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. 80G : Donation-Objects to provide education, research and training, etc.-Expenditure incurred by it were not found to be religious in nature, it is eligible for approval under section 80G(5). [S.12AA, 80G(5)(vi)]
Sadhumargi Shantkranti Jain. v. CIT (2024) 205 ITD 358 (Raipur) (Trib.)
S. 69A : Unexplained money-Sale of shares-Long term capital gains-Penny stock-Both purchase and sale transactions were carried out through banking channel and by transfer of shares, long-term capital gain could not be regarded as sham profit and thus addition was not justified.[S. 10(38), 45, 69C]
Sarika Bindal. v. ITO (2024) 205 ITD 49 (Delhi) (Trib.)
S. 56 : Income from other sources-Bonus shares-Out of capitalization of existing reserves in company-Overall wealth of a shareholder post-bonus or pre-bonus remains same-therefore, Provisions of section 56(2)(vii)(c) are not attracted in respect of bonus shares. [S. 56(2)(vii(c)]
DCIT v. Kul Prakash Chandhok (2024) 205 ITD 611 (Delhi) (Trib.)
S. 54B : Capital gains-Land used for agricultural purposes-Sale consideration for purchasing new agricultural land-Capital gain is exempt from tax-Order passed under section 154 denying the claim is quashed.[S. 2(14)(iii) 154]
Achhelal Yadav. v. ITO (2024) 205 ITD 56 (Kol) (Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Agreement to sell properties on 14-8-2014 and received part consideration of certain amount-Agreement to sell those properties were registered on 30-12-2015, provisions of section 50C adopting value for stamp duty purposes as on date of sale deed i.e. 30-12-2015 could not be applied but value as on date of agreement/date of receipt of advance i.e. 14-8-2014 is to be applied.[S. 45]
Nageswara Rao Viswanadha. v. ACIT (2024) 205 ITD 440 (Vishakha) (Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Fair market value-Registered Valuer valued the property at less than sale consideration-Sale consideration and DVO is less than Stamp Valuation Authority-Deeming provision cannot be applied-Addition is deleted. [S. 45]
Baba Export House. v. ACIT (2024) 205 ITD 201 (Delhi) (Trib.)
S. 48 : Capital gains-Mode of Computation-Cost of acquisition-Fair market value determined by Government valuer-Assessing Officer has no right to replace Government approved valuer’s opinion with his own opinion. [S. 45, 50A 55A]
Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636/ 116 ITR 261 (Mum) (Trib.)
S. 48 : Capital gains-Mode of Computation-Sale of shop-Cost of improvement-Construction cost of concrete bridge on culvert in front of shop-Allowable as deduction while computing capital gains. [S. 45]
Joginder Singh v. ACIT (2024) 205 ITD 600 (Amritsar)(Trib.)
S. 44BBA : Air craft-Non-residents-Computation-Air craft-Service tax-Statutory levy-it did not form part of receipts of assessee for purpose of section 44BBA.[S. 44BBBA(1)]
Cathay Pacific Airways Ltd. v. ACIT (IT) (2024) 205 ITD 562 (Kol) (Trib.)
S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Rent for four godowns in cash-Less than Rs 10,000 per day per person-No disallowance can be made-Matter remanded for verification-Electricity charges in cash to a State Government undertaking-Covered by exception carved out in rule 6DD(b)-No disallowance can be made. [R.6DD(b)]
Shubh Karan Mahnot v. ITO (2024) 205 ITD 246 (Raipur)(Trib)