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-Share capital at premium-Discount cash flow method (DCF)-Net asset method (NAV)-AO could not adopt NAV method merely for reason that there was deviation in actual figures from projected figures shown in DCF method-Deletion of addition is affirmed. [S. 56(2)viib), R. 11U, 11UA]
Dy. CIT v. Credtalpha Alternative Investment Advisors (P.) Ltd. (2022) 193 ITD 502 / 94 ITR 596 / 215 TTJ 801 / 210 DTR 100 (Mum.)(Trib.)
S. 55A : Capital gains-Reference to valuation officer-Prior to 1-7-2012, no reference to DVO could be made under section 55A where AO was of view that FMV of property as on 1-4-1981 was less than value declared by assessee. [S. 45]
Peninsula Land Ltd. v. DCIT (2022) 193 ITD 366 (Mum.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Residential house-Purchase of residential property on first floor of a complex having shops constructed on ground floor-Entitle to exemption. [S. 45]
Ashok Kukreja v. ITO (2022) 193 ITD 888 (Indore)(Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Guidance value to be taken on the agreement for sale and not on the date of Registration-Proviso to section 50C(1) inserted by Finance Act, 2016 is retrospective. [S. 45]
Bellandur Chikkagurappa Jayaramareddy v. ACIT (2022) 193 ITD 757 / (2023) 223 TTJ 827(Bang.)(Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Reference to DVO-Where the reference is made DVO the Assessing Officer completed the assessment adopting deemed sale consideration before receipt of valuation report by DVO-Matter remanded-For purpose of computing exemption under section 54F, deeming fiction provided under section 50C could not be enlarged. [S. 45, 48, 54F]
Baskarababu Usha (Mrs.) v. ITO (2022) 193 ITD 573 (Chennai) (Trib.)
S. 48 : Capital gains-Computation-Amount paid for removing encumbrance to a property without which sale or transfer could not be effected, is allowable as deduction. [S. 48(1)]
Mahesh Pratapsingh Asher v. ACIT (2022) 193 ITD 336 (Mum.) (Trib.)
S. 45 : Capital gains-Transfer-Joint development agreement-Neither any consideration received nor handed over possession of immoveable property during relevant assessment year-Not liable too be assessed as capital gain. [S. 2(47)(v), 45(2), Transfer of Property Act, 1882 S. 53A]
DCIT v. Nagam Suguna (2022) 193 ITD 436 (Hyd.)(Trib.)
S. 45 : Capital gains-Short term-Transfer-Joint Development Agreement (JDA)-Construction of an apartment project-Merely a license for developer to enter property-Provisions of section 53A of Transfer of Property Act and provisions of section 2(47)(v) would not be applicable to JDA-Not liable to capital gains tax-Failure to file JDA agreement-Reassessment notice is valid. [S. 2(47)(v)), 147, 148, Transfer of Property Act, 1882, S. 53A]
Anugraha Shelters (P.) Ltd. v. DCIT (2022) 193 ITD 119 (Bang.) (Trib.)
S. 44BB : Mineral oils-Computation-Contract with ONGC for replacement of well fire shut down panels at offshore platform on a turnkey basis-Amounts were remitted directly to UAE by ONGC-DRP erred in apportioning 10 per cent of gross receipts as taxable income-Section 44BB did not override provisions of section 5 of the Act-DTAA-India-USA. [S. 5, 9(1)(i), Art. 5, 7]
Petronash FZE v. ADIT(IT) (2022) 193 ITD 846 (Dehradun) (Trib.)
S. 44BB : Mineral oils-Non-Resident-Computation-Service tax being statutory levy should not form part of gross receipts.
DCIT (IT) v. Deepwater Pacific 1 Inc. (2022) 193 ITD 11 (Dehradun)(Trib.)