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. 54 : Capital gains – Profit on sale of property used for residence – Date of possession should be taken as the date of purchase and not the date of registration [ S. 45 ]

Raj Easow v.ITO ( 2022)) BCAJ – April – P. 30 ( Mum) ( Trib)

S.43CA: Transfer of assets- other than capital assets- Full value of consideration- stock in trade-Agreement value – Stamp valuation – Allotment letter – Where allotment letters are issued and part payments are received prior to Ist April , 2013 – Provision of section 43CA does not apply – Difference less than 5% – Provision does not apply . [ S.50C ]

Spenta Enterprises v .PCIT ( 2022) BCAJ -March – P. 39 (Mum)( Trib)

S. 32 : Depreciation -Non- compete fee – Intangible assets – Right in personam and not right in rem – Not entitle to depreciation [ S. 32(1)(ii) ]

Sagar Ratna Restaurants Pvt Ltd v . ACIT ( 2022)( 2022) 195 ITD 88 ( Delhi)( Trib)

S. 32 : Depreciation -Non- compete fee – Intangible assets – Right in personam and not right in rem – Not entitle to depreciation [ S. 32(1)(ii) ]

Sagar Ratna Restaurants Pvt Ltd v . ACIT ( 2022) 195 ITD 88 / BCAJ – July -P. 79 ( Delhi)( Trib)

S. 24 : Income from house property – Deductions – Rent of furniture and fixtures etc- 30% deduction allowable as deduction- Reimbursement of member’s share of contribution for repairing the entire society building is held to be not taxable as it has no income element . [ S.4, 22, 24(a)]

Lewis Family Trust v.ITO ( 2022) BCAJ- February -P. 39 ( Mum)( Trib)

S. 10(38) : Long term capital gains from equities – Sale of shares – Taxable loss cannot be set off against income from tax under Chapter III- Short term capital loss arising on sale of shares cannot be set off against long term capital gains from sale of shares which are exempt u/s 10(38)- Revenue was not justified in disallowing assessee’s claim for carry forward of loss. [ S. 45 ]

Sikha Sanjay Sharma (Mrs ) v.DCIT (2022) 195 ITD 178 ( Ahd)( Trib)

S.69A: Unexplained money – Demonetization – AIR information -Amount deposited to bank from earlier withdrawals – Addition was deleted – Cash Deposits in Partnership Firm’s bank Account – Amount transferred to partner’s account as withdrawal from capital –Addition cannot be made in the hands of partner . [ S. 2(31)iv),133(6)] S.69A: Unexplained money – Demonetization – AIR information -Amount deposited to bank from earlier withdrawals – Addition was deleted – Cash Deposits in Partnership Firm’s bank Account – Amount transferred to partner’s account as withdrawal from capital –Addition cannot be made in the hands of partner . [ S. 2(31)iv),133(6)]

Ajit Bapu Satam v. Dy. CIT CIT (2022) 220 TTJ 153 / 218 DTR 119 / (2023) 147 taxmann.com 222 (Mum)(Trib.) www.itatonline .org

S. 11 : Property held for charitable purposes – Education – Study and promote the latest development in the filed of Architecture – Mere surplus arising as a result of charitable activities the Institution does not cease to be a charitable institution – Entitle to exemption. [ S. 2(15), 12A, Architect Act , 1872 ]

The Indian Institute of Architects v. ITO (Mum)( Trib) www.itatonline .org

S. 271G : Penalty-Documents-International transaction-Transfer pricing-Transactional Net Margin Method-Bifurcation of profits-Failure to furnish the details-Deletion of penalty is held to be valid. [S. 273B, R. 10D(1)]

ACIT v. DA Jhaveri (2022) 94 ITR 35 (SN) (Mum.)(Trib.)

S. 271BA : Penalty-Failure to furnish reports-International transaction-Transfer pricing-Reasonable cause-Penalty cancelled. [S. 92E, 273B]

Mahanagar Telephone Nigam Ltd. v. Dy.CIT (2022) 94 ITR 44 (SN) (Delhi)(Trib.)