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. 45 : Capital gains-Joint Development Agreement-Transfer-Development of a plot of land-Transfer complete on execution of IDA-Capital gains is rightly assessed by the Assessing Officer. [S. 2(47)]

Naga padmaja vangara (Smt.) v. ITO (2022) 197 ITD 665 (Hyd.) (Trib.)

S. 48 : Capital gains-Computation-cost of acquisition-Fair market value on 1-4-1981-Fair market value of net assets-Shares were acquired by assessee before 1-4-1981-Option to substitute its cost of acquisition by fair market value of net assets as on 1-4-1981 is with assessee. [S. 2(22B), 49]

Sushiladevi R Somani. v. ACIT (2022) 197 ITD 316/ 219 TTJ 633 / 217 DTR 417 (Mum) (Trib.)

S. 45 : Capital gains-Sale of shares-Non-compete fee-Sale consideration cannot be partly attributable as business income [S. 28(va)]

Pranay Godha v. ACIT (2022) 197 ITD 767 (Mum.)(Trib.)

S. 45 : Capital gains-Sale of property given as security as guarantor by director-Collateral security as a guarantor-Taxable in the year in which land was transferred to assignee to sale to recover loan for bank-Year of taxability was not examined-Matter remanded-Court made observation that the law may be amended to recover the tax from the borrower. [S. 2(47), 48]

Abbasbhai A. Upletawala v. ITO (2022) 197 ITD 548 /220 TTJ 880/ 220 DTR 137 (Mum.)(Trib.)

S. 45 : Capital gains-Investment in shares-High volume and frequency of transactions-Shares purchased on delivery basis-Accepted for number of years-Assessable as capital gains. [S. 2(29A) 2(42A), 10(38), 28(i)]

Yamini Khandelwal. (Smt.) v. ACIT (2022) 197 ITD 520/ 220 TTJ 485 / 219 DTR 201 (Kol.) (Trib.)/ Suraj Khandelwal v. ACIT (2022) 197 ITD 520/ 220 TTJ 485/ 219 DTR 201 (Kol) (Trib.)

S. 45 : Capital gains-Sale cum development agreement dt. 21-10-2010-Possession of property to transferee after obtaining intimation of disapproval (IOD)-IOD received on 15-4-2013-Capital gain is not taxable in the assessment year 2011-12. [S.2(47), Transfer of Property Act, 1882, S.53A]

Mahesh D. Saini v. ITO (2022) 197 ITD 513 (Mum.)(Trib.)

S. 45 : Capital gains-Division of property to avoid family dispute-Capital gains is taxable in the hands of Individual and not HUF. [S. 4, 171]

ITO v. Seema Bhattacharya (2022) 197 ITD 241 (Jabalpur) (Trib.)

S. 44BBA : Air craft-Non-residents-Gross receipts-Service tax-Fiduciary capacity-Service tax was to be excluded from gross receipts while computing total income of assessee on presumptive basis.

ACIT(IT) v. Cathay Pacific Airways Ltd. (2022) 197 ITD 102 (Kol.)(Trib.)

S. 43CA : Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-First proviso to section 43CA inserted by Finance Act, 2020 with effect from 1-4-2021 is applicable retrospectively-Difference recorded between sale value of flats sold by assessee and stamp value of such flats was within 10 per cent margin-Addition is deleted. [S.50C]

Sai Bhargavanath Infra v. ACIT (2022) 197 ITD 496 (Pune) (Trib.)

S. 43B : Deductions on actual payment-Developer-External Development Charges-External Development Charges (EDC) to HUDA authority-Not a tax/duty/cess/fee, hence, does not attract provisions of section 43B-Allowable as deduction [S. 37(1), 145]

Vipul Ltd. v. DCIT (2022) 197 ITD 556 (Delhi)(Trib.)