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Dy. CIT v. K. T. Kunjumon (2019) 70 ITR 445 (Chennai) (Trib.)

S. 80IA : Industrial undertaking-Assessee running a cinema production house-Each new project for new film not be considered as reconstruction of business already in existence-Nothing on record to show that there was any transfer of used machinery or plant to a new business-Production of a cinema film would amount to manufacturing or processing of goods-Entitled to deduction.

ACIT v. Abad Exim Pvt. Ltd. (2019) 70 ITR 719 (Cochin )(Trib.)

S. 80HHC : Export business —Assessee’s claim confined to sale to export house —Export house not claiming deduction with regard to export of goods manufactured by assessee — Entitled to deduction.

Kotu Sarat Kumar v. DCIT (2019) 71 ITR 147 (Vishakha) (Trib.) Kotu Anasuya (Smt.) (Late) v. DCIT (2019) 71 ITR 147 (Vishakha) (Trib.)

S. 71 : Set off of loss-One head against income from another – Commercial expediency-Interest paid on borrowed funds which are used for business purpose is an allowable expenditure which can be set off against interest income and the resultant losses can be set off against other head of income. [S. 57(iii)]

Dinesh Goswami v. DY. CIT (2019) 70 ITR 580 (Indore)(Trib.)

S. 69A : Unexplained money-Assessee keeping money in locker and explaining that it was out of savings to perform his daughter’s marriage—Money in locker not taxable. [S. 132]

VBC Jewellery v. Dy. CIT (2019) 70 ITR 481 (Chennai) (Trib.)

S. 69 : Income from undisclosed sources-Bogus purchases-Assessee not producing material evidence of parties or intermediaries from whom it made purchases for verification-Addition on account of bogus purchases justified.

Dy.CIT v. Khurana Rolling Mills P. Ltd. (2019) 73 ITR 613 (Chd.)(Trib.) Dy.CIT v. Khurana Steels Ltd. (2019)73 ITR 613 (Chd.)(Trib.)

S. 69 : Unexplained investments-Income Surrendered during survey proceedings on account of undisclosed debtors is business income and not deemed income-assessee entitled to set off of business loss against such surrendered income. [S. 28(i), 69B, 133A]

SEL Manufacturing Co. Ltd. vs. DCIT (2019) 71 ITR 343/ (2020) 206 TTJ 937 (Chd.) (Trib.)

S. 68 : Cash credits-Public issue–Global depository receipts-Failure to produce bank statement of investors–Addition cannot be made. [S. 132]

Woodcraft Export Co. P. Ltd. v. ITO (2019) 70 ITR 436 (Delhi)(Trib.)

S. 68 : Cash credits-Share Application money-Assessee incorporated in preceding assessment year and receiving share application money in instant assessment year-No unaccounted money can be invested by assesse-investors examined on oath not subjected to cross-examination by assesse-Addition is held to be not justified-Creditor denying the outstanding balance–Addition is held to be justified.

ITO v. Mahesh Gobind Dalamal (2019) 70 ITR 599 (Mum.)(Trib.)

S. 54 : Capital gains-Purchase of residential property at Dubai-No condition that investment to be made in India during year 2014-15-Entitled to exemption. [S. 45]

Deepak Nagar v. ACIT (2019)73 ITR 74 (Delhi)(Trib.)

S. 45 : Capital gains-Penny stock–Capital gains cannot be assessed as cash credits-AO failed to bring on record any part of report wherein name of assessee or his broker been named–No action was taken by SEBI against the share broker or against the assessee-Entitled to exemption. [S. 10(38), 54F, 68]