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-Assessee’s plant at pre-operation stage, interest accruing on fixed deposits after business set up, deposits linked with projects would not alter character of income after business set up. [S. 28(i)]
RKM Powergen P. Ltd. v. Asst. CIT (2023)105 ITR 68 (SN)(Chennai)(Trib)
S. 56 : Income from other sources-Share premium-Valuation of shares-Share premium reflected in balance-sheet-Figures reflected in books of account or in balance-sheet prepared in accordance with Companies Act, 1956-AO does not have power to disturb-Share premium to be included in “reserves and surplus”-AO under “liability approach” ignoring share premium in balance-sheet under “reserve and surplus”-Under “asset approach”, treating share premium as liability-Both workings flawed-Net asset value method adopted by assessee recognised method-Taxation of share premium u/s. 56(2)(viib) of the Act is only by way of deeming fiction.-Addition unsustainable: [S. 56(2)(viib),Rule ,11UA]
CNR Leading Softek P. Ltd. v .ITO (2023)104 ITR 26 (SN)(Delhi)(Trib)
S. 56 : Income from other sources-Redevelopment-Rent-Alternative accommodation-Rent Received from builders on account of redevelopment for alternate accommodation-Hardship allowance-Not taxable as income from other sources.[S. 4]
Ajay Kothari v. ITO (Mum)(Trib.) (UR)
S. 56 : Income from other sources-Capital gains-Income from house property-lease agreement-Forfeiture of part of advance rent received-No extinguishment of rights as the right to the rent-Neither assessable as capital gain nor income from house property-Assessable as income from other sources. [S. 22,45]
ACIT v. Gimpex (P) Ltd. (Chennai)(2023) 202 ITD 784 / 106 ITR 44 (SN) (Chennai) (Tib).
S. 56 : Income from other sources-Stamp valuation-Circle rate-Unexplained investments-Purchase was done at circle rate-Reference to valuation officer is not valid-Addition is deleted [S. 56(2) (vii),69]
Vinit Kumar v. Dy. CIT (2023) 201 ITD 499 (Delhi)(Trib.)
S. 56 : Income from other sources-Share premium-Discounted cash flow method (DCF)-Not justified in rejecting the method followed by the assessee-Matter remanded. [S. 56(2) (viib), R. 11 UA]
Brio Bliss Life Science (P.) Ltd. v. ITO [2023] 200 ITD 167 (Chennai)(Trib.)
S. 56 : Income from other sources-Share application-Date of allotment-Provision can be invoked on the date of allotment and not on the date of share application-The Assessing Officer can refuse method of valuation after proving that methodology resorted by assessee is incorrect or not as per standards laid down. [S. 56(2)(viib), R. 11UA(2)]
ITO v. Appealing Infrastructure (P.) Ltd (2023) 201 ITD 719 (Delhi)(Trib)
S. 56 : Income from other sources-Share premium-DCF method-Holding company-Bringing the premium received from the holding company to tax net under these deeming fictions would tantamount to stretching the provision to an illogical length and will lead to some kind of absurdity in taxing own money of shareholders without any corresponding benefit-Addition is deleted. [S. 56(2)(viib) R.11 UA]
Dy. CIT v. Kissandhan Agri Financial Services (P.) Ltd. [2023] 201 ITD 159 (Delhi)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Deduction claimed from selling flats-Transfer for reversal of such deduction made after three years-Matter remanded to verify if there was double taxation. [S. 45]
Madhu Kumar Patel v. Asst. CIT (IT) (2023)103 ITR 112 (Hyd) (Trib)
S. 54F : Capital gains-Investment in a residential house-Non-Resident-Co-owner of a property at USA-Not entitled to the benefit of deduction. [S. 45, 54F(a), 54F(b)]
Dy. CIT v. Babu Rajendra Prasad Vadlamudi [2023] 201 ITD 704/ 226 TTJ 820 (Vishakha)(Trib.)