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-Business income-Developer-Sale of land after gap of a decade-Profits assessable as capital gains-Entitle for exemption. [S. 28(i), 54F]

Mujib Salmanbhai Pathan v. ACIT (2021) 190 ITD 562 (Nagpur)(Trib.)

S. 43CB : Construction and service contracts-Percentage completion-Project completion method-Both duly recognized methods of accounting under construction contracts for relevant assessment year. [S. 145]

Trident Estate (P.) Ltd. v. ITO (2021) 190 ITD 364 (Mum.)(Trib.)

S. 43CA : Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Sale of flats with customer prior to 1-4-2013-Sale deed was executed after 1-4-2013-Provision is applicable [S. 50C]

Spytech Buildcon v. ACIT (2021) 190 ITD 325 (Jaipur)(Trib.)

S. 43B : Deductions on actual payment-Late deposit of employee contribution towards ESIC/EPF-Payment was made before due date of filing of return-Allowable as deduction-CIT (A) was not justified in denying deduction by relying upon non-jurisdictional High Court’s decision. [S. 36(1)(va), 144B, 250]

Mahadev Cold Storage v. Jurisdictional Assessing Officer (2021) 190 ITD 273 / 212 TTJ 891 / 205 DTR 145 (Agra)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Purchases-Not claimed as expenditure-Matter remanded.

Kumar Properties and Real Estate (P.) Ltd. v. DCIT (2021) 190 ITD 212 / 87 ITR 69 (SN) / 212 TTJ 227 / 212 DTR 425 (Pune)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Advance against sale of property-Continued to remained as liability in the balance sheet-Addition cannot be made as cessation of liability.

ACIT v. Ashish Indur Chowdhry (2021) 190 ITD 435 (Mum.)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Real estate developer-Purchase of agricultural land-Disallowance was held to be not justified. [R. 6DD(e)(i)]

Mohammed Ali Shaik v. ITO (2021) 190 ITD 771 /(2022) 211 DTR 94 / 216 TTJ 94 (Vishakha)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Pond and farm maintenance expenses-No evidence was produced to prove that the payments had been made to cultivator, grower or produced-Disallowance was confirmed. [R. 6DD(e)]

Oceanic Bio Harvest Ltd. v. DCIT (2021) 190 ITD 765 (Chennai)(Trib.)

S. 40(b)(iv) : Amounts not deductible-Partner-Interest-Pro-rata basis-Average opening and closing balance. [S. 36(1)(iii), 37(1)]

Universal Stone Crushing Co. Dala v. ITO (2021) 190 ITD 415 (SMC) (All.)(Trib.)

S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education cess-Allowable as deduction [S.37 (1)]

Metropolis Healthcare Ltd. v. DCIT (2021) 190 ITD 331 (Delhi) (Trib.)