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. 56 : Income from other sources-Market value of shares-Discounted Cash Flow method(DCF)-No defect is pointed out-Option is with the assessee-The Assessing Officer cannot change the valuation. [S. 56(2)(viib), R. 11UA 2(a), 11UA(2))(b)]
Deep Jyoti Wax Traders (P.) Ltd. v. ITO (2023) 202 ITD 718 (Kol.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Constructed residential buildings comprising of two rooms, kitchen, toilet having electricity and water connection which was being used as residential unit-Denial of exemption is not justified-Cost of improvement-Documentary evidence not filed-Disallowance is affirmed. [S. 45, 48, 55]
Girish Mohan v. ACIT (2023) 202 ITD 221 (Delhi) (Trib.)
S. 54F : Capital gains-Investment in a residential house-One house in his name and two properties jointly with his family members-Jointly held property cannot be said to be owner of the property-Entitle to deduction-Other expenses-Matter is remanded to the Assessing Officer. [S. 37(1), 45]
Mukesh Arvindlal Vakharia v. ITO (2023) 202 ITD 1 (Surat) (Trib.)
S. 54EC : Capital gains-Investment in bonds-Investment in NHAI bonds before sale of property out of advance money received-Entitle to deduction. [S. 45]
Mukesh Arvindlal Vakharia v. ITO (2023) 202 ITD 1 (Surat) (Trib.)
S. 54B : Capital gains-Land used for agricultural purposes-Mistakenly offered as taxable income-Assessing Officer accepted the return-Appeal filed before the CIT(A) on the ground that the income was shown mistaken belief that the same is taxable-CIT(A) dismissed the appeal-Held that dismissal of appeal is not justified-Article 265 of Constitution of India prohibits tax to be collected without authority of law.[S. 2(14)(iii), 139(1), 246A, 250, Art. 265]
Madanlal Mohanlal Sakhala v. ACIT (2023) 202 ITD 751 (Mum) (Trib.)
S. 48 : Capital gains-Mode of Computation-Indexed cost of construction/improvement of certain amount Cost of construction-Failure to produce bills-Matter remanded to examine the valuation report.[S. 45]
Pawan Aggarwal v. DCIT (2023) 202 ITD 712 (Chd.)(Trib.)
S. 45 : Capital gains-Co-owner-Transfer-Development agreement-AIR information-Reassessment is valid- Transferred development rights in the year 2008 and handed over the passion-Sale deed executed in 2010-Capital gains cannot be taxed in the Assessment year 2010-11 [S. 2(47), 147, 148]
Gajanan Parshuram Khismatrao v. ITO (2023) 202 ITD 604 (SMC) (Mum.)(Trib.)
S. 45 : Capital gains-Immovable property-Compensation to get property registered in his name-Capital asset-Taxable under the head capital gains-Initial paid amount should be treated as cost of acquisition. [S. 2(14), 48, 56]
Sukhwant Singh v. ITO (2023) 202 ITD 722 (SMC) (Chd.) (Trib.)
S. 43(5) : Speculative transaction-Trading in derivatives-Not speculative transactions-Entitle to set off loss in respect of trading derivatives against normal business income. [S.70]
Kippy Engineering (P.) Ltd. v. DCIT (2023) 202 ITD 87 (Kol.)(Trib.)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Waiver of loan-Amount of loan was never claimed as expenditure nor as trading liability in any previous year-Waiver of such loan would not attract provisions of section 41(1) or section 28(iv). [S.28(iv),36(1)(iii), 41(1)(a)]
DCIT v. Ramani Exports. (2023) 202 ITD 368 (Mum.)(Trib.)