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. 54 : Capital gains-Profit on sale of property used for residence-Non-resident-Non-filing of return-Furnished all details and documentary evidences in respect of sale of immovable property-Purchase of new residential flat-Denial of exemption is not justified.[S. 45,139, 147,148]

Seema Heera v. ACIT (OSD) (IT) (2024) 207 ITD 788 (Mum) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Exemption is allowable on full purchase cost of new residential property, including stamp duty, restricted to sale proceeds of original property. [S. 45]

Syeda Bibi Sadiqa (Smt.) v. DCIT (2024) 207 ITD 543 (Bang) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Investment in under construction residential house-Expiry of three years from date of sale of original asset-Investment in under construction flat-Utilised only half amount of long term capital gains-Balance amount of long-term capital gain should be charged to tax under section 45 in year under consideration, being year in which period of three years from date of transfer of original asset expired.[S. 45, 54(2)]

Sheela Ramchand Uttamchandani v. ITO (2024) 207 ITD 267 (Mum) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Incomplete investment-Matter is remanded back to Assessing Officer for de novo adjudication.

Nilima Avinash Pradhan. (Mrs.) v. ITO (2024) 207 ITD 109 (Mum) (Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Transfer of leasehold rights-Section 50C, being a deeming provision, is not applicable in case of transfer of leasehold rights. [S. 45, 54 54D, 147, 148]

Shivdeep Tyagi. v. ITO (2024) 207 ITD 568 (Delhi) (Trib.)

S. 45 : Capital gains-Share transactions-Income shown as business income in preceding year-Assessable as capital gains.[S.28(i)]

ITO v. Jhaveri Sandeep Bipinchandra (HUF) (2024) 207 ITD 622 (Ahd) (Trib.)

S.45 : Capital gains-Agricultural land-General power of attorney-Not owner of land-Land belong to third party-No addition cannot be made as sale of capital asset. [S. 2(14)]

ACIT v. Narendra Kumar Kamaraju 2024] 207 ITD 131 (Hyd) (Trib.)

S. 43B : Deductions on actual payment-TCS on sales of scrap-Not claimed as deduction-Journal entries-Addition is deleted. [S. 206C]

Aay Kay Manufacturing Co. v. ITO (2024) 207 ITD 254 (Amritsar) (Trib.)

S. 43(5) : Speculative transaction-High sea sales-Buying and selling edible oil-Final and physical delivery of goods had been taken by end user at port of destination after compliance with all customs formalities-Set off against interest income-Transactions cannot be termed as speculative transaction. [S.73(1)]

DCIT v. Apex Fibre India Ltd. (2024) 207 ITD 504 (Amritsar) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Income deemed to accrue or arise in India-Fees for technical services-Shipment clearing and forwarding charges-Payment is not chargeable to tax in India-Disallowance is deleted-Article 12 of OECD Model Convention. [S.9(1)(vi), 195]

ACIT v. LX Pantos India (P.) Ltd. (2024) 207 ITD 680 (Delhi) (Trib.)