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. 56 : Income from other sources-Purchase of land-Violation of principle of natural justice-Show cause notice proposing additions was received after assessment order was passed- Order is set aside. [S. 50C, 56(2)(vii)]

Shailesh Mohanbhai Patel AT & PO. v. ITO (2023) 202 ITD 650 (Surat)(Trib.)

S. 56 : Income from other sources-Valuation of shares-Two methods-NAV or DCF-Choice with the assessee-The Assessing Officer cannot question valuation per se. [R.11UA]

Caddie Hotels (P.) Ltd. v. PCIT (2023) 202 ITD 351 (Delhi) (Trib.)

S. 56 : Income from other sources-DCF method for valuation-Method could not be rejected without brining any defect in methodology of valuation. [S. 56(2)(viib)]

Balgopal Cold Storages (P.) Ltd. v. ITO (2023) 202 ITD 362 (Delhi) (Trib.)

S. 56 : Income from other sources-Purchase of property by participating in e. tender, being highest / successful bidder-Considered as fair market value for the purpose of stamp duty. [S. 45, 50C, 56(2)(x)]

ITO v. Mahavir Enterprises (2023) 202 ITD 253 (Mum.)(Trib.)

S. 56 : Income from other sources-Market value of shares-Discounted Cash Flow method(DCF)-No defect is pointed out-Option is with the assessee-The Assessing Officer cannot change the valuation. [S. 56(2)(viib), R. 11UA 2(a), 11UA(2))(b)]

Deep Jyoti Wax Traders (P.) Ltd. v. ITO (2023) 202 ITD 718 (Kol.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Constructed residential buildings comprising of two rooms, kitchen, toilet having electricity and water connection which was being used as residential unit-Denial of exemption is not justified-Cost of improvement-Documentary evidence not filed-Disallowance is affirmed. [S. 45, 48, 55]

Girish Mohan v. ACIT (2023) 202 ITD 221 (Delhi) (Trib.)

S. 54F : Capital gains-Investment in a residential house-One house in his name and two properties jointly with his family members-Jointly held property cannot be said to be owner of the property-Entitle to deduction-Other expenses-Matter is remanded to the Assessing Officer. [S. 37(1), 45]

Mukesh Arvindlal Vakharia v. ITO (2023) 202 ITD 1 (Surat) (Trib.)

S. 54EC : Capital gains-Investment in bonds-Investment in NHAI bonds before sale of property out of advance money received-Entitle to deduction. [S. 45]

Mukesh Arvindlal Vakharia v. ITO (2023) 202 ITD 1 (Surat) (Trib.)

S. 54B : Capital gains-Land used for agricultural purposes-Mistakenly offered as taxable income-Assessing Officer accepted the return-Appeal filed before the CIT(A) on the ground that the income was shown mistaken belief that the same is taxable-CIT(A) dismissed the appeal-Held that dismissal of appeal is not justified-Article 265 of Constitution of India prohibits tax to be collected without authority of law.[S. 2(14)(iii), 139(1), 246A, 250, Art. 265]

Madanlal Mohanlal Sakhala v. ACIT (2023) 202 ITD 751 (Mum) (Trib.)

S. 48 : Capital gains-Mode of Computation-Indexed cost of construction/improvement of certain amount Cost of construction-Failure to produce bills-Matter remanded to examine the valuation report.[S. 45]

Pawan Aggarwal v. DCIT (2023) 202 ITD 712 (Chd.)(Trib.)