S. 50C : Capital gains-Full value of consideration-Stamp valuation-Date of agreement to sell to be taken into consideration for stamp duty valuation-Matter remanded.[S.45]
Dharmendra B. Patel v. Dy. CIT (2022)98 ITR 268 (Surat) (Trib)S. 50C : Capital gains-Full value of consideration-Stamp valuation-Date of agreement to sell to be taken into consideration for stamp duty valuation-Matter remanded.[S.45]
Dharmendra B. Patel v. Dy. CIT (2022)98 ITR 268 (Surat) (Trib)S. 49 : Capital gains-Previous owner-Cost of acquisition-Gift-Received flat as a gift from mother-Cost of acquisition of flat in hands of mother would be deemed to be cost of acquisition in hands of assessee-The cost of acquisition could not mean cost perceived by mother at time of receiving flat. [S. 45]
Saireddy Pruthviraj Reddy v. ITO (2022) 219 TTJ 252 / 217 DTR 36 / 145 taxmann.com 459 (Hyd)(Trib)S. 48 : Capital gains-Computation-Borrowings (ICDs) for acquisition of shares-Interest paid-Indexed interest cost-Added to the cost of acquisition. [S. 45]
Zuari Investments Ltd. v. ITO (2022) 209 DTR 313 / 215 TTJ 515 / 139 taxmann.com 92 (Delhi) (Trib)S. 45 : Capital gains-Registration of sale deed-Possession not handed over-Matter remanded to CIT(A). [S.2(47)(v)]
ACIT v. Amarjeet Singh (Decd.) (2022)95 ITR 62 (SN)(Delhi)(Trib)S. 45 : Capital gains-Business income-Mutual funds and shares-Rule Of Consistency followed-Assessing the income as business income was deleted. [Circular No. 6 of 2016, Dated 29-2-2016]
Steel Authority of India Employees’ Co-Operative Credit Society Ltd. v. ACIT (2022)96 ITR 599 (Kol)(Trib)S. 45 : Capital gains-Sale of shares-Long term capital gains-Survey-Penny stock-Denial of exemption is not valid. [S. 10(38), 56, 133A]
ITO v. Bimala Devi Singhania (Smt) (2022) 217 DTR 17 / 219 TTJ 229 / (2023) 146 taxmann.com 449 (Cuttack)(Trib). ITO v. Radheshyam Singhania 2022) 217 DTR 17 / 219 TTJ 229 / (2023) 146 taxmann.com 449 (Cuttack)(Trib).S. 45 : capital gains-Transferable development rights-Co-owned land-Cost of acquisitions-Assets having no cost of acquisition-Not chargeable as capital gains. [S. 2(14), 55, 56]
ITO v. Kirit Raojibhai Patel (2022) 217 TTJ 704 / 141 taxmann.com 172 (Mum)(Trib)S. 45 : Capital gains-Sale of shares-Cash credits-Penny stocks-Accommodation entries-Survey-Search-No fault was found in the documents submitted by the assessee-Sale proceeds cannot be assessed as undisclosed income-Reassessment was quashed. [S. 10(38) 68, 132, 133, 147, 148]
Sandipkumar Parsottambhai Patel v. ITO (2022) 217 TTJ 938 / 214 DTR 251 / 137 taxmann.com 373 (Surat)(Trib)S. 45 : Capital gains-Shares-Purchased through broker on recognised stock exchange-Sold through stock exchange-Paid Securities Transaction Tax-Denial of exemption is not justified. [S. 10(38)]
ITO v. Mamta Rajivkumar Agarwal (Smt.) (2022) 100 ITR 17 (SN)(Ahd.)(Trib.)S. 45 : Capital gains-Cost of acquisition-Value as on 1-4-1981-Departmental Valuation Officer adopting rate of Rs. 21 Per square metre average of three sale instances of land-Assessee adopting rate at Rs. 25.69 Per Square metre-Reasonable and accepted. S. 49]
Wagra Taluka Co-Operative Marketing and Processing Society Ltd. v. ITO (2022) 99 ITR 8 (SN) (Surat)(Trib.)