Author: ksalegal

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Dy. CIT v. Kotu Sarat Kumar (2019) 71 ITR 147 (Vishakha)(Trib.)

S. 69 : Unexplained investments–Search and seizure–Gold and silver ornaments-Found in premises of assessee belonging to assessee’s wife and his mother – Gold and silver ornaments inherited-Addition cannot be made.

Dy. CIT v. Kotu Sarat Kumar (2019) 71 ITR 147 (Vishakha)(Trib.)

S. 69 : Unexplained investments-loose sheet found during search not in handwriting of assessee or of any of family members-No statement recorded from author of loose sheet regarding contents and no enquiries conducted with buyer of flat-Addition is held to be not valid. [S. 132]

Dy.CIT v. HSM Steels P. Ltd. (2019) 70 ITR 47 (SN) (Hyd.)(Trib.)

S. 68 : Cash credits-Share premium —Share applicants proved their creditworthiness and source of funds for investing – Addition is held to be not valid.

Lalithaa Jewellery Mart (P.) Ltd. ACIT (2019) 178 ITD 503 (Chenni)(Trib.)

S. 68 : Cash credit-Share premium-Addition made merely on basis of statement of a person recorded u/s.131 by DIT (Invt.) and there was no any other evidence on record-Addition is held to be not justified. [S. 131]

Dy. CIT v. Pumarth Commodities P. Ltd. (2019) 69 ITR 52 (SN) (Indore)(Trib.)

S. 68 : Cash credit-Impounding of documents found during search-Satisfactory explanation is furnished–Addition cannot be made. [S. 132, 153A]

Baljit Singh. V. ITO (2019) 178 ITD 12 (Chd.)(Trib.)

S. 68 : Cash credits-Bank deposits-Funds withdrawn from bank four months ago for purchase of a property but due to non-materialised of property transaction, money was re-deposited in bank account, addition cannot be as cash credits.

Cinestaan Entertainment (P) Ltd. v. ITO (2019) 180 DTR 65 / 200 TTJ 459 ( Delhi)(Trib.) Editorial : Affirmed in PCIT v. Cinestaan Entertainment Pvt. Ltd. (2021) 433 ITR 82/ 199 DTR 345/ 320 CTR 381 (Delhi) (HC)

S. 56 : Income from other sources–Shares issued at premium-DCF method-Commercial expediency has to be seen from point of view of businessman – Addition is held to be not justified. [R. 11UA(2)]

Global Entropolis (Vizag)(P.) Ltd. v. ACIT (2019) 178 ITD 179/ 202 TTJ 384/ 183 DTR 297 (Bang.)(Trib.)

S. 56 : Income from other sources-Interest income–Bank deposits-Assessable as income from other sources and not as income from business [S. 28(i)]

Edulink (P.) Ltd. v. ITO (2019) 178 ITD 174 (Bang.)(Trib. )

S. 56 : Income from other sources-Share Premium-Share application money received from non-residents-Provisions of S.56(2)(viib) is not applicable – Additions cannot be made as cash credits. [S. 56(2)(viib), 68]

DCIT v. Mamta Bhandari. (Smt.) (2019) 178 ITD 89 (Delhi)(Trib.)

S. 56 : Income from other sources-Bonus shares-Provisions of S. 56(2)(vii)(c) would not apply to bonus shares. [S. 56(2)(vii)(c)]