III. Direct Tax Case law:
1. Shyamlal Tandon Vs. Income Tax Officer, IT Appeal No. 1774 (HYD.) OF 2012, Date of Order: 21.01.2014, ITAT-Hyderabad
Subsequent
change in usage of property does not disentitle assessee to relief
under section 54F, if what was acquired was originally a residential
property.
It was held
that notwithstanding the change in the user of a property, assessee is
entitled to relief under section 54F, if what was sought to be acquired
and originally acquired is a residential property. In that view of the
matter, the impugned order of the Commissioner (Appeals) was set aside,
and the matter restored to the file of the Assessing Officer, with a
direction to consider the assessee's claim for exemption under section
54F subject to fulfilment of other conditions, in accordance with law
and after giving reasonable opportunity of hearing to the assessee.
(Please click here for judgment)
2. Commissioner of Income Tax Vs. Motor Industries Co. Ltd.,
ITA No. 756 OF 2007, Date of Order: 14.02.2014, High Court of Karnataka
Whether
contribution made by assessee/employer towards benevolent fund created
in favour of employee is entitled to deduction under section 40A(9).
Held Yes
Judgement of
Division Bench in ITA No. 3 of 2002 followed, wherein for the reasons
recorded in paragraph-7 of the respective order answering the said
question in favour of the assessee and against the revenue.
(Please click here for judgment)
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