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. 68 : Cash credits-Nature and source fund in a notebook pertaining business concern-Addition cannot be assessed as undisclosed income Tax liability cannot be computed under section 115BBE of the Act. [S. 115BBE]
Harish Sharma v. ITO (2021) 207 DTR 475 (Chd.)(Trib.)
S. 57 : Income from other sources-Deductions-Interest-Chartered Accountant-Borrowing sum from firm in which he was partner paying interest and advancing sum to unrelated party at lower interest-Assessing Officer disallowing difference between interest earned and interest paid-Order is affirmed. [S. 56, 57(iii)]
Mukul Gupta v. ITO (2021) 91 ITR 32 (SMC) (SN) (Delhi)(Trib.)
S. 56 : Income from other sources-Assessing Officer cannot ignore valuation report-Addition on presumptions and surmises-Addition was deleted. [S. 56(2)(viib), R. 11UA]
Brash Steels Pvt. Ltd. v. ITO (2021) 91 ITR 19 (Delhi)(Trib.)
S. 56 : Income from other sources-Valuation of shares-DCF method-Assessing Officer cannot change the valuation under net asset value-Order of CIT(A) deleting the addition was affirmed. [S. 56(2)(viib), R. 11UA]
Dy. CIT v. Avigna Housing (P) Ltd. (2021) 209 TTJ 9 (UO) (Chennai) (Trib.)
S. 56 : Income from other sources-Land acquisition-Interest on compensation exempt under section 96 of the Act-Not taxable under section 56(2)(vii) of the Act. [S. 10(37). 56(2)(viii), 145A(b), RFCTLAAR Act, 2013, S. 93]
ACIT v. SV Global Mill Ltd. (2021) 61 CCH 0466 / 213 TTJ 232/(2022) 212 DTR 265 (Chennai)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Joint property-Matter remanded. [S. 45]
Ganga Poorna Prasad v. ACIT (2021) 91 ITR 62 (SN) (Bang.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Amount not deposited in a sperate capital gains account before due date of filing of return-Capital gain invested for acquiring another property with in specified u/s 54F of the Act-Entitle to exemption. [S. 45, 139(1)]
Dipal Sureshbhai Patel v. ITO (2021) 211 TTJ 30 (UO) (Ahd.)(Trib.)
S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade-All sales is recognised and taxed in the holding company-Addition cannot be made in the assessee. [S. 2(47), 45]
ITO v. Kidderpore Holdings Ltd. (2021) 213 TTJ 6 / 197 DTR 8 (Mum.)(Trib.)
S. 45 : Capital gains: Transfer of shares of Indian Company to non-resident-Sale consideration as per sale purchase agreement to be adopted-Conversion rate as per 11UA to be adopted-Matter remanded. [S.48, Rule 11UA]
Sumitomo Corporation v. DCIT(IT) (2021) 213 TTJ 137 (Delhi)(Trib.)
S. 45 : Capital gains-Sale consideration-Valuation determined in respect of both the properties works out to less than 10% of the actual sale consideration as declared by the assessee-AO was directed to accept the sale consideration as declared by the assessee as per the two registered sale deeds. [S. 48, 50C]
Banwari Lal Sharma v. ITO, (2021) 62 CCH 0504 / 213 TTJ 307 (Jaipur)(Trib.)