S. 54F : Capital gains-Investment in a residential house-Construction delayed due to litigation-Exemption cannot be denied-Proportional deduction is allowed.[S. 45]
Sharada Mohan Shetty. v. ITO (2023) 201 ITD 21 (Bang) (Trib.)S. 54F : Capital gains-Investment in a residential house-Construction delayed due to litigation-Exemption cannot be denied-Proportional deduction is allowed.[S. 45]
Sharada Mohan Shetty. v. ITO (2023) 201 ITD 21 (Bang) (Trib.)S. 45(3) : Capital gains-Transfer of capital asset to firm-AOP-BOI-Transfer undivided title and rights in a land capital asset to AOP-Capital contribution-Amount credited to capital account-Transfer of capital asset-Taxable under section 45 (3) [S. 2(47 (ii)]
DCIT v. Ghanshyamdas J Sukhwani (HUF) (2023) 201 ITD 473 (Pune) (Trib.)S. 45 : Capital gains-Purchase of shares-Reflected in account books-Payment was made to broker subsequent date-Capital gains cannot be assessed as income from undisclosed sources.[2(29AA,) 2(29B), 68, 69]
Bhuwaneshwar Prasad Singh v. ITO (2023) 201 ITD 865 /105 ITR 564/ 226 TTJ 600 (Delhi) (Trib.)S. 45 : Capital gains-Purchase and sale of shares-Off market purchases-Adventure in the nature of trade-Penny stock-Assessable as capital gains and not as business income.[S. 10(38), 28(i)]
Ridhi Bagaria v. ITO (2023) 201 ITD 581 (Cuttack) (Trib.)S. 45 : Capital gains-long-term securities-Penny stock-Scrip was not black listed by SEBI at relevant period-Paid STT-Denial of exemption is not justified-Addition as cash credits is deleted. [S. 10(38), 68]
Atulbhai Amritlal Mehta. v.DCIT (2023) 201 ITD 132 (SMC) (Ahd) (Trib.)S. 44B : Shipping business-Non-residents-Computation-Inland haulage charges-Part of income from operation of ships in international traffic-Charges received from transportation of cargo through feeder vessels-Not taxable in India-income from IT support services-Matter remanded-DTAA-India-France. [S.9(1)(vii), Art.9(1), 13]
CMA CGM SA. v. ACIT (2023) 201 ITD 808 (Mum) (Trib.)S. 40(a)(ia): Amounts not deductible-Deduction at source-Cost of products manufactured-Not chargeable to tax-Not liable to deduct tax at source-DTAA-India-USA [S. 9(1)(v), 9(1)(vi), 195, Art. 12]
DCIT v. Trusted Aerospace Engg. (P.) Ltd. (2023) 201 ITD 797 /226 TTJ 126 (Chennai) (Trib.)S. 35 : Expenditure on scientific research-Application for extension of approval is denied-Not eligible for deduction under section 35(2AB) on such R&D expenditure.[S.35(2AB)]
Saarloha Advanced Materials (P.) Ltd. v. DCIT (2023) 201 ITD 254/226 TTJ 952 (Pune) (Trib.)S. 32 : Depreciation-Robotix kits-Not computer-Entitle to deprecation at 15 percent only-Prior period expenses-Depreciation is not allowable-Travelling expenses-Self made vouchers-Disallowance is restricted to 10%. [S. 37(1)]
Robotix Learning Solutions (P.) Ltd. v. ITO (2023) 201 ITD 179 (Chennai) (Trib.)S. 28(i) : Business income-Interest on FDRs-Pledging fixed deposit receipts (FDRs) as margin with bank-Trading in crude palm oil (CPO)-Foreign Letters of Credit (FLCs) for oil import-Interest is assessable as business income and not as income from other sources-High sea sale-whether speculative-Not decided. [S.43(5), 56]
DCIT v. G. G. Continental Traders (P.) Ltd. (2023) 201 ITD 440 (Amritsar) (Trib.)