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. 45 : Capital gains-Cost of acquisition-Paid to assignment holder-Assignment agreement not registered-Allowable as deduction-Matter remanded for verification. [S. 19, 144C]

Ravi Kumar Tirupati Parthasarathy v. Dy. CIT (2022)99 ITR 70 (SN) (Bang.)(Trib.)

S. 45 : Capital gains-Income from other sources-Compensation received for constructed property on compulsory acquisition of land-Assessable as a capital gain-Directed to treat 60 per cent as cost of acquisition-Reassessment was held to be valid. [S. 48, 147, 148]

Ambaben Jamubhai Patel v. ITO (2022) 219 TTJ 674 / 218 DTR 41 (Surat) (Trib)

S. 45 : Capital gains-Accrual-Unregistered sale deed-Registration-Reference to Departmental Valuation officer-Matter remanded-[S. 2(47), Registration Act, 1908, S. 17, 19, Transfer of Property Act, 1882. [S. 53A]

Satish Zumberlal Firodia v. ITO (2022) 215 DTR 253 / 218 TTJ 836 (SMC) (Pune)(Trib)

S. 45 : Capital gains-Transfer-Agricultural land-Partnership firm was not an agriculturist-Transfer is void ab initio-Not chargeable to capital gains tax. [S. 2(47), 45(2), 45(3), Gujarat Tenancy and Agricultural Lands Act, 1948, S. 2(8)]

Dy. CIT v. Chandrakant L. Patel (2022) 197 ITD 1 / 220 TTJ 965 / 220 DTR 247 (Ahd)(Trib)

S. 45 : Capital gains-Insurance policy-Maturity value-Gains at time of extinguishment of rights-liable to be treated as capital gains-Cost of acquisition will be taken as amount paid towards premium minus 20 per cent of sum assured, which amount shall be treated as not part of investment, rather towards cost of hedging of risk under insurance policy. [S. 10(10D), 48, 56, 88(2A)]

Bishista Bagchi v. Dy. CIT (2022) 195 ITD 31 / 219 TTJ 1096 / 218 DTR 313 (SMC) (Kol)(Trib)

S. 45 : Capital gains-Capital loss-Indexation-Loss on redemption of shares-Not colorable device-Allowable as capital loss.

Dy. CIT v. Piramal Enterprises Ltd. (2022) 216 TTJ 802 (Mum)(Trib)

S. 45 : Capital gains-Capital loss-Loss on sale of shares of joint venture companies-Capital loss incurred on sale of shares is allowable.

Dy. CIT v. Piramal Enterprises Ltd. (2022) 216 TTJ 802 (Mum)(Trib)

S. 45 : Capital gains-Business income or capital gains-Sale of Godown-Rental income was offered as income from house property-Profit on sale of Godown assessable as long term capital gains-Compensation for relinquishment of right to receive residential Flat under allotment letter-Assessable as capital gains-Interest expenses claimed as part of acquisition-Indexation cost-Matter remanded. [S. 28(i), 48]

ACIT v. Gandhi Plastic Industries (2022) 98 ITR 87 (SN)(Mum) (Trib)

S. 44AD : Presumptive taxation-Cash credits-Civil construction-8 Per Cent. of cash deposits to be treated as income-Entire cash deposits in bank account cannot be taxed. [S. 69A]

Gregory Francis D’silva v. Dy. CIT (2022)100 ITR 62 (SN)(Bang) (Trib)

S. 44BB : Mineral oils-Computation-Non-Resident-Service tax collection-Excluded from gross receipts-Difference in revenue offered to tax and revenue as shown in Form 26AS-Foreign currency rate-Matter remanded. [R. 115(1), From No.26AS]

Dy. CIT (IT) v. Globle Santage Drilling Co. (2022) 210 DTR 308 (Mum)(Trib)