Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Par Excellence Leasing and Financial Services (P.) Ltd. v. ACIT (2020) 181 ITD 437/ 195 DTR 129/ 207 TTJ 1133 (Delhi) (Trib.)

S. 68 : Cash credits -Share capital – Companies never existed in given addresses- Fictitious and bogus companies- Addition is held to be justified . [ S. 153A , 153C ]

Pabitra Mohan Samal v. ITO (2020) 181 ITD 391 (Cuttack) (Trib.)

S.68: Cash credits – Bank deposits -Produced all relevant documents- Merely because assessee had not filed an application to file such additional evidence before CIT (A) such additional documents could not be rejected. [ S.251 ]

ITO v. Commitment Financial Services (P.) Ltd. (2020) 181 ITD 682 / 113 taxmann.com 565 (Delhi) (Trib)

S.68: Cash credits -Share capital- Furnished details of bank account, PAN, ITRs and financials etc. of share applicants- In response to notice issued under S. 133(6), share applicants had confirmed investment made by them along with source of their investment- Mere non-production of directors, without bringing any contrary material on record -Addition is held to be not valid .[ S.133(6 ) ]

Anoop Jain. v. ACIT (2020) 181 ITD 218 /186 DTR 57/ 203 TTJ 552 (Delhi) (Trib.)

S. 68 : Cash credits – Long term capital gain- Sale of shares- investor in many years – Addition is held to be not justified . [ S. 10(38) ]

Rajbir Kaur (Smt.) . v. ITO (2020) 181 ITD 67 (Chd) (Trib.)

S. 68 : Cash credits –Loan form penny stock company– Matter remanded to the AO for verification whether SEBI has taken any action against alleged Company which has given loan to the assessee. [ S.115BBE ]

Sanjay Kaul. v. ITO (2020) 181 ITD 146 / 206 TTJ 176 /82 ITR 441 / 191 DTR 60 (Delhi) (Trib.) Editorial : Affirmed in Sanjay Kaul v. PCIT ( 2020) 427 ITR 63/ 274 Taxman 301/ 119 taxmann.com 470/193 DTR 57/ 316 CTR 337

S. 68 : Cash credits – Accommodation entries – Tax Avoidance- Bogus short term capital loss- Addition is held to be justified .[ S.45 ]

Sujauddian kasimsab Sayyed. v ITO (2020) 181 ITD 564 (Mum) (Trib.)

S.56: Income from other sources- Immovable property is considered to be transferred on date of execution of registered document and not on date of delivery of possession- Rectification of mistake – Tribunal has no power of review . [ S.56(2) (vii) (b), 254(2) ]

Govind Kumar, Khemka. v. ACIT (2020) 181 ITD 586 / 193 DTR 341/ 207 TTJ 393 (Delhi) (Trib.)

S. 56 : Income from other sources- Family settlement – Release deed Property from his brothers on account of Family Settlement- No commercial transaction addition cannot be as income from other sources [ S.56(2) (vii) (b) ]

Clearview Healthcare (P.) Ltd. v. ITO (2020) 181 ITD 141/ 185 DTR 369 77 ITR 39 (S.N.)/ 203 TTJ 349 (Delhi) (Trib)

S. 56 : Income from other sources – Sale of shares to non-resident – Valuation of shares- Share premium in excess of value of shares as determined under rule 11UA cannot be assessed as income of the assesseee. [ S.56(2) (viib) ,R.11UA ]

Vodafone M-Pesa Ltd . v. DCIT (2020) 181 ITD 242 (Mum) (Trib.)

S.56: Income from other sources – Market value of shares -Share premium- Discount cash flow method (DCF ) –Valuation by merchant banker – Revenue authorities cannot evaluate accuracy of valuation at time of assessment-Addition was deleted .[ 56(2)(viib) , R.IIUA ]