Month: March 2020

Archive for March, 2020


ITO v. Western Imaginary Transcon Private Ltd. (2019) 75 ITR 402 (Mum.)(Trib.)

S. 68 : Cash Credit–Share application money–Burden of Proof-Identity, Creditworthiness and Genuineness of the Transactions on the Assessee–Mere submission of details not sufficient–Failed to discharge the burden–Addition is held to be justified-Bogus Purchases-Assessee failed to produced parties–Notice returned unserved–No documentation–Transportation and consumption– Addition is held to be justified. [S. 69]

ITO v. Paras Surti Products Pvt. Ltd. (2019) 75 ITR 137 (Kol.) (Trib.)

S. 68 Cash Credits–Share Application money–Identity and Creditworthiness of the share applicant-Genuineness of the transactions-Burden of Proof–Initial onus on assessee– Discharged-Onus shift to Revenue–Addition based on suspicion is held to be invalid.

Agson Global Pvt. Ltd. V. ACIT (2019) 76 ITR 504 (Delhi)(Trib.)

S. 68 : Cash credits-Cash deposits-Demonetization-AO acting unreasonably and capriciously in rejecting genuine explanations offered by assessee in respect of cash deposits as unsatisfactory-Additions is unsustainable. [S. 115BBE]

India Convention and Culture Centre Pvt. Ltd. v. ITO (2019) 75 ITR 538 / 111 Taxmann.com 252 (Delhi)(Trib.)

S. 56 : Income from other sources–Share premium-Valuation of shares-Fair Market Value–Valuation considers various factors and not only balance sheet–Rejection of evidence is held to be not valid. [S. 56(2)(viib), R11UA]

Unnati Inorganics (P) Ltd. v. ITO (2019) 183 DTR 333 / 202 TTJ 347 (Ahd.)(Trib.)

S. 56 : Income from other sources-Issue of shares at premium-Provisions require the value of assets to be at FMV regardless of the book entries–Valuation of share premium on issue of unquoted equity shares by closely held company basis such FMV justified. [S. 56(2)(viib)]

ITO v. Bongu Janardhan Rao (2019)75 ITR 214 (Hyd.)(Trib.)

S. 54F : Capital Gain–Hindu Undivided Family (HUF)-Property purchased in the name of individual for convenience–Part of the common pool–Protected assessment attains finality-Same income cannot be taxed twice again.

Anil Vijay v. ITO (2019)76 ITR 315 (Jaipur)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Assessee Incurring Expenditure within stipulated period and constructing house incurring cost of construction-Rejection of claim without enquiry to verify actual cost of construction and period of construction of house is not justified. [S. 45]

ACIT v. Ramani Joseph (Smt.) (2019) 179 DTR 338 / 200 TTJ 522 (Chennai)(Trib.)

S. 54F : Capital gains-Investment in a residential house– Deduction under 54 and 54F can be claimed on the sale of one property. [S. 45, 54]

Vijay Kumar Patni v. ITO (2019) 73 ITR 36 / 201 TTJ 885 / 181 DTR 1 (Jaipur)(Trib.)

S. 50C : Capital gains–Full value of consideration–Stamp valuation –FMV to be determined based on prevailing rate in the area as well as comparable sale instances–Matter remanded [S. 45]

Peerless General Finance and Investment Co. Ltd. v. DCIT (2019) 76 ITR 356 (Kol.)(Trib.)

S. 48 : Capital gains-Computation-Cost of acquisition-Indexation benefit on debt instruments-Government securities different from bond and debenture for purpose of third proviso to S.48-Benefit of indexation should be granted to assessee on redemption of government securities. [Public Debt Act, 1944. S. 2(a)(i)]