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. 50C : Capital gains-Full value of consideration-Stamp valuation-Fair market value-Registered Valuer valued the property at less than sale consideration-Sale consideration and DVO is less than Stamp Valuation Authority-Deeming provision cannot be applied-Addition is deleted. [S. 45]
Baba Export House. v. ACIT (2024) 205 ITD 201 (Delhi) (Trib.)
S. 48 : Capital gains-Mode of Computation-Cost of acquisition-Fair market value determined by Government valuer-Assessing Officer has no right to replace Government approved valuer’s opinion with his own opinion. [S. 45, 50A 55A]
Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum) (Trib.)
S. 48 : Capital gains-Mode of Computation-Sale of shop-Cost of improvement-Construction cost of concrete bridge on culvert in front of shop-Allowable as deduction while computing capital gains. [S. 45]
Joginder Singh v. ACIT (2024) 205 ITD 600 (Amritsar)(Trib.)
S. 44BBA : Air craft-Non-residents-Computation-Air craft-Service tax-Statutory levy-it did not form part of receipts of assessee for purpose of section 44BBA.[S. 44BBBA(1)]
Cathay Pacific Airways Ltd. v. ACIT (IT) (2024) 205 ITD 562 (Kol) (Trib.)
S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Rent for four godowns in cash-Less than Rs 10,000 per day per person-No disallowance can be made-Matter remanded for verification-Electricity charges in cash to a State Government undertaking-Covered by exception carved out in rule 6DD(b)-No disallowance can be made. [R.6DD(b)]
Shubh Karan Mahnot v. ITO (2024) 205 ITD 246 (Raipur)(Trib)
S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Royalty-Disallowance at rate of 0.2 percent of turnover is deleted-25% of other fees on ad-hoc basis-Order of CIT (A) directing Assessing Officer to allow payments after verifying and comparing similar payments made to other group companies is affirmed.
Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum) (Trib.)
S.37(1): Business expenditure-Trip for dealers-Expenditure incurred by assessee under its trip scheme for its dealer for purpose of expanding assessee’s business by encouraging dealers and distributors to achieve a specific target of purchase being closely linked to assessee’s business activity is allowable expenditure.
Asian Paints Ltd. v. ACIT (2024) 205 ITD 680 (Mum)(Trib)
S.37(1): Business expenditure-Decorative paint business-Capital or revenue-Extension of existing business-Revenue expenditure.
Asian Paints Ltd. v. ACIT (2024) 205 ITD 680 (Mum)(Trib)
S.37(1): Business expenditure-New line of business-Capital or revenue-Furniture space, home improvement, kitchen space, bathroom space and acquisition of paints manufacturing company in Ethiopia being completely a new line of business and not an extension of existing business of assessee, is capital in nature.
Asian Paints Ltd. v. ACIT (2024) 205 ITD 680 (Mum.)(Trib.)
S. 145 : Method of accounting – Project completion method – The Assessing Officer is not justified in rejecting the project completion method and estimating the income on percentage completion method- No addition can be made merely on the basis of sales shown in the GST return and Income tax return when the assessee is able to reconcile the difference . [ S. 4 ]
ITO v. Reliable Builders and Developers ( Mum)( Trib) ww.itatonline .org