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-Shares at premium-Valuation of report by the Chartered Accountant-DCF method-Deletion of addition is affirmed. [S. 56(2) (viib), R. 11UA]

ITO v. Goodyield Farming Ltd (2023) 223 TTJ 121 (Mum)(Trib)

S. 54F : Capital gains-Investment in a residential house-Only part of consideration is utilised for purchase of property before due date of filing of return-Balance consideration is not deposited under Capital gains Account Scheme-Exemption is not available. [S. 54B,54F(4)139(1)]

Santosh Maruti Borate v. ITO (2023) 221 TTJ 422 (Pune )(Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Objection by the Assessee-Matter remanded to the Assessing Officer to refer the matter to District Valuation Officer-Reassessment is held to be valid. [S. 45, 147, 148]

Ramdoss Ramvijay Kunar v. ITO(2022) 222 TTJ 39 (UO) (Chennai) (Trib)

S. 54F : Capital gains-Investment in a residential house-Date of agreement to be considered as date of sale-Amount paid for purchase of new property is more than the amount of sale consideration-Entitle to exemption. [S. 45]

Muthu Daniel Ranjan v. ACIT(2023) 222 TTJ 498 (Chennai)(Trib)

S. 54F : Capital gains-Investment in a residential house-Deposit in specified account-Utilised before date specified under section 139(4)-Entitle to exemption-Refurnishing of new residential house-Habitable-Eligible for deduction [S. 45, 54F(4), 139(4)]

Kiran Agrawal (Smt) v. ACIT (2023) 223 TTJ 626 (Raipur)(Trib)

S. 48 : Capital gains-Mode of Computation-Registration expenses for sale of land-Brokerage-Allowable as deduction-Matter remanded to the Assessing Officer for verification. [S. 45]

Kiran Agrawal (Smt) v. ACIT (2023) 223 TTJ 626 (Raipur)(Trib)

S. 45 : Capital gains-Property converted into stock in trade-Sale agreement entered into-General power of attorney-Sale is not registered-Sale is not complete on handing over of possession-Sale cannot be chargeable to capital gains tax. [S. 2(47)(v) 28(i), 153C, Transfer of Property Act,1882, S. 53A]

Chennai Properties & Investments Ltd v. ACIT (2023) 222 TTJ 355 (Chennai )(Trib)

S. 45 : Capital gains-Search-Land dealings-Agreement for sale of land-Benamidar-Protective assessment-Executor of sale, and beneficiary of sale proceeds and other sellers were puppets controlled by assessee-Capital gains taxable in the hands of assessee. [S. 2(14), 2(47), 132,153C, 292C]

Dy. CIT v T. G. Chandrakumar (2023) 223 TTJ 469 / 152 taxmann. com 623 (Cochin )(Trib)

S. 44AD :Presumptive basis-Incentive earned for achieving the sales target as per franchise agreement-Part of business turnover-Includible in turnover business-Not chargeable to tax under the head income from other sources-Reimbursement of expenses-Failure to file evidence-Income from house property-Not includible as gross receipts-Interest on fixed deposit-Income from other sources-Cannot be included in business receipts for estimating net profit under section. 44AD. [S. 22, 56, 194IB]

Euro Homes v. Dy. CIT(2023) TTJ 17 (UO) Trib)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Tax paid before due date of filing of return though beyond stipulated time limit-Cannot be disallowed. [S. 139(1)]

Infab Infrastucture (P) Ltd v. Dy. CIT(2023) 222 TTJ 421 (Ahd)(Trib)