Author: ksalegal

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Hiranandani Health Care (P) Ltd. v. CIT(A)(2023) 225 TTJ 397 /157 taxmann.com 551 (Mum)(Trib)

S. 79 : Carry forward and set off losses-Change in share holdings-Companies which public are not substantial interested-Beneficially held more than 51 per cent of voting powers in both the years-The year in which the loss is incurred and the year in which the loss is sought to be set off-Share holding of one share holder is increased from 40 percent to 85 percent-Set off of brought forward losses is allowable.

Dy. CIT v. Rajnikant Prabhudas Mandavia (2023) 157 taxmann.com 316 / 226 TTJ 778 (Ahd)(Trib.)

S. 69C : Unexplained expenditure-Survey-Loose papers-Cash expenses-Unexplained receipts and expenditure-Order of CIT(A) is affirmed. [ S. 133A]

Dy.CIT v. Shailesh Jivalal Jogani (2023) 225 TTJ 712 (Mum)(Trib)

S. 69A : Unexplained money-Sale of land-Share holders-Unaccounted cash-Addition is deleted.

Hemant Pandya v. ITO(2023) 224 TTJ 610 (Indore)(Trib)

S. 69 : Unexplained investments-Income from undisclosed sources-Gift-Father and mother-Affidavits-Accepted as genuine-Gift from grand mother-Failure to produce evidence-Addition is affirmed. [ S.68]

ACIT v. Meerut Roller Flour Mills (P) Ltd (2023) 225 TTJ 75 (UO)/ 157 taxmann.com 463 (Delhi)(Trib)

S. 69 : Unexplained investments-Genuineness of purchases-Parties have not filed the return-No confirmation from the books of account of those parties-Addition is affirmed.

Harish Kumar Chhabada v. Dy. CIT (2023) 225 TTJ 26 (UO) (Raipur)(Trib)

S. 69 : Unexplained investments-Cash deposits-Sale of unbranded electric items-Profit is estimated at 10% on alleged unaccounted business.

ITO v. Rutuja Ispat (P) Ltd (2023) 225 TTJ 1000 (Pune)(Trib)

S. 69 : Unexplained investments-Unrecorded sales-Only gross profit is estimated-Cash deposited in banks-When profit is estimated further addition is deleted-Reassessment is held to be valid. [ S. 147, 148]

Dy.CIT v. Bawa Jewellers (P) Ltd (2023) 224 TTJ 705 (Delhi)(Trib)

S. 68 : Cash credits-Cash deposited in bank account-Demonetisation-Manufacture of gold and diamond jewellery-Currency notes-No defects in the books of account-Deletion of addition is affirmed. [ S. 145]

Dy.CIT v. Devi Iron & Power (P) Ltd (2023) 224 TTJ 59 (Raipur)(Trib)

S. 68 : Cash credits-Share application-Proved identity and capacity of the investors-Addition is deleted.

ACIT v. Rukhana Enterprises (2023) 224 TTJ 29 (UO) (Mum)(Trib)

S. 68 : Cash credits-Search and Seizure-Remand report-Copies of balance sheets acknowledgement of documents of lenders such as IT return bank statements PAN card etc-Addition made without giving an opportunity of cross examination is deleted. [ S. 131]