sell was much lower than agreed price-Entitled to benefit of first and second provisos to Section 50C-Addition is deleted. [S. 45]
Kamuben Natavarbhai Patel v. ITO (2024)111 ITR 44 (SN)(Surat)(Trib)S. 50C : Capital gains-Full value of consideration-Stamp valuation-No part of consideration was received in cheque before agreement-Sale consideration for capital gains should be assessed based on the date of registration rather than the agreement date-Reinvesting proceeds from sale of agricultural land in new agricultural land registered in the name of son-Denial of exemption is not valid. [S.45, 54B]
Siddhulal Patidar v. ITO, (2024) 111 ITR 541/228 TTJ 791/236 DTR 262 (Indore)(Trib.)S. 50C : Capital gains-Full value of consideration-Stamp valuation-Applicability to sale of stock-in-trade-Conversion of capital asset to stock-in-trade-Section 50C is not applicable on sale of stock-in-trade-Reopening based on audit objection is invalid [S. 147, 148]
Maheshwari Megaventures Ltd. v. Asst. CIT (2024) 112 ITR 5 (SN) (Hyd)(Trib.)S. 48 : Capital gains-Mode of Computation-Brokerage or commission in connection with transfer-Disallowance cannot be made only because agreements with respect to commission services not submitted-Disallowance is not justified-Cost of improvement-New pleas could not be raised before Tribunal [S.45]
Sunil Kapoor v. ACIT (IT) (2024)111 ITR 64 (SN)(Delhi)(Trib)S. 47(iii) : Capital gains-Transaction not regarded as transfer-Gift-Company-Living Person capable of making gift-No attributes like love and affection is prescribed-Transfer of plots by Assessee by way of gift deed in favour of another company is valid gift-Not liable for capital gains tax-Person-Living Person. [S. 45,50C, Transfer of Property Act, 1882, S. 5, 122]
Gujarat Infrapipes P. Ltd. v. Dy. CIT (2024)111 ITR 47 (SN)(Ahd)(Trib)S. 43B : Deductions on actual payment-Late payment of Employees’ contribution to Provident Fund-Disallowance is justified.[S.36(1)(v)]
Gujarat Infrapipes P. Ltd. v. Dy. CIT (2024)111 ITR 47 (SN) (Ahd)(Trib)