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. 68 : Cash credits-Corpus donation-Kolkata based companies-Donor companies were struck off by order of Registrar of Company-Addition is held to be justified.[S. 11, 115BBC, 115BBE]

Mayor Foundation. v. ACIT (2023) 199 ITD 370 (Amritsar) (Trib.)

S. 68 : Cash credits-Construction of flats-Amount received from members-Confirmation letter is filed-Source of the source not required to be proved-Addition is deleted. [S. 131]

Gullistan Co-Op Group Housing Society Ltd. v. ITO (2023) 199 ITD 236 (Delhi) (Trib.)

S. 68 : Cash credits-Purchase of material-Payments were made in subsequent years-Deletion of addition is affirmed. [S. 133(6)]

ITO v. M.D. House Build. (2023) 199 ITD 153 (Surat) (Trib.)

S. 68 : Cash credits-Share application money-Share premium-Share holders had sufficient fund-Addition is deleted.

BST Infratech Ltd. v. DCIT (2023) 199 ITD 6 (Kol) (Trib.)

S. 56 : Income from other sources-Share premium-Issue of shares-Not based on audited balance sheet-Fair market value drawn by the Assessing Officer on the basis of Audit Balance sheet could not be faulted.[R. 11UA]

Sagitarius Securities (P.) Ltd. v. ITO (2023) 199 ITD 809/221 TTJ 545 (Delhi) (Trib.)

S. 56 : Income from other sources-Purchase of plots of land at lower price than determined by DVO-Not stock in trade-Provision is applicable-Payment made on cash-Failed to substantiate the cash payment-Credit cannot be given-Estimate by Valuation Officer-Encroachment-DVO is directed to consider the impact of encroachment on land if not already considered in valuation report. [S. 56(2)(vii)(b), 142A]

Ranjit Shivram Raut. v. ITO (2023) 199 ITD 98 (Mum) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Purchase of land-Using advance received with respect to sale of property-Deduction cannot be denied merely because sale deed for sold out property was executed beyond period of a year.[S. 45]

D. Vijayalakshmi. (Mrs.) v. ITO (2023) 199 ITD 797 (Chennai) (Trib.)

S.54F : Capital gains-Investment in a residential house-More than one residential property on date of transfer of capital asset-Not entitle to deduction.[S. 45]

Surendra Babu Sabbineni. v. DCIT (2023) 199 ITD 544/ 222 TTJ 206/ 223 DTR 153 (Hyd) (Trib.)

S. 50B : Capital gains-Slump sale-Failure to examine evidence-Matter remanded.[S. 2(42C)]

MHM Holding (P.) Ltd. v. ACIT (2023) 199 ITD 265 (Bang) (Trib.)

S. 47(xiiib) : capital gains-Transaction not regarded as transfer-Capital gains-Conversion of firm in to LLP-Good will-Books of account of predecessor company did not include goodwill in accumulated profits, there was no violation of clauses (c) and (f) of section 47(xiiib) and additions made under section 45 treating assessee to be in violation of clauses (c) and (f) of section 47 could not be sustained.[S. 45]

ITO v. Brizeal Realtors and Developers LLP. (2023) 199 ITD 208 (Mum) (Trib.)