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. 56 : Income from other sources-Purchase of land-less than stamp duty value-Not producing details of share-Difference between stamp duty and purchase value rightly added to income. [S. 56 (2)(vii)(b)]
Pavan Anil Bakeri v. Dy. CIT (2022)98 ITR 71 (SN) (Ahd) (Trib)
S. 55 : Capital gains-Cost of improvement-Cost of acquisition-FMV as on 1-4-1981-Land situated in more appropriate location as compared to sale instance considered by DVO-FMV at Rs 607 per square meter for indexed cost of acquisition.[S. 45]
Dharmendra B. Patel v. Dy. CIT (2022)98 ITR 268 (Surat) (Trib)
S. 54F : Capital gains-Investment in a residential house-Sale of agricultural land and two flats-Purchase of plot for construction-Not entitle to exemption. [S. 45]
Bhag Chand Jain Through L/R Vikrant Kumar Jam v. Dy. CIT (2022) 220 DTR 129 / 220 TTJ 1139 / (2023)199 ITD 241 / 147 taxmann.com 170 (Jabalpur)(Trib)
S. 54F : Capital gains-Investment in a residential house-Purchase of office premises-Not residential premises-Not entitle exemption-Different survey number-Compromise deed-No connection with transfer-Not allowable as deduction [S.45, 48]
Arun Keshavrao Narwade (HUF) v. ITO (2022) 95 ITR 53 (SN) (Pune) (Trib)
S. 54F : Capital gains-Investment in a residential house-Joint property-Factually incorrect finding-Matter remanded [S.45, 133(6)]
Munni Devi Agarwal (Smt.) v. ITO (2022) 99 ITR 177 (Jaipur) (Trib)
S. 54B : Capital gains-Land used for agricultural purposes-Acquisition by Government-Compensation-Offering capital gains to tax under mistaken belief-Addition denying the exemption was deleted. [S. 2(14)(iii)(b), 10(37), 139(1)]
Kishor Ganpatrao Karande v. ITO (2022)100 ITR 67 (SN)(Pune) (Trib)
S. 54B : Capital gains-Land used for agricultural purposes-Agricultural Land-Purchase of agricultural land in same year-Order of CIT(A) allowing the deduction was affirmed. [S. 45]
ITO v. Babita Gupta (2022)100 ITR 252 (Delhi)(Trib)
S. 54 : Capital gains-Profit on sale of property used for residence-Purchase of residential unit in name of assessee’s wife-Not entitled to exemption. [S. 45]
Jayawant Gajanan Sutar v. ITO (2022) 96 ITR 3 (SN) (Pune) (Trib)
S. 54 : Capital gains-Profit on sale of property used for residence-Possession more than three years-Documents showing rental income not verified by department-Matter remanded [S. 45]
Mohd. Shakeel Quadri and v. ITO (2022)97 ITR 52 (SN)(Hyd)(Trib) Mohd. Layeeq v. ITO (2022) 97 ITR 52 (SN)(Hyd)(Trib)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Department Valuation-Objection of assessee was not considered-Matter remanded. [S. 45]
Ushaben Ambalal Oza v. ITO (2022)96 ITR 46 (SN)(Ahd) (Trib)