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-Valuation of converted compulsory convertible preference shares (CCPS) into equity shares-Shares at premium-Matter remanded for readjudication. [S. 56(2)(viib), R. 11UA]
S.A. Metro Plots (P.) Ltd. v. ITO (2022) 197 ITD 816 (Chennai) (Trib.)
S. 56 : Income from other sources-Valuation of shares-Book value of liability shown in balance sheet has to be reduced for purpose of valuation and determination of FMV of unquoted equity shares. [Rule, 11UA]
ITO v. Mystical Infaratech (P.) Ltd. (2022) 197 ITD 794 (Mum.) (Trib.)
S. 56 : Income from other sources-Buying back of shares-Holding company-Capital redemption reserve-Addition cannot be made when the shares are brought back from holding company. [S. 56(2)(viia)]
VITP (P.) Ltd. v. DCIT (2022) 197 ITD 395 (Hyd.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Construction of building-Structure not fit for residential house-Constructed to exploit for the purpose of Hostel-Not eligible for exemption. [S. 45]
Gundala Sarvottam Rao v. ITO (2022) 197 ITD 374 (Hyd.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Owned two residential property-Denial of exemption is justified. [S. 45]
Atul Govindji Shroff v. DCIT (2022) 197 ITD 366 /(2023) 223 TTJ 512 (Ahd.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Exemption claimed under wrong section-Surrender of tenancy rights-Claimed exemption under section 54 instead of section 54F-Entitled to claim exemption under section 54F without filing revised return. [S. 45, 54, 139]
ITO v. Armine Hamied Khan (Mrs) (2022) 197 ITD 110 /2023) 221 TTJ 653/ 222 DTR 233 (Mum.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Sale of immoveable property-Purchase of three flats-Name of wife, son and himself-Flats purchased in name of assessee’s wife and son were also to be allowed-Renovation expenses-Issue remanded to the file of CIT(A). [S. 45]
Mukkamala Srihari Rao. v. ACIT (2022) 197 ITD 36 (Ranchi) (Trib.)
S. 54B : Capital gains-Land used for agricultural purposes-Plots of land sold which formed share of assessee were property held by assessee’s husband (Karta), capital gains could only be assessed in his hands-Exemption under section 54B/54F to assessee is not eligible. [S. 45, 54F]
ITO v. Seema Bhattacharya. (2022) 197 ITD 241 (Jabalpur) (Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-land sold-Objection for valuing as per stamp valuation-Reference to DVO-Assessing Officer was duty bound to refer valuation of said land to Departmental Valuation Officer. [S. 45, 50C(2)]
Manju Soni (Smt.) v. ITO (2022) 197 ITD 757 (Varanasi)(Trib.)
S. 48 : Capital gains-Computation-Compensation-Interest for clearance of encumbrance on land-99 per cent of shareholding of property was with co-owners-Compensation is made to self-Not allowable as deduction. [S. 45]
DCIT v. Jayapal Sanjay (2022) 197 ITD 720 (Chennai)(Trib.)