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
Click here to download the pdf versions of the Digest of case laws
S. 69 : Unexplained investments-Paintings-Price details and mode pf payment was disclosed-Gold jewellery, Diamond jewellery and Silver Utensils-Quantity less than threshold limit for wealth-tax-Deletion of addition is held to be justified. [S. 132]
ACIT v. Parminder Singh Kalra (2021) 90 ITR 419 (Delhi)(Trib)
S. 68 : Cash credits-Confirmation was filed-Identity, creditworthiness and genuineness of transaction was established-Addition was held to be not justified. [S. 133(6)]
Swarn Gems P. Ltd. v. ITO (2021) 90 ITR 14 (SN) (Delhi)(Trib.)
S. 68 : Cash credits-No evidence was produced-Addition is held to be justified-Disallowance of agricultural income was also up held.
Balasahev Vyankat Gaikwad v. ACIT (2021) 90 ITR 66 (SN) (Pune)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Construction of residential house within three years-Completion of construction is not mandatory-Once construction started and amount invested the condition of section is fulfilled. [S. 45]
JCIT (OSD) v. Santosh Suresh Gupta (2021) 90 ITR 24 (SN) (Pune)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-Investing part of sale proceeds-Unable to construct of house due to litigation-Entitled to deduction only to extent of amount used for purchase of site and not for balance. [S. 45]
ITO v. Mujeeb Urrahman (2021) 90 ITR 68 (SN) (Bang.)(Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation Difference between Circle Rate and actual sale consideration less than 10 Per Cent. of Stamp Duty valuation-Difference cannot be added. [S. 43CA, 45, 56]
RMG Buildwell (P.) Ltd. v. ITO (2021) 90 ITR 1 SN) (Delhi)(Trib.)
S. 43B : Deductions on actual payment-Statutory due was paid before filing of return-Inadvertently showing in Audit Report as not paid-Error rectified by filing revised audit report-Disallowance was deleted. [S. 143(1), 143(3)]
Kuberan v. Dy. CIT (2021) 90 ITR 82 (SN) (Bang.)(Trib.)