Author: ksalegal

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DCIT v. KPMG Advisory Services (P.) Ltd. (2018) 168 ITD 34 (Mum) (Trib.)

S. 69A : Unexplained moneys –Professional services – Only on the basis of AIR information without conducting any further enquiry addition cannot be made . Matter remanded . [ S. 133(6) ]

Nawaz Singhania (Mrs.) v. DCIT (2018) 168 ITD 478/ 162 DTR 137/ 191 TTJ 650 (Mum) (Trib.)

S.69A: Un explained moneys- Gross weight of jewellery disclosed in regular returns was in excess of gross weight of jewellery found in search, no seizure/addition was permissible. [ S. 132 ]

DCIT v. Growmore Leasing & Investment Ltd. (2018) 168 ITD 1 (Mum) (Trib.)

S. 69 : Unexplained investments – Investment in shares and bonds – Addition was deleted as the alleged information was not made available to the assesse.

Ambrish Manoj Dhupelia. v. DCIT (2018 ) 168 ITD 407 ( SMC) (Mum) (Trib.)

S. 69 :Unexplained investments -Foreign Bank deposits – Information was received from Central Board of Direct Taxes that assessee was beneficiary of a trust in foreign Country, having account in LGT Bank, Liechtenstein, Germany -Addition was held to be justified .

Prabhatam Investment Pvt. Ltd. v. ACIT (2018) 61 ITR 352 (Delhi) (Trib) Prabhatam Buildtech Ltd. v. ACIT (2018) 61 ITR 352 (Delhi) (Trib) Prabhatam Build well Pvt. Ltd. v. ACIT (2018) 61 ITR 352 (Delhi) (Trib)

S. 68 : Cash credits -Share application money —Failure by AO to make inquiry on documentary evidence produced by assessee, deletion of addition was held to be justified [ S. 133(6),153A ]

ACIT v. TRN Energy Pvt. Ltd.( Delhi)(Trib) ; www.itatonline.org

S. 68: Cash credits- Share application money – Addition cannot be made as cash credits unless the AO does not make any investigation on the documentary evidence filed by the assessee or asking for production of the investors .[ S. 131 ]

Cornerstone Property Investments Pvt. Ltd. v. ITO ( 2018) 193 TTJ 58/( 2019) 70 ITR 693 (Bang)(Trib) , www.itatonline.org

S. 68: Cash credits- Share premium can be assessed as undisclosed income if directors are allotted the shares at par and other at premium without any justification .Addition was held to be justified .Issue of second notice for reassessment was held to be valid [ S.69, 147, 148 ]

Umbrella Project Pvt. Ltd. v. ITO (Delhi)(Trib) , www.itatonline.org

S. 68 : Cash credits –Share capital-Share holders did not respond to summons can not be the basis to treat the share capital as bogus .[S.133(6)]

Shaan Construction P. Ltd. v. ITO(Delhi)(Trib) , www.itatonline.org

S. 68: Cash credits –Share capital- Shell companies – Accommodation entries were routed through shell companies hence addition was held to be justified .[ S. 131,133(6) ]

Amita Bansal (Ms.) v. CIT (2018) 400 ITR 324 (All) (HC)

S. 68: Cash credits- Long term capital gains- Evidence of contract and payment through Banks- Addition cannot be made solely on the basis that late recording in Demat Pass book- Order of Tribunal set aside [ S.45 ]