Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


T.B. Lulla Charitable Foundation v.CIT (E) (2024) 227 TTJ 858 / 236 DTR 61 / 162 taxmann.com 75 38 NYPTTJ 48 (Pune) (Trib)

S. 80G : Donation-Provisional registration-Time for filing application for regular registration-Words “or within six months of commencement of its activities, whichever is earlier”-The provisional approval is effective up to assessment year 2025-26-Directed to treat the application as filed within statutory and allow approval as per the law. [S.80G(5)]

Leelaben Kantilal Parekh v. ITO (2023) 37 NYPTTJ 1724 / (2024) 227 TTJ 257 (SMC) (Mum)(Trib)

S. 69C: Unexplained expenditure-Bogus purchases-Disallowance is restricted to 10 percent of alleged bogus purchases-Reassessment is valid-Sanction-Sanction granted by Principal CIT is valid.[S. 147, 148, 151]

Pramod Singla v. ACIT (2023) 37 NYPTTJ 1107 / (2024) 227 TTJ 438 (Chd) (Trib)

S. 69 :Unexplained investments Undisclosed sources-Survey-Stock-Additional income surrendered during survey-Income surrendered during the course of survey cannot be brought to tax under the deeming provisions of S 69 and 69A of the Act-Assessable as business income-Provision of section 115BBE cannot be applied. [S. 28(i), 69A, 115BBE, 133A]

Hersh Washesher Chadha v. ACIT (IT) (2023) 37 NYPTTJ 1643 /(2024) 227 TTJ 137 / 233 DTR 121 (Delhi)(Trib)

S. 69A : Unexplained money-Deposits-Bank account-Non-Resident-Demonetisation-Amount received on cancellation of reservation of hotel booking-Addition is deleted.

K.P. Johny v.ACIT (2023) 157 taxmann.com 31 /37 NYPTTJ 1636 (2024) 227 TTJ 305 / 235 DTR 85 (Cochin)(Trib)

S. 69 :Unexplained investments-Cash deposits-Investment in company is not explained-Investment is property-Not substantiated-Addition is affirmed-Sale of shares-Less than fair market value-Income from other sources-Difference in market value is taxed-Deduction is allowed to the extent addition confirmed of unexplained bank deposits. [S. 45, 56(2)(vii)(c)]

ITO v. Rajshree Integrated Cold Chain (P) Ltd. (2024) 227 TTJ 513 / 38 NYPTTJ 20 (Kol)(Trib)

S. 68 : Cash credits-Share application-Substantial creditworthiness-Mere non-appearance of directors addition is not justified.

Anirudh Venkata Ragi v.ITO [2023] 156 taxmann.com 608 /(2024) 227 TTJ 333 / 233 DTR 201 (Hyd)(Trib)

S. 68 : Cash credits-Capital gains-Penny stock-Information from Investigation Wing-Purchase of shares of LLDP Ltd at Rs. 6 per share-Sold at Rs 283 per share after 19 months-Non genuine-Exemption denied-Assessed as income from undisclosed source. [S. 10(38) 45, 69]

Idana Pet Industries (P) Ltd. v. ITO (2023) 37 NYPTTJ 1672 / (2024) 227 TTJ 887 / 234 DTR 73 (Jodhpur)(Trib)

S. 56 : Income from other sources-Shares at premium-DCF method-Assessing Officer cannot choose the method of his choice-Addition is deleted. [S.56(2)(viib), R.11UA]

ACIT v. Iqbal Ali Khan (2024) 227 TTJ 730 / 239 DTR 233 / 38 NYPTTJ 50/ 158 taxmann.com 377 (Hyd) (Trib)

S. 54F : Capital gains-Investment in a residential house-Investment in non-residential property-Mosque, Orphanage School and Staff quarters-Not entitle to deduction-No pro rata deduction is permissible.[S. 45]

Abdul Rahim Suleman Ghaswala v. Dy.CIT (2024) 227 TTJ 392 / 233 DTR 297 / 38 NYPTTJ 12 (Mum) (Trib)

S.54F : Capital gains-Investment in a residential house-Jointly owning 16-67% rights in six flats-Own does not include partly owned-Exemption cannot be denied [S. 32, 45]