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-Share application money-Summons Issued twice returned unserved-Report of inspector that no companies existed at given address-Forfeiture of share application money in immediately succeeding year-Addition is held to be proper.
Dy. CIT v. Gogoal Hydro Pvt. Ltd. (2021) 89 ITR 65 (SN) (Delhi)(Trib.)
S. 68 : Cash credits-Loose sheets and data retrieved from mobile phones are not books of account-It may be assessed as business receipts and not as cash credits. [S. 2(12A)]
Ekta Housing Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 56 (Mum.)(Trib.)
S. 56 : Income from other source-When the Assessee has adopted DCF method, one of the methods prescribed by the Act to determine fair value, then the AO cannot discard the same and adopt other method-The matter was restored back to the file of AO for afresh decision. [S. 56(2)(vii)(b), R. 11UA]
TSI Yatra (P.) Ltd v. ACIT (2021) 209 TTJ 596 (Delhi)(Trib.)
S. 56 : Income from other sources-Not applicable where the sum has been received from non-resident-Addition was deleted. [S. 56(2)(viib), 68, Companies Act, 2013, S. 102]
Usekiwi Infolabs (P.) Limited v. ITO (2021) 209 TTJ 59 / 197 DTR 66 (Delhi)(Trib.)
S. 56 : Income from other sources-Money kept in capital reserve account was invested in shares-Entire transactions were only in capital field no incidence of tax. [S. 2(47), 45(3), 45(4), 56(2)(viia), 186]
ITO v. Shrilekha Business Consultancy Pvt. Ltd. (2021) 210 TTJ 34 / 202 DTR 361 (Hyd.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Purchased-Constructed-Completion of house within three years is not mandatory-Capital gains Account Scheme-Investment made till date for filing return u/s 139(4) is eligible for exemption. [S. 45, 54F(4), 139(4)]
Chandrakala Shashidhar (Smt.) v. ITO (2021) 89 ITR 67 (SN) (Bang.)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-Failure to follow the direction of CIT(A)-Assessing Officer is directed to give effect to the order of the CIT(A). [S. 45, 250, 254(1)]
Rita Chandiok v. ACIT (2021) 89 ITR 30 (SN) (Delhi)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-Allegation that the amount was withdrawn from sellers bank account-Reply by seller showing receipt of full sum-Denial of exemption was held to be not valid. [S. 45]
Atluri Padma (Smt.) v. ITO (2021) 89 ITR 26 (SN) (Vishakha) (Trib.)
S. 45 : Capital gains-Amalgamation-sale of shares prior to transfer of business by way of slump sale and amalgamation-scheme of amalgamation approved by High Court and shareholders-allegation of scheme of amalgamation as an afterthought without any basis-capital gains already offered for tax by the amalgamating company-same cannot be taxed again in the hands of amalgamated company.
ACIT v. Investment trust of India Ltd. (2021) 211 TTJ 777 (Chennai) (Trib.)
S. 45 : Capital gains-Consideration from sale of land as long term-Transfer of superstructure as short term capital gains-Deposit in specified Bank account and using it only for acquiring new asset Eligible for deduction-Not making claim in return-Appellate Authorities not barred from entertaining fresh claim. [S. 54F, 254(1)]
R. Venkata Dhana Lakshmi v. ITO (2021) 89 ITR 28 (SN) (Vishakha) (Trib.)