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
Click here to download the pdf versions of the Digest of case laws

S. 56 : Income from other sources-Gift from uncle-Constructive gift from uncle-Addition is deleted.[S. 56(2)(vii), 68]

P. Srinivasan. v. ITO (2023) 198 ITD 287/223 TTJ 902 (Chennai) (Trib.)

S. 56 : Income from other sources-Valuation of shares-Premium-DCF method-Minor difference in projected and actual financials-Rejection of DCF method adopted is unjustified.[S. 56(2)(viib )

SB Industrial Engineering (P.) Ltd. v. ACIT (2023) 198 ITD 282 /223 TTJ 651 (Chennai) (Trib.)

S. 56 : Income from other sources-Stamp duty-Valuation report-Difference between DVO value and consideration paid for purchase of property was to be assessed as income of purchasers in terms of section 56(2)(vii)(b) of the Act. [S. 56(2)(vii)]

S. Ramesh. v. DCIT (2023) 198 ITD 275 (Chennai) (Trib.)

S. 56 : Income from other sources-Shares issued at premium-Matter remanded to the Assessing Officer to consider the valuation report submitted by the assessee. [S. 56(2)(viib) R.11U, 11UA]

Jayshri Propack (P.) Ltd. v. ACIT (2023) 198 ITD 17 (Ahd) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Two residential house-One unit co-owned by assessee and wife-Ownership of more than one house-Not absolute owner-Denial of exemption is not valid-Under construction house-Income cannot be assessed as income from house property-Till time of possession condition stipulated in clause (b) of proviso to section 54F(1) was not satisfied-Denial of exemption is not valid. [S. 22, 45]

Anant R Gawande. v. ACIT (2023) 198 ITD 58 (Mum) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-claim of benefit could not be disallowed only on ground that same was not claimed in return-Commissioner (Appeals) have powers to consider claim of assessee which was left half way by Assessing Officer.[S. 139, 251]

ACIT v. Mayur Batra. (2023) 198 ITD 333 / 222 TTJ 526(Delhi) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Invested entire amount of sale consideration towards construction of new house-Delay of 31 days in depositing the amount in capital gains account-Denial of exemption is not justified. [S. 45, 139(1)]

ITO v. Vinod Gugnani. (2023) 198 ITD 233 (Delhi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Purchase or construction-Exemption should be allowed if amount is invested on or before due date of filing of return under section 139(4).[S.45,54(2), 139(1),139(4)]

Dr. Dharmista Mehta. v. ITO (2023) 198 ITD 106 (Mum) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Purchase-Agricultural land which was to be converted into non-agricultural property-Amount paid to builder before filing of return-House is registered beyond prescribed period-Eligible to claim exemption. [S. 45]

Dr. Sheela Puttabuddi. v. ITO (2023) 198 ITD 48/223 TTJ 499 s (Bang) (Trib.)

S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade-Long term capital gains at FMV computed by indexation of Stamp Duty Valuation as on date of sale, rather than entire sale consideration is justified-Jurisdiction of Commissioner (Appeals) does not extend to introducing an altogether new source of income.[S. 28(i), 45, 251]

Rangnathappa Govindappa Zharkhande v. ITO (2023) 198 ITD 290 / 225 TTJ 621 (Pune) (Trib.)