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-Share capital at premium-Valuation report-Real estate-Identity, creditworthiness and genuineness of transactions was proved-Addition was held to be unjustified.

Renu Proptech (P.) Ltd. v. ACIT (2021) 190 ITD 378 (Delhi)(Trib.)

S. 68 : Cash credits-Share capital-Share premium-Share subscriber did not appear for personal attendance-Matter remanded.

Sweet Sales (P.) Ltd. v. ITO (2021) 190 ITD 461 (Kol.)(Trib.)

S. 68 : Cash credits-Share capital and share premium-Copy of bank statements, confirmation of parties copy of ITR along with balance sheet was furnished-Deletion of addition was held to be justified.

DCIT v. Mahalaxmi TMT (P.) Ltd. (2021) 190 ITD 582 (Pune)(Trib.)

S. 68 : Cash credits-Sundry creditor-Confirmation filed before the CIT(A) was rejected-The addition was deleted.

Mega international (P.) Ltd. v. DCIT (2021) 190 ITD 559 (Delhi)(Trib.)

S. 56 : Income from other sources-Purchase of property-Part payment was made by cheque next day-Agreement and registration was done after one year-Addition was held to be not justified when the provision was not in exist when the agreement was entered in to. [S. 56(2)(vii)(b)]

Ashutosh Jha. v. ITO (2021) 190 ITD 450 (SMC) (Kol.) (Trib.)

S. 56 : Income from other sources-Method of valuation of shares-Discount Cash Flow method (DCF)-Method of valuation of shares adopted by assessee could be challenged by Assessing Officer only if it was not a recognized method of valuation as per rule 11UA(2)-Matter remanded. [S. 56(2)(viib), R. 11UA(2)]

Him Agri Fesh (P.) Ltd. v. ITO (2021) 190 ITD 429 / 90 ITR 95 (Amritsar)(Trib.)

S. 56 : Income from other sources-Share capital and share premium-Additional evidence-Matter remanded. [S.56(2)(viib), Rule 11UA]

High Wings Construction (P.) Ltd. v. ITO (2021) 190 ITD 673 (Delhi)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Amount not utilised before specified date-Amount liable too tax. [S. 45, 147]

Avtar Krishen Jalla v. ITO (2021) 190 ITD 443 / (2022) 216 TTJ 177 / 210 DTR 289 (SMC) (Delhi)(Trib.)

S. 54B : Capital gains-Land used for agricultural purposes-Assessee includes HUF-Amendment brought on by Finance Act, 2013, in section 54B by inserting assessee being an individual or his parent, or a Hindu Undivided Family was classificatory in nature. [S. 54F]

Shri Sitaram Pahariya (HUF) v. ITO (2021) 190 ITD 239 / 203 DTR 137 / 212 TTJ 273 (Agra)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Safe harbour-Variation from 5 percent to 10 percent-Effective from the date on which section 50C was introduced. i.e. 1-4-2003 [S. 50C(1), 45]

Amrapali Cinema v. ACIT (2021) 190 ITD 36 (Delhi)(Trib.)