Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Prameela Parameshwar Shettigar (Smt.) v. ITO (2024) 115 ITR 6 (SN)(Bang) (Trib)

S. 69A : Unexplained money-Delay of 89 days in filing of appeal-condoned-Unexplained investments-Not filed the return-Disputed sale consideration-Addition made on wrong assumption of facts-Addition is deleted-Income not exceeding the maximum amount-Provision of section. 249(4) cannot be invoked. [S.115BBE, 147 148, 154]

Padam Sarup Goel v. ITO (2024) 115 ITR 68 (SN)(Delhi)(Trib)

S. 69A : Unexplained money-Cash deposits in bank-Demonetisation-Petrol pump-Cash flow chart-Addition is deleted.

ITO v. Shree Balaji Processors (2024)115 ITR 40 / 169 taxmann.com 220 (Chd)(Trib)

S. 69A : Unexplained money-Demonetisation-Cash deposit-Cash sales-Estimation of gross profit is not justified-Cash sales deposited cannot be assessed as cash credits-Rejection of books of account is justified-Appellate Tribunal-Duties-Precedent-Orders of non-Jurisdictional High Court is binding. [S. 68, 145(3), 254(1)]

ACIT v. Nisha Jain (2024)115 ITR 669 / [2025] 170 taxmann.com 550 (Jaipur)(Trib)

S. 69A : Unexplained money-Income from undisclosed sources-Survey-Admission-Demonetisation-Cash deposits in bank-Statement retracted-No incriminating material was found-Addition cannot be made merely on the basis of statement during the survey.[S.131, 133A, 143(3)

Kiran Pal Singh v. Dy. CIT (2024) 115 ITR 33 (SN)(Delhi)(Trib)

S. 69 : Unexplained investments-Purchase of mobile phone-Recorded in the books of account-Advance for purchase of car-Loose sheet-Dumb documents-Addition cannot be made-Purchase of goods recoded in the books of account-Addition is deleted-Unexplained jewellery-Matter remanded to Assessing Officer-Wedding expenditure-Addition is deleted-Expenses incurred for construction of residential house-Source explained and reflected in the nooks of account-Addition is deleted-Purchase of foreign currency-Explained the source of purchase-Addition is deleted. [S.69A, 69C, 131(IA), 132, 132(4A), 153C]

Kshetrapal Gold P. Ltd. v. ITO (2024) 115 ITR 85 (SN)(Ahd)(Trib)

S. 68 : Cash credits-Cash deposits-Demonetisation-Rejection of books of account without recording the satisfaction is not justified-Addition is deleted.[S. 145(3)

Golden Moment P. Ltd. v. ACIT (2024) 115 ITR 87 (SN)/(2025) 210 ITD 484 (Delhi)(Trib)

S. 68 : Cash credits-Unsecured loan-Proved identity of creditor, genuineness of transaction and creditworthiness of lender, confirmation filed, receipts through banking channels-Summons served-Lenders not responded-Addition is deleted. [S. 131]

Dy. CIT v. Sushil Tyagi (2024) 115 ITR 90 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Search and seizure-Unsecured loans-Established identity and creditworthiness of lenders and genuineness of transactions, transactions through banking Channels, sufficient funds, and assessed to tax-Un explained investment-Sufficient cash balance-Deletion of addition by CIT(A) is affirmed-Loan carried forward from earlier year-No addition can be made-Share application money-Arithmetic error-Deletion of addition is affirmed-Interest-Consequential-Interest under section 234C only on returned income and not assessed income. [S.69A, 132, 153A, 234A, 234B, 234C]

Kiran Pal Singh v. Dy. CIT (2024) 115 ITR 33 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Search-Third party-Unaccounted money Admitted by third party-Cross examination is not provided-Addition is deleted. [S. 132]

Chintpuri School v. Dy. CIT (2024) 115 ITR 17 (SN)(Amritsar)(Trib)

S. 68 : Cash credits-Un explained money-Cash deposit-Demonetisation-Addition cannot be made on suspicion-Addition is deleted-Business expenditure-Disallowance of expenses on estimate basis is disallowed. [S.37(1),115BBE]