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. 45: Capital gains–Rights entitlement-Capital gains arising on sale of rights entitlements are not equity shares as s. 62 of Companies Act, 2013-rights entitlement are covered under the provisions of art. 13(6) and, therefore, cannot be subjected to tax in India but is taxable in the resident State of the assessee i.e., Ireland-DTAA-India-Ireland. [S.90, Art. 13(6), Companies Act, 2013, S.62,]

Vanguard Emerging Markets Stock Index Fund A Series Of Visplc v.ACIT (IT) (2025) 234 TTJ 801 / 125 ITR 128/ 172 taxmann.com 515 (Mum)(Trib)

S. 45: Capital gains-Beneficial owner-Entire consideration was paid by brother-Declared entire consideration in his return of income-Assessee is not a beneficial owner of the said property-Addition was deleted.

Vinod Nihalchand Jain v. ITO (2025) 234 TTJ 585/ 172 taxmann.com 581 ((Mum)(Trib)

S. 45: Capital gains-Joint Development Agreement-Co-owners-Matter remanded to determine the share of each co-owner and decide the taxability-Construction of house within specified period-Matter remanded to decide after considering the relevant documents. [S. 54]

Vadagur Narayanappa Premachandra v. ACIT (IT) (2025) 234 TTJ 350 / 171 taxmann.com 471 (Bang)(Trib)

S.43CB: Construction and service contracts-Percentage completion-Project completion method-Method of accounting-Construction Contracts-AS7-Real estate development, constructed residential flats on its own land,-Revenue was to be recognized only upon sale deed execution and possession transfer.[S. 145]

DCIT v. Aaryan Buildspace LLP (2025) 234 TTJ 576 / 172 taxmann.com 806 (Ahd)(Trib)

S.43B: Deductions on actual payment-Expenses not charged to P&L a/c-Transferred to work in progress-Disallowances cannot be made. [S. 145]

ITO v. Thrissur Expressway Ltd. (2025) 234 TTJ 676(Hyd)(Trib)

S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Creditors shown as outstanding-Addition cannot be made on an ad hoc basis.

Bangalore Electricity Supply Co. Ltd. v ACIT (2025) 234 TTJ 58 /121 ITR 195 / 174 taxmann.com 100 (Bang) (Trib)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Capitalised the expenditure-Neither are expenses debited to P&L a/c and nor deduction is claimed-Disallowances cannot be made.

ITO v. Thrissur Expressway Ltd. (2025) 234 TTJ 676 (Hyd)(Trib)

S. 12AB: Procedure for fresh registration-Quoting a wrong provision-Order of CIT(E) refusing the registration was set aside. [S. 11, 12]

Gospel India Ministries v. CIT (2025) 234 TTJ 684 (Nagpur)(Trib)

S. 37(1): Business expenditure-Travel and conveyance expenses-Ad-hoc disallowance of 20%-CIT(A) was justified in deleting the ad-hoc disallowances.

Bangalore Electricity Supply Co. Ltd. v ACIT (2025) 234 TTJ 58 /121 ITR 195 / 174 taxmann.com 100 (Bang) (Trib)

S. 36(1)(viia) :Bad debt-Provision for bad and doubtful debts-Schedule bank-Reserve and surplus account cannot be considered as provision for the purpose of allowing deduction-The amount credited to bad and doubtful reserve is not allowable as a deduction.

Surat National Co-Operative Bank Ltd. v ACIT (2025) 234 TTJ 529 / (Surat)(Trib)