Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DCIT v. Rabo India Finance Ltd. (2021) 189 ITD 420 (Mum.) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-TPO cannot decide as to whether expenses incurred by assessee were necessary for business purpose of assessee or not. [S. 37 (1)]

DCIT v. Lucent Diamond (2021) 189 ITD 581 (Mum.)(Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Import and export of diamonds-Purchase invoices, ledger account, payment details and PAN was produced-Restricting 6% of alleged bogus purchases is held to be justified-Disallowance of expenses was held to be not justified. [S. 132, 143(3)]

Uma Agrawal (Smt.) v. ITO (2021) 189 ITD 659 / 212 TTJ 427/ 203 DTR 404 (Agra)(Trib.)

S. 69A : Unexplained money-Demonetization-Exempt limit of income-tax-Housewife-Bank deposits were made was less than 2.50 lakhs-No addition can be made.

DCIT v. Rabo India Finance Ltd. (2021) 189 ITD 420 (Mum.) (Trib.)

S. 69 : Unexplained investments-A Non Banking Finance Company (NBFC) engaged in providing loans and investment activities in India-Loan was not advanced to Foreign Company-Addition was held to be not justified.

ITO v. Zexus Air Services (P.) Ltd. (2021) 189 ITD 434 / 88 ITR 1 (Delhi)(Trib.)

S. 68 : Cash credits-Share capital-Good will-Allotment of shares in lieu of goodwill-No movement of actual money either cash or through bank-Addition cannot be made as cash credits.

ACIT v. Hirapanna Jewellers (2021) 189 ITD 608 / 212 TTJ 117 / 202 DTR 337 ( 2022) 96 ITR 24 (Vishakha)(Trib.)

S. 68 : Cash credits-Cash deposit in bank-Survey-Jewellery business-Post-demonetisation-No defects in purchase and sales-Outgo of stock matching with stock-Addition is held to be not valid. [S. 44AB, 133A]

Ashok Kumar. v. ITO (2021) 189 ITD 634 (SMC) (Chd.)(Trib.)

S. 68 : Cash credits-Bank deposits-Cash was deposited without the authority-Account was misused by bank personnel-Matter remanded.

Bini Builders P. Ltd. v. Dy. CIT (2021) 88 ITR 15 (SN)/ 211 TTJ 869 (Mum.) (Trib.)

S. 68 : Cash credits-Share capital-Primary onus on assessee-No addition can be made on the basis of allegation, suspicion, conjectures or surmises.

DCIT v. Ozone India Ltd. (2021) 189 ITD 476 / 211 TTJ 477/ 203 DTR 161 /( 2022) 94 ITR 609 (Ahd.)(Trib.)

S. 56 : Income from other sources-Share premium-Amalgamation-Issue of shares in pursuance of scheme of amalgamation legally recognized in Court of Law does not fall within scope of section 56(2)(viib) of the Act. [S. 56(2)(viib)]

Talluri Vijay Rahul v. ITO (2021) 189 ITD 221 (Hyd.)(Trib.)

S. 56 : Income from other sources-Agricultural income-False documents-Justified in treating alleged agricultural income as income from other sources. [S. 2(IA)]