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-Burden of proof-Receipts of sums of deposits, receipts of sums refunded furnished by the assessee-Details not untrue-Burden discharged-Addition is not justified. [S.292C]
Godwin Construction Pvt. Ltd. v. ACIT (2023)101 ITR 74 (SN) (Delhi) (Trib)
S. 57 : Income from other sources-Deductions-Purchase of land for construction of hotel building-Capitalisation of project and preoperative expenses pending-FDs receipts purchased for letter of credit and bank guarantees given to various suppliers-Interest income not income from other sources-AO to consider interest as part of capital receipt and to be deducted from cost of project. [S. 56, 57(ii)]
Vatika Hotels P. Ltd. v. Asst. CIT (2023)101 ITR 21/199 ITD 741 (Delhi) (Trib)
S. 57 : Income from other sources-Deductions-Premature encashment of Fixed Deposit-Loss on interest-No expenditure incurred to earn interest income-Deduction disallowed-No evidence that loan taken from third party with whom deposit placed had connection with earning of any interest.[S. 56, 57(iii)]
Jatinder Kumar Suri v. Dy. CIT (IT) (2023)101 ITR 47 (SN) (Delhi) (Trib)
S. 55A : Capital gains-Reference to Valuation Officer-Calculation without referring to D.V.O.-On the basis of own assumption-Ought to have referred to D.V.O.-Order set aside-Matter remanded and referred to D.V.O. for considering cost of acquisition. [S.55(2) (b)]
Savitri Devi (Smt.) v. ITO (2023)101 ITR 34 (Amritsar) (Trib)
S. 54F : Capital gains-Investment in a residential house-Exemption-Sale of immoveable property and purchase of a residential house-Harmonious construction-Proviso cannot be construe to defeat intent-Restriction on ownership-Houses outside of India cannot be considered.[S. 45]
Maries Joseph (Smt.) v. Dy. CIT (IT) (2023)101 ITR 629//199 ITD 631 / 221 TTJ 607 (Cochin) (Trib)
S. 54B : Capital gains-Land used for agricultural purposes-Land sold for residential purposes as per sale deed-Land recorded as agricultural land as per revenue record-Assessee, not applied for change of land-AO failed to enquire whole land in survey number converted to non-agricultural purpose or land falling to share of assessee-CIT(A) is directed to allow additional evidence-Matter Remanded. [S. 2(14) (iii), R. 46A]
Vipin Kumar v. ITO (2023)101 ITR 68 (SN) (Delhi)(Trib)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Reference to D.V.O.-Value in report of D.V.O. lower-Report submitted after assessment order-CIT(A) ought to have considered the value of the report. [S. 45, 48]
Puran Pradhan v. ITO (2023)101 ITR 266 (Kol.)(Trib.)
S. 48 : Capital gains-Computation-Cost of acquisition-Fair market value on 01.04.1981-Correct F.M.V. to be considered-Assessee’s computation to be accepted. [S. 45, 50C, 55]
Puran Pradhan v. ITO (2023)101 ITR 266 (Kol.)(Trib.)
S. 45 : Capital gains-Allotment of property-Date of acquisition of property to be reckoned with from date of allotment i.e., in year 1998-99, and thus sale of said office premises on 19-5-2012 would result in long term capital gains. [S. 2(29AA), 2(29B)]
Sumit Export v. Asst. CIT (2023) 101 ITR 62 /148 taxmann.com 475 (Mum.)(Trib.)
S. 43(1) : Actual cost-Subsidy cannot be deducted from W.D.W of block of asset. [Explanation-10]
Asst. CIT v. Electrosteel Casting Ltd. (2023)101 ITR 359 (Kol) (Trib)