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. 68 : Cash credits-Long term Capital gains-Report from Investigation Wing-STT paid-primary documents to prove purchase/allotment of shares i.e., share certificate, bank statement highlighting the payment made for purchase of shares, demat statement, etc,-AO is directed to delete the addition and to allow the exemption under s. 10(38) on sale of shares. [S. 10(38), 45]
Sheela Ashok Bafna v. ITO (2024) 231 TTJ 889 / 38 NYPTTJ 483 (Mum) (Trib)
S. 68 : Cash credits-Capital gains-Penny stock-Report from Investigation Wing-CI Ltd-Shares held for five years-Neither statements are not provided nor an opportunity of cross examination-Addition is deleted-Allowed exemption. [S. 10(38), 45]
Jayantilal Bhagwanchand v. ITO (2024) 231 TTJ 1032 / 38 NYPTTJ 1131 (Bang)(Trib)
S. 68 : Cash credits-Value of property received as gift from father-Accounting entries-Addition cannot be made.
ITO v. Inder Jaggi (2024) 231 TTJ 768 / 38 NYPTTJ 1103 (Raipur)(Trib)
S. 68 : Cash credits-Cash deposits-Demonetization-Sales has been accepted-Books of accounts are not rejected-Addition is deleted.[S. 133(6)]
ACIT v. Balvir Singh Tomar (2024) 231 TTJ 564 / 242 DTR 17 / 38 NYPTTJ 974 (Jaipur)(Trib)
S.54F : Capital gains-Investment in a residential house-Construction of first floor with separate kitchen, electric connection, water connection, etc-Entitle to exemption-Amount received back-Cancellation of deal of property-Addition is deleted. [S. 45, 68]
Chandra Bhavani Sankar v. ITO (2024) 231 TTJ 1072 / 243 DTR 9 / 38 NYPTTJ 1068 (Chennai)(Trib)
S. 54 : Capital gains-Profit on sale of property used for residence-Co-Owner-Sale of old asset-Allowed the claim in the name of Co-0wner-Order of CIT(A) is affirmed.[S. 45]
ITO v. Prakash Ramkrishna Pophale (2024) 231 TTJ 49 (UO) (Pune) (Trib)
S. 50 : Capital gains-Depreciable asset-Long term capital gains-More than 36 months-Rate of tax is 20 per cent. [S.2(42A), 48, 49, 112]
SKF India Ltd. v. Dy.CIT (2024) 231 TTJ 977 / 242 DTR 161 / 38 NYPTTJ 1254(SB) (Mum)(Trib)
S. 48 : Capital gains-Mode of Computation-Indexed cost-AO is directed to allow the above two additional deductions while calculating the long-term capital gains in addition to the deductions already allowed by the AO in respect of indexed cost of acquisition of plot.[S. 45]
Sandiiya Suresh Dahivelkar v. ITO (2024) 231 TTJ 25 (UO) (Pune)(Trib)
S. 48 : Capital gains-Mode of Computation-Cost of improvement-Payment made to builder-No reference in sales deed-Allowable as deduction. [S. 45]
ITO v. Prakash Ramkrishna Pophale (2024) 231 TTJ 49 (UO) (Pune) (Trib)
S.45:Capital gains-Suppression of sale-Paper seized from the premises of purchaser-Loose papers-Matter is restored back to the file of the CIT(A) for fresh determination of the issue in accordance with law after making enquiries or causing enquiry through the AO. [S. 48,131, 251]
ACIT v. DSL Properties (P) Ltd. (2024) 231 TTJ 66 (UO)(Delhi) (Trib)