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-Immovable property-Tolerance band-Amendment to section 56(2)(x) by Finance Act, 2020 with effect from 1-4-2021-Increase in tolerance band for variation between stamp duty valuation and actual consideration from 5 per cent to 10 per cent is clarificatory/curative in nature having retrospective effect-No addition can be made. [S. 56(2)(x)]

Sandeep Kumar Poddar. v. ITO (2023) 201 ITD 344 (Kol) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Construction delayed due to litigation-Exemption cannot be denied-Proportional deduction is allowed.[S. 45]

Sharada Mohan Shetty. v. ITO (2023) 201 ITD 21 (Bang) (Trib.)

S. 45(3) : Capital gains-Transfer of capital asset to firm-AOP-BOI-Transfer undivided title and rights in a land capital asset to AOP-Capital contribution-Amount credited to capital account-Transfer of capital asset-Taxable under section 45 (3) [S. 2(47 (ii)]

DCIT v. Ghanshyamdas J Sukhwani (HUF) (2023) 201 ITD 473 (Pune) (Trib.)

S. 45 : Capital gains-Purchase of shares-Reflected in account books-Payment was made to broker subsequent date-Capital gains cannot be assessed as income from undisclosed sources.[2(29AA,) 2(29B), 68, 69]

Bhuwaneshwar Prasad Singh v. ITO (2023) 201 ITD 865 /105 ITR 564/ 226 TTJ 600 (Delhi) (Trib.)

S. 45 : Capital gains-Purchase and sale of shares-Off market purchases-Adventure in the nature of trade-Penny stock-Assessable as capital gains and not as business income.[S. 10(38), 28(i)]

Ridhi Bagaria v. ITO (2023) 201 ITD 581 (Cuttack) (Trib.)

S. 45 : Capital gains-long-term securities-Penny stock-Scrip was not black listed by SEBI at relevant period-Paid STT-Denial of exemption is not justified-Addition as cash credits is deleted. [S. 10(38), 68]

Atulbhai Amritlal Mehta. v.DCIT (2023) 201 ITD 132 (SMC) (Ahd) (Trib.)

S. 44B : Shipping business-Non-residents-Computation-Inland haulage charges-Part of income from operation of ships in international traffic-Charges received from transportation of cargo through feeder vessels-Not taxable in India-income from IT support services-Matter remanded-DTAA-India-France. [S.9(1)(vii), Art.9(1), 13]

CMA CGM SA. v. ACIT (2023) 201 ITD 808 (Mum) (Trib.)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Cost of products manufactured-Not chargeable to tax-Not liable to deduct tax at source-DTAA-India-USA [S. 9(1)(v), 9(1)(vi), 195, Art. 12]

DCIT v. Trusted Aerospace Engg. (P.) Ltd. (2023) 201 ITD 797 /226 TTJ 126 (Chennai) (Trib.)

S. 35 : Expenditure on scientific research-Application for extension of approval is denied-Not eligible for deduction under section 35(2AB) on such R&D expenditure.[S.35(2AB)]

Saarloha Advanced Materials (P.) Ltd. v. DCIT (2023) 201 ITD 254/226 TTJ 952 (Pune) (Trib.)

S. 32 : Depreciation-Robotix kits-Not computer-Entitle to deprecation at 15 percent only-Prior period expenses-Depreciation is not allowable-Travelling expenses-Self made vouchers-Disallowance is restricted to 10%. [S. 37(1)]

Robotix Learning Solutions (P.) Ltd. v. ITO (2023) 201 ITD 179 (Chennai) (Trib.)