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
Click here to download the pdf versions of the Digest of case laws

S. 54 : Capital gains-Profit on sale of property used for residence-claim of benefit could not be disallowed only on ground that same was not claimed in return-Commissioner (Appeals) have powers to consider claim of assessee which was left half way by Assessing Officer.[S. 139, 251]

ACIT v. Mayur Batra. (2023) 198 ITD 333 / 222 TTJ 526(Delhi) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Invested entire amount of sale consideration towards construction of new house-Delay of 31 days in depositing the amount in capital gains account-Denial of exemption is not justified. [S. 45, 139(1)]

ITO v. Vinod Gugnani. (2023) 198 ITD 233 (Delhi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Purchase or construction-Exemption should be allowed if amount is invested on or before due date of filing of return under section 139(4).[S.45,54(2), 139(1),139(4)]

Dr. Dharmista Mehta. v. ITO (2023) 198 ITD 106 (Mum) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Purchase-Agricultural land which was to be converted into non-agricultural property-Amount paid to builder before filing of return-House is registered beyond prescribed period-Eligible to claim exemption. [S. 45]

Dr. Sheela Puttabuddi. v. ITO (2023) 198 ITD 48/223 TTJ 499 s (Bang) (Trib.)

S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade-Long term capital gains at FMV computed by indexation of Stamp Duty Valuation as on date of sale, rather than entire sale consideration is justified-Jurisdiction of Commissioner (Appeals) does not extend to introducing an altogether new source of income.[S. 28(i), 45, 251]

Rangnathappa Govindappa Zharkhande v. ITO (2023) 198 ITD 290 / 225 TTJ 621 (Pune) (Trib.)

S. 45: Capital gains-Income deemed to accrue or arise in India-Business connection-Capital gains-Non-Resident-Cost of acquisition-Short term capital loss-TRC produced-Matter remanded to the file of Assessing Officer-DTAA-India-USA.[S. 9(1)(i), Art. 13]

Biplab Adhya. v. ITO (2023) 198 ITD 643 (Bang) (Trib.)

S. 45 : Capital gains-Family arrangement-Transfer of shares under family arrangement-Transfer of shares as per direction of Company Law Board (CLB )-Not transfer-Not liable to capital gains tax.[S. 2(47)]

Sujan Azad Parikh. v. DCIT (2023) 198 ITD 83 (Mum) (Trib.)

S. 44AD :Presumptive basis-Civil contractor-State Public Works Department relating to road construction-Estimate of net profit at 4 percent on turnover basis is affirmed.[S. 44AB, 144]

DCIT v. Srinivasan Devendran. (2023) 198 ITD 495 (Delhi) (Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-liability of sundry creditor-Capital asset-Capital expenditure-Neither put to use nor claimed depreciation-Addition cannot be made.

Marvelore Mining & Allied Industries (P.) Ltd. v. ITO (2023) 198 ITD 629 (Surat) (Trib.)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of land-Payment of cash on demand by seller-Seller admitted the receipt of cash-Disallowance is deleted. [R.6DD]

Monika Chitrasen Patil. (Mrs.) v. ITO (2023) 198 ITD 508 (SMC) (Pune) (Trib.)