Month: March 2020

Archive for March, 2020


Kamaljit Vij v. ITO (2019) 175 DTR 257 / 198 TTJ 299 (Asr.)(Trib.)

S. 69 : Unexplained investments–Cash transactions in bank accounts- Source of cash deposits–failed to explain source–Addition is held to be justified. [S. 131(1)]

ACIT v. Sabari Millennium Impex (P.) Ltd. (2019) 75 ITR 119 (Cochin.)(Trib.)

S. 68 : Cash credits-Addition on basis of statement of person who retracted it later-No opportunity of cross-examination given to assessee-Neither Assessing Officer nor Investigating Authorities bringing on record any incriminating documents to suggest assessee holding unaccounted income brought back as loans and advances-No unexplained credits in hands of assessee.

Radius Industries v. ACIT (2019) 75 ITR 547 (Delhi )(Trib.)

S. 68 : Cash credits-Unsecured loan received substantiated by substantial documentary evidence-No proof by AO that loan emanated from coffers of assessee-Lenders corporate entities assessed to tax, making unsecured loans through banking channels-Complete details and evidence of lenders submitted by assessee-Addition is deleted. [S. 133(6)]

ACIT v. Sabari Switch Gear (P.) Ltd. (2019) 75 ITR 119 (Cochin)(Trib.)

S. 68 : Cash Credits-Addition on basis of statement of person who retracted it later-No opportunity of cross-examination given to assessee-Neither Assessing Officer nor Investigating Authorities bringing on record any incriminating documents to suggest assessee holding unaccounted income brought back as loans and advances-Mere suspicion cannot be reason for making additions-It cannot replace the evidence on record placed by assessee supporting its explanation.

Asha Gandhi (Smt.) v. ITO (2019) 75 ITR 36 (Chd.)(Trib.)

S. 68 : Cash Credits-Assessee set up her own sewing machines in her home and gave contract to tailor–Received orders from customers and tailor stitching the cloth-Assessee and tailor sharing the receipts in ratio of 35 : 65-Assessee’s offer to demonstrate her claim on test check basis declined-Cash book and vouchers of day not examined-AO directed to verify sums reflected by assessee as her income of a specific day is 35 per cent. of sum total of receipts of vouchers of specific date.

Asha Sanghavi (Smt.) v. ITO (2019) 76 ITR 17 (SN) (Vishakha)(Trib.)

S. 68 : Cash credit–Bank statement–Books of account-credit in bank statement not credited in books of account, no cash deposits recorded in books of account-Transactions outside books of account- Addition as cash credit is held to be not justified.

Dy. CIT v. Arvind N. Nopany (2019) 174 DTR 313 (Ahd.)(Trib.)

S. 56 : Income from other sources–Definition of relative–Includes Adopted child – “blood relative” is not mandatory. [S. 56(2)(vi)]

Gurdev Singh v. ITO (2019) 177 DTR 267 / 199 TTJ 535 (Asr.)(Trib.)

S. 56 : Income from other sources-Immovable property-Power of attorney executed in assesses favour-Assessee transferred full rights in respect of a plot without any consideration–Power of attorney was executed to maintain the property–N o transfer of property. [S. 56(2)(vii)(b)]

Abodh Borar v. ITO (2019) 76 ITR 30 (SN) (Delhi)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Developer failed to delivered possession-Delay in construction is not attributable to the assessee-Entitled to exemption. [S. 45]

Dr. Anjanaiah v. ACIT (2019) 75 ITR 315 (Bang.)(Trib.)

S. 54 : Capital gains-Investment in a residential house-Assessee constructing nursing home and residential house on land purchased from sale proceeds-Exemption not available in respect of entire land but only on portion of land on which residential house constructed and appurtenant thereto-Authorities failing to compute vacant land appurtenant to residential house-Assessing officer to consider all these aspects for purpose of computing exemption-Assessee entitled to benefit of indexation.[S. 45]