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. 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)
S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Transporters-Each payment was less than Rs 35000/-Matter remanded.
Kamal Industries v. ITO (2024)111 ITR 32 (SN) (Jodhpur)(Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Only interest and not principal-Form No 26A filed-Delay is condoned-Matter remanded. [S.194A, 201(1)]
Kamal Industries v. ITO (2024)111 ITR 32 (SN)(Jodhpur) (Trib)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Commission-Non-resident agents-Payments were made outside India-Not having a permanent establishment in India-Not liable to deduct tax at source-Allowable as deduction-DTAA-India-France-Italy-Greece-Lebanon. [S. 37(1)]
CIT (Dy.) v. Creations by Shanagar (2024) 111 ITR 7(SN) (Mum)(Trib.)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Salary-Deducted TDS and deposited it in the government account within the specified time-Disallowance of salary cost is not justified.[S. 192]
Ayesa Ingenieria Y Arquitectura S. A. v. ACIT (IT) (2024) 111 ITR 61(SN) (Delhi)(Trib.)
S. 37(1) : Business expenditure-Audit of accounts-Ad-hoc disallowance-Order of CIT(A) disallowing the ad-hoc disallowance is affirmed. [S.44AB]
ACIT v. Merchant Agri Global P. Ltd. (2024)111 ITR 45 (Trib) (SN)(Mum)(Trib)