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-Interest on enhanced compensation-Seven beneficiaries-Matter is remanded back to Assessing Officer to compute only 1/7th portion of total interest income and TDS credit thereon in hands of assessee. [S. 23, 57]
Rajaram Ganapati Bhat. v. ITO (2023) 203 ITD 789 (Bang) (Trib.)
S. 54F : Capital gains-Investment in a residential house-Sale of inherited property-Agreement for purchase-Failure to construct-Pendency of litigation-Assessee can not be compelled to treat unutilized portion of funds kept under Capital gains account Scheme as taxable. [S. 45]
Dhananjay Madhukar Naik v. DCIT (2023) 203 ITD 30 / (2024) 229 TTJ 240 (Mum.)(Trib.)
S. 50B : Capital gains-Slump sale-long-term capital loss-audit report-Copy of Form No. 3CEA during assessment proceedings-Denial of exemption is not valid. [S. 139(1), R.6H, Form No 3CEA]
Wellman Coke India Ltd. v. DCIT (2023) 203 ITD 687 (Kol) (Trib.)
S. 47(xiii) : Capital gains Transaction not regarded as transfer-Capital gains-Conversion of firm in to company-Non-resident company (Umicore) purchased 99.96 per cent shares of said converted Indian company-AAR ruled that no capital gain accrued or arose at time of conversion of partnership firm into private company and High Court affirmed view point of AAR-No liability was attracted towards capital gain, whether short-term or long-term. [S. 2(47) , 47,47(xiii)(d)]
Umicore Autocat India (P.) Ltd. v. ITO (2023) 203 ITD 694 (Panaji) (Trib.)
S. 45(3) : Capital gains-Transfer of capital asset to firm-Transfer of land to partnership firm by way of capital contribution-Consideration to be taken as per section 45(3) and not as per section 50C of the Act-Cost of land-Interest paid-Additional evidence-Matter remanded-Compensation paid to a waiving of its absolute right-Added to cost of improvement. [S. 45, 48, 50C]
Nareshbhai Ishwardas Patel. v. ITO (2023) 203 ITD 250 (Ahd) (Trib.)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Loan-Never claimed as trading liability-Interest was claimed-Only interest can be added.
Shimmer Textiles (P.) Ltd. v. ITO (2023) 203 ITD 769 (Kol) (Trib.)
S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Paid interest at rate of 18 per cent-Disallowed interest paid in excess of 12 percent-Disallowance is deleted. [S. 40A(2)(a), 40A(2)(b) , 40 (b)(iv)]
Genxt Mobile LLP. v. ACIT (2023) 203 ITD 794 (Mum) (Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Below taxable income-Disallowance is not justified-Payment to Truck owner-Matter remanded. [S.192, 194C(6)]
Bhagwan Dass Jagan Nath. v. DCIT (2023] 203 ITD 400 (Chd) (Trib.)
S. 37(1) : Business expenditure-Failed to produce end product qualitatively-Expenditure is not incurred for any infringement of law and rather, it was a by-product of commercial activity, said expenditure was not hit by Explanation 1 and section 37.
Farseen Rubber Industries Ltd. v. DCIT (2023) 203 ITD 765 (Kol) (Trib.)
S.37(1) : Business expenditure-Fabricated agreement-Sales commission-Failure to provide supporting documents-Foreign travelling expenses of director–Sales promotion-Failure to produce evidence-Bogus expenditure-Disallowance is justified
Aditya Exim Ltd. v. DCIT (2023) 106 ITR 331 / 203 ITD 496 (Ahd) (Trib.)