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. 115BBE : Tax on specified income-Survey-Builder-Housing project-On money-Income offered-Assessed as deemed income-Professional fees paid was allowed as deduction. [S. 68, 37(1)]

Anjani Infra v. DCIT (2021) BCAJ-October-P. 54 (Surat)(Trib.)

S. 69A : Unexplained money-Alleged on-money-Power of attorney holder-Addition cannot be made in the assessment of power of attorney holder. [S. 143(3)]

Bamkimbhai D. Patel v. ITO (2021) BCAJ-September-P. 38 (Ahd.)(Trib.)

S. 68 : Cash credits-Statement of Mr Praveen Kumar Jain which was retracted-Addition cannot be made on presumptions that the assessee has routed its own cash in the form of unsecured loans. [S. 132]

Nisarg Lifespace LLP v. ITO (2021) The Chamber’s Journal-August-P. 92 (Mum.)(Trib.)

S. 56 : Income from other sources-Share premium-Share premium cannot be assessed as revenue receipt. [S. 56(1), 68]

ACIT v. Covestro India (P.) Ltd. (2021) 129 taxmann.com 50 (Mum.)(Trib.)

S. 56 : Income from other sources-Acquisition of Agricultural land-Interest on enhanced compensation-Capital receipt-Not chargeable to tax. [S. 4, 56(2)(viii), 57(iv)]

Narinder Kumar v. ITO (2021) BCAJ-June-P. 27 (Delhi)(Trib.)

S. 56 : Income from other sources-Transferable Development Rights (TDR)-Shown as stock in trade-Deemed consideration-Provision section 50C is not applicable-Deemed consideration cannot be assessed as per section 56(2)(vii (b)) of the Act. [S. 50C, 56(2)(vii)(b), 269UA]

Sawmya Sathyan (Smt.) v. ITO (2021) 211 TTJ 101 (Bang.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Farm house-Entitle to exemption. [S. 45]

ACIT v. Rajat Bhandari (2022) BCAJ-January-P. 36 (Delhi)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Date on which full consideration was paid and possession was taken is the relevant date to be considered. [S. 45]

ACIT v. Mohan Prabbhakar Bhide (2021) BCAJ-June-P. 20 (Mum.)(Trib.)

S. 45 : Capital gains-Acquisition of land under National High Act (NHA) 1956-Compensation received is taxable-No specific exemption under RECTLAAR Act, 2013. [RECTLAAR Act, 2013, S. 96, 105(3)]

Jagdish Arora v. ITO (2021) 127 taxmmann.com 728 //(2022) 93 ITR 233. ( Agra ) ( Trib) /Sunil Arora v .ACIT ( 2021 ) 127 taxmmann.com 728 / (2022)93 ITR 233 (Agra) ( Trib) Sunil Arora v .ACIT ( 2021 ) 127 taxmmann.com 728 / (2022)93 ITR 233 (Agra) ( Trib)

S. 45 : Capital gains-Capital gains accepted in one co-owner-Addition cannot be made in the case of another Co-Owner though accepted u/s. 143(1) of the Act. [S. 50C, 143(1)]

Rajeshkumar Shantilal Patel v. ITO (2021) 127 taxmann.com 342 (Surat)(Trib.)