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-Capital gains-Income from house property-lease agreement-Forfeiture of part of advance rent received-No extinguishment of rights as the right to the rent-Neither assessable as capital gain nor income from house property-Assessable as income from other sources. [S. 22,45]

ACIT v. Gimpex (P) Ltd. (Chennai)(2023) 202 ITD 784 / 106 ITR 44 (SN) (Chennai) (Tib).

S. 56 : Income from other sources-Stamp valuation-Circle rate-Unexplained investments-Purchase was done at circle rate-Reference to valuation officer is not valid-Addition is deleted [S. 56(2) (vii),69]

Vinit Kumar v. Dy. CIT (2023) 201 ITD 499 (Delhi)(Trib.)

S. 56 : Income from other sources-Share premium-Discounted cash flow method (DCF)-Not justified in rejecting the method followed by the assessee-Matter remanded. [S. 56(2) (viib), R. 11 UA]

Brio Bliss Life Science (P.) Ltd. v. ITO [2023] 200 ITD 167 (Chennai)(Trib.)

S. 56 : Income from other sources-Share application-Date of allotment-Provision can be invoked on the date of allotment and not on the date of share application-The Assessing Officer can refuse method of valuation after proving that methodology resorted by assessee is incorrect or not as per standards laid down. [S. 56(2)(viib), R. 11UA(2)]

ITO v. Appealing Infrastructure (P.) Ltd (2023) 201 ITD 719 (Delhi)(Trib)

S. 56 : Income from other sources-Share premium-DCF method-Holding company-Bringing the premium received from the holding company to tax net under these deeming fictions would tantamount to stretching the provision to an illogical length and will lead to some kind of absurdity in taxing own money of shareholders without any corresponding benefit-Addition is deleted. [S. 56(2)(viib) R.11 UA]

Dy. CIT v. Kissandhan Agri Financial Services (P.) Ltd. [2023] 201 ITD 159 (Delhi)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Deduction claimed from selling flats-Transfer for reversal of such deduction made after three years-Matter remanded to verify if there was double taxation. [S. 45]

Madhu Kumar Patel v. Asst. CIT (IT) (2023)103 ITR 112 (Hyd) (Trib)

S. 54F : Capital gains-Investment in a residential house-Non-Resident-Co-owner of a property at USA-Not entitled to the benefit of deduction. [S. 45, 54F(a), 54F(b)]

Dy. CIT v. Babu Rajendra Prasad Vadlamudi [2023] 201 ITD 704/ 226 TTJ 820 (Vishakha)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Capital gains account-Paid the purchase price of property and construction thereon were within relevant period-Denial of exemption is not valid. [S. 45]

Subramanian Swaminathan v. ACIT (IT) (2023) 201 ITD 487 /104 ITR 19 (SN.) (Delhi) (Trib.)

S. 54B : Capital gains-Land used for agricultural purposes-Documents on basis of which assessee purchased land valid and enforceable in law, disallowance of exemption for want of registration of land not sustainable. [S. 45]

Kristina Nathabhai Krichchan v .Dy. CIT (2023) 154 taxmann.com 102 / 105 ITR 44 (Surat) (SN)(Trib)

S. 54B : Capital gains-Land used for agricultural purposes-Purchasing of agricultural land in the name of third person (i.e. wife)-Not entitled to claim exemption. [S. 45]

Surta Ram v.ITO [(2013) 201 ITD 459 (Chd) (Trib)