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 – Demonetisation – Specified Bank notes – Sales – Matter remanded to the Assessing Officer .[ S. 115BBE ]

B. K. Rajanna v. ITO (2025) 210 ITD 677 (Bang.) (Trib.)

S. 68: Cash credits – Share capital – Share premium – Assessee had demonstrated that subscribing companies were having adequate reserves and surpluses to invest- Addition is deleted .
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Karni Infraprojects (P) Ltd. v. ITO (2025) 233 TTJ 465 / 173 taxmann.com 576 (Kol) ( Trib)

S. 56: Income from other sources – Stamp valuation- Allotment letter – Registration- AO made addition as stamp duty value more than consideration paid –Consideration paid was as per allotment latter and not date of registration – Entitled to the benefits of proviso to Section 56(2)(vii)(b). [ S. 56(2)(viib ), 143(2) ]

Manjulaben Himmatlal Jain v. ITO (2025) 233 TTJ 345 (Mum) ( Trib)

S. 56: Income from other sources – Interest on compensation- Assessable as income from other sources . [ S.10(37), Land Acquisition Act , 1894 , S 28 ]

Vachaspati Sharma v. ITO (2025) 210 ITD 537 (Delhi) (Trib.)

S. 56: Income from other sources – Share premium – Conversion of a loan into share capital does not exonerate the assessee from the application of S.56(2)(viib)- Addition is affirmed . [ S. 56(2)(viib) ]

Parasmani Gems (P.) Ltd. v. Dy. CIT [2025] 210 ITD 215 (Ahd)(Trib.)

S. 56 : Income from other sources – Purchase of properties/payment of sale consideration & taking possession of property – Subsequent registration of sale Deed in the relevant AY – Addition deleted – Non-speaking order – Violation of principles of natural justice. [ S. 56(2)(x)(b) ]

Babubhai Ramanbhai Patel v. ITO (2025) 210 ITD 165 (Ahd.) (Trib.)

S. 54F: Capital gains – -Investment in residential house – 50% ownership in property – Does not own more than one house at the time of the transfer of the original capital asset, would be entitled to claim the exemption u/s.54F, even if they lack absolute ownership of the property they are selling. [ S. 45 ]

Rajeev Vasudeva v. Dy. CIT [2025] 210 ITD 442 (Delhi)(Trib.)

S. 54 : Capital gains – Profit on sale of property used for residence – Property purchased by HUF – Through General Power of Attorney held by a coparcener – Held, valid transaction – Eligible for exemption . [ S. 45 ]

Dhanraj Kochar (HUF) v. Dy.CIT (2025) 233 TTJ 636 (Chennai)( Trib))

S. 50C : Capital gains – Full value of consideration – Valuation for the purposes of Stamp Duty –Development rights – Assessee holding the land title in her name only for technical purposes – development rights of the land transferred to the partnership firm where assessee was a partner –.Assignment of development rights provision is not applicable . [ S. 45 ]

Dy.CIT v. Minal Urmil Shah (2025) 233 TTJ 805/ 211 ITD 136 / (Ahd) ( Trib)

S. 50C : Capital gains – Full value of consideration – Special provision for computation of full value consideration (Amendment) – difference between sale consideration and stamp duty – Stamp Duty Value of the Property purchase and Purchase consideration is less than the tolerance band of 10%- Provisions of Section 56(2)(x)- The assessee is entitled to the benefit of the tolerance limit of 6.56%. [ S. 56(2)(x ) ]

Saggar Parimmal . ITO ( Mum)( Trib ) (UR ) Ketan Kumar Sagar v. ITO (Mum ) (Trib) (UR)