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. 195 :Deduction at source – Non-resident – Purchase of property- Payee filed the return of income and disclosed the consideration in their respective returns and paid the taxes – Proviso to section 201(1) inserted by the Finance( No. 2) Act , 2019 is retrospective as it removes statutory over sums paid to non-residents [ S. 201 (1), 201(IA) ]
Shree Balaji Concepts v. ITO (IT) (2022) 195 ITD 632 (Panaji)( Trib)
S.145 :Method of accounting – Construction business – Business income -Percent completion project – Cost of project – Income from TDR- SRA project – TDR is inextricably linked to the project – Cost of building has to be deducted against sale of TDR -Matter remanded [ S. 28(1)]
DBS Reality v.ACIT ( 2022) BCAJ- February -P. 40 ( Mum)( Trib)
S. 143(1)(a) : Assessment – Intimation – Any sum received from employees –Adjustment made without giving an intimation is held to be bad in law [ S. 36(1)(va), 43B ]
Arham Pumps v.DCIT ( 2022) 195 ITD 679 /BCAJ – June – P. 42 ( Ahd)( Trib)
S. 140 : Return by whom to be signed – Company – Appeal filed was verified by General Manager of assessee-company who did not hold a valid Power of Attorney-, Appeal was dismissed in limine [ S. 140(c), 253(6) , Rule 45(3) 47(1), ITAT R. 11. ]
Bangalore Electricity Supply Co. Ltd v.DCIT( 2022) 195 ITD 188 (Bang )( Trib)
S. 68 : Cash credits – NRI – Gifts from relatives – Cash deposited in bank – There is no prohibition for the NRI for accepting gifts from relatives – Addition was deleted [ S. 131 , 133(6) ]
Atul H Patel v.ITO ( 2022) 195 ITD 297 / BCAJ -July – P. 79 (Ahd)( Trib)
S. 64 : Clubbing of income – Spouse – Rent paid to wife – Investment in the House property by wife from her own source and loan from Bank – Source of fund established clubbing provision do not apply – There is no legal bar for paying house rent to wife [ S. 10(13A), 24, 64(1)(ii) ]
Abhay Kumar Mittal v.DCIT ( 2022) BCAJ- April – P. 31 ( Delhi)( Trib)
S. 56 : Income from other sources – Flat booked under construction was not constructed – Alternative flat was allotted in another building which was under construction- Difference between stamp duty value of the alternative flat and the consideration is not chargeable to tax u/s 56(2)(vii ) of the Act . [ S. 2(27), 54, 56(2)(vii) ]
ITO v. Sanika Avadhoot (Mrs ) ( 2022) BCAJ -August -P. 66 ( Mum)( Trib)
S. 56 : Income from other sources – Joint venture agreement – Shares issued to resident venture and non- resident venture at a differential price – DCF method – Valuation given by expert cannot be rejected – Addition is not valid [ S. 56(2)(viib) , R.11UA ]
DCIT v. Mais India Medical Devices (P)( Ltd ( 2022) 195 ITD 94 ( Delhi ) ( Trib)
S. 56 : Income from other sources -Bonus shares – Provisions of section 56(2)(vii)(c) were not applicable to bonus shares [ S. 56(2)(vii)( c) ]
JCIT v. Bhanu Chopra (2022) 140 taxmann.com 194 (Delhi) ( Trib)
S. 56 : Income from other sources – Advance received for purchase of property – Cannot be held as without consideration – Deletion of addition is held to be justified [ S. 56(2)(vi) , 68 ]
ITO v. Hajeebu Venkata Seeta ( 2022) BCAJ – March -P. 39( Hyd )( Trib)