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
Click here to download the pdf versions of the Digest of case laws

S. 80IA : Industrial undertakings-Infrastructure development-loss of one eligible unit is not to be adjusted or set off against profit of another eligible unit-Captive power plant-Market value of power supplied by assessee to steel division should be computed considering rate of power charged by Chhattisgarh State Electricity Board for supply of electricity to industrial consumers.

DCIT v. Godawari Power & Ispat Ltd. (2022) 193 ITD 869 (Raipur)(Trib.)

S. 80GGC : Contribution-Political parties-Failure of done to use it for object for which eligible-No disallowance can be made in the hands of donor.

ACIT v. Armee Infotech (2022) 193 ITD 728 (Ahd.)(Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Sales accepted-Disallowance restricted to 12.5 % of aggregate value of alleged bogus purchases.

Kimaya Impex (P.) Ltd. v. ITO (2022) 193 ITD 710 (Mum.)(Trib.)

S. 68 : Cash credits-Share application money-Not furnished explanation about nature and source of credit-Addition is confirmed.

ITO v. Parsoli Motor Works (P.) Ltd. (2022) 193 ITD 585 (Ahd.)(Trib.)

S. 56 : Income from other sources-Fair market value of property-Purchase of property-Stamp valuation-Addition was not valid-Matter remanded. [S. 56(2)(vii)(b)(ii)]

Kiran R. Sawlani v. ITO(IT) (2022) 193 ITD 852 / 215 TTJ 654/ 210 DTR 17 (Mum.)(Trib.)

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.)