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-Fixed deposit with bank-Assessable as income from other sources-Interest expenditure-, Deduction under section 57(iii) was to be allowed after examining the nexus of the same with interest income. [S 57 (iii)]

Shapoorji Pallonji Energy (Gujarat) (P) Ltd. v. DCIT (2025) 214 ITD 297 (Mum) (Trib.)

S. 56: Income from other sources-Share premium-valuation of unquoted shares-Order of CIT(A) deleting the addition is affirmed. [S.56(2), (viib), R. 11UA]

ITO v. Ninecube Technologies (P.) Ltd. (2025) 214 ITD 276 (Delhi) (Trib.)

S.54F: Capital gains-Investment in a residential house-Sale of land-Investment in construction of a residential property-Bank transactions comprising both withdrawals and payments were demonstrably available in support of claim-Exemption could not be disallowed solely on the ground that supporting vouchers or bills were on plain paper or not in preferred form.[S. 45]

Natesan Ekambaram. v. DCIT (2025) 214 ITD 615 (Chennai) (Trib.)

S.54F: Capital gains-Investment in a residential house-Sale of non-agricultural land-No deposit was made in the capital gains account-Expenditure incurred towards the construction of the house till the due date for filing of return under section 139(4) was to be allowed as deduction under section 54F-Matter remanded. [S. 45, 139 (4)]

Alpesh Navinbhai Barot. v. ITO (2025) 214 ITD 387 (Ahd) (Trib.)

S. 54B: Capital gains-Land used for agricultural purposes-Reinvestment-Additional sale consideration from an escrow account-Reinvested in new asset-Matter remanded for reverification.[S. 45]

Nitin R Shah. v. DCIT (2025) 214 ITD 646 (Ahd) (Trib.)

S. 50C: Capital gains-Full value of consideration-Stamp valuation-DVO valued the property more than the Stamp Valuation Authority-Assessing Officer was required to accept the full value of consideration as per value determined by the Stamp Valuation Authority, i.e Rs 3.21 crores. [S.45, 50C(3)]

Chittu Bhawanji Narsey. v. ITO (2025) 214 ITD 400 (Mum) (Trib.)

S. 48: Capital gains –Mode of Computation-Investment in mutual fund-JM Balanced Fund-Short-term capital loss-Supported by proper documents and recorded in books-Disallowance by Assessing Officer based on suspicion of manipulation was unsustainable-There was no SEBI action or direct evidence of collusion-Short-term capital loss was allowable. [S.45, 94(7), 133A]

DCIT v. CMS Computers Ltd. (2025) 214 ITD 443 (Mum) (Trib.)

S. 48 : Capital gains –Mode of Computation-Indexed cost-1/4th co-owner-Matter was to be remanded back to the file of Assessing Officer with a direction to work out the correct LTCG derived on sale of asset.[S. 45]

Alpesh Navinbhai Barot. v. ITO (2025) 214 ITD 387 (Ahd) (Trib.)

S. 45: Capital gains-Transfer –General Power of Attorney-Assessee executed GPA authorising agent to deal with land-Agent sold portion thereof to a company-Mere execution of GPA did not constitute transfer under section 2(47) in favour of agent-Only actual sale consideration received for transfer was taxable in assessee’s hands, not any sum received by power agent.[S. 2(47)]

Natesan Ekambaram. v. DCIT (2025) 214 ITD 615 (Chennai) (Trib.)

S.45: Capital loss-Sale of shares-Securities transaction tax–loss was allowable as a capital loss.

G.N. International (P.) Ltd. v. ACIT (2025) 214 ITD 180 (Delhi) (Trib.)