S. 69A : Unexplained money – Assessing the miscellaneous business income as income from other sources and applying the special rate as per section 115BBE is not justified . [ S. 115BBE ]
Deepak Setia v. Dy.CIT ( 2023) 106 ITR 125 ( Amritsar ) (Trib)S. 69A : Unexplained money – Assessing the miscellaneous business income as income from other sources and applying the special rate as per section 115BBE is not justified . [ S. 115BBE ]
Deepak Setia v. Dy.CIT ( 2023) 106 ITR 125 ( Amritsar ) (Trib)S. 64 : Clubbing of income – Spouse – Income returned and assessed in the hands of wife can not be again be taxed in the hands of the husband by invoking section. 64(1)(ii) of the Act . [ S. 64(1)(ii), 153A ]
Ketan Prabhulal Dalsanaiya v .DCIT( 2024 ) BCAJ – May – P. 47 ( Rajkot)( Trib)S. 56 : Income from other sources -Allotment letter issued by developer constitute an agreement for the purpose of proviso to section 56(2)(vii)( b) – Addition is deleted. [ S. 56(2)(vii)(b) ]
Tamojit Das v. ITO ( 2024) BCAJ – November -P. 49 (Kol)( Trib)S. 56 : Income from other sources – Stamp valuation-Date of agreement – Part consideration was paid by Co -owner on or before the date of the agreement – Stamp duty as on the date of boking of the flat to be considered – The date of registration and who has made the payment is immaterial -Addition is deleted.[ S.56(2)(viib) ]
Rekha Singh v.ITO ( 2024)BCAJ – February – P 41 ( Mum)( Trib)S.54F : Capital gains- Investment in a residential house – Entire actual consideration was invested in purchase of under consideration of residential house – Capital gain is exempt – Provision of section 50C is not applicable .[ S. 45, 48 , 50C , 54F(4)]
Lalit Kumar Kalwar v .ITO ( 2023) 106 ITR 373 ( Jaipur )( Trib)S. 48 : Capital gains –Mode of Computation -Transfer of securities – Management fees is allowable as deduction while computing capital gains . [ S. 45]
Krishnamurthy Thiagarajan v.ACIT ([2024] 164 taxmann.com 550 (Mum)( Trib)S. 45 : Capital gains -Taxable in the year in which possession of constructed premises was received by the assessee and not in the earlier year when occupancy certificate was granted – Section 45(5A) which has been introduced w.e.f. 1-4- 2018 applies w.e.f. AY. 2018 -19 and not AY. 2017 -18 -Fair market value deemed to be full value of consideration in certain shares – Value of consideration- Full value of the consideration should be computed on the basis of guideline value of land or building that is transferred / received on development and not cost of construction reported by the developer as the said report was not supported by supporting documents . [ S. 45(5A) ,48, 50C, 50D ]
Alagappa Muthiah HUF v. DCIT ( 2024) BCAJ – October -P. 54 ( Bang)( Trib)S. 45 : Capital gains – Transfer – Development agreement – Irrevocable power of attorney – Registration of a contract is not relevant for in the case of section 2(47)(v) – Transferred 62 percent of land to a developer in exchange of 38 percent of the developed area to be constructed under an unregistered joint development agreement – transaction is liable to capital gains under section 2(47)(vi) in the year of agreement – Matter remanded for determination of cost of acquisition .[ S. 2(47)(vi) , 48, 50C, Transfer of Property Act , 1882 , S 53A ]
K.P.Mohamed Ali v .ITO ( 2024) BCAJ- March – P. 34 ( Cochin )( Trib)S. 36(1)(iii) :Interest on borrowed capital – Interest free advance to subsidiary – Allowable as deduction on commercial expediency . [ S. 37(1), 260A ]
PCIT v. ESSEL Infra Projects Ltd ( Former PAN India Paryatn Ltd ( 2024) BCAJ – March – P. 47 ( Bom)( HC)S. 22 : Income from house property -Income from business – Letting out property –Business of letting or subletting of properties- Income assessable as income from house property – Rule of consistency should be applicable to tax proceedings .[ S. 24 , 28(i) ]
PCIT v. Banzai Estates (P.) Ltd [2024] 165 taxmann.com 412 (Bom)( HC)