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. 80IB : Industrial undertakings-Eligible business-No adjustment could be made in respect of expenses relating to other undertaking while computing deduction-Mineral oil, for purpose of claiming deduction under section 80-IB(9) includes natural gas and condensate and therefore profit derived from sale of natural gas and condensate was to be allowed as deduction under section 80IB(9). [S.80IA(5),80IB(9)]

Reliance Industries Ltd. v. ACIT (2023) 198 ITD 158 (Mum) (Trib.)

S. 80G : Donation-Approval-Commissioner cannot impose condition while granting approval.[S. 12A, 80G(5)]

Sir Ratan Tata Trust. v. CIT(E) (2023) 198 ITD 669/224 TTJ 1000 (Mum) (Trib.) Sir Dorabji Tata Trust. CIT(E) (2023) 198 ITD 669/224 TTJ 1000 (Mum) (Trib.)

S. 69A : Unexplained money-Additional evidence-Reconciliation statement is filed-Matter remanded to the Assessing Officer.[Form NO. 26AS]

NECX (P.) Ltd. v. ITO (2023) 198 ITD 406 (Hyd) (Trib.)

S. 68 : Cash credits-Cash received deposited in bank account-Turn over is not disputed-Addition is deleted.

NECX (P.) Ltd. v. ITO (2023) 198 ITD 406 (Hyd) (Trib.)

S. 68 : Cash credits-Capital gains-Long term capital gains on sale of shares-Penny stock companies-Failed to establish genuineness of rise of price of shares within a short period of time that too when general market trend was recessive-Addition is affirmed.[S. 10(38), 45]

Shyam Sunder Bajaj v. ITO (2023) 198 ITD 253 (Kol) (Trib.)

S. 56 : Income from other sources-Gift from uncle-Constructive gift from uncle-Addition is deleted.[S. 56(2)(vii), 68]

P. Srinivasan. v. ITO (2023) 198 ITD 287/223 TTJ 902 (Chennai) (Trib.)

S. 56 : Income from other sources-Valuation of shares-Premium-DCF method-Minor difference in projected and actual financials-Rejection of DCF method adopted is unjustified.[S. 56(2)(viib )

SB Industrial Engineering (P.) Ltd. v. ACIT (2023) 198 ITD 282 /223 TTJ 651 (Chennai) (Trib.)

S. 56 : Income from other sources-Stamp duty-Valuation report-Difference between DVO value and consideration paid for purchase of property was to be assessed as income of purchasers in terms of section 56(2)(vii)(b) of the Act. [S. 56(2)(vii)]

S. Ramesh. v. DCIT (2023) 198 ITD 275 (Chennai) (Trib.)

S. 56 : Income from other sources-Shares issued at premium-Matter remanded to the Assessing Officer to consider the valuation report submitted by the assessee. [S. 56(2)(viib) R.11U, 11UA]

Jayshri Propack (P.) Ltd. v. ACIT (2023) 198 ITD 17 (Ahd) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Two residential house-One unit co-owned by assessee and wife-Ownership of more than one house-Not absolute owner-Denial of exemption is not valid-Under construction house-Income cannot be assessed as income from house property-Till time of possession condition stipulated in clause (b) of proviso to section 54F(1) was not satisfied-Denial of exemption is not valid. [S. 22, 45]

Anant R Gawande. v. ACIT (2023) 198 ITD 58 (Mum) (Trib.)