Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Mohammad Ashraf War v. ITO (2024) 206 ITD 495 (Amritsar) (Trib.)

S. 69A : Unexplained money-Demonetization-Cash deposited-Bank account-Registered dealer under VAT Act-Addition is deleted as regards cash deposit and net profit is restricted to 3% of turnover as against 8% estimated by the Assessing Officer.[S.44AD]

Anup Agrawal v. CIT (2024) 206 ITD 465 (Jodhpur)(Trib.)

S. 69A : Unexplained money-Search-Gold jewellery-Surrender of income-Gold and silver seized-CBDT Instruction-500 gms-Addition is deleted-Cash of Rs. 1lakh-Addition is deleted. [S. 132(4)]

Alchemist Touchnology v. ACIT (2024) 206 ITD 256 (Delhi)(Trib.)

S. 69 : Unexplained investments-Seized documents-Hard disk-Investment in shares under FDI route-Allegation of Hawala-Source of source also explained-Addition were made on merely based on suspicion-Addition is deleted.[S.153C, 292C]

Shanta Blankets (P.) Ltd. v. ITO (2024) 206 ITD 715 (Delhi) (Trib.)

S. 68 : Cash credits-Share capital and share premium-Furnished copy of certificate of incorporation along with MOA and AOA, auditor’s report, balance sheet, trading and profit and loss account-Addition is deleted.[S. 56(2)(viib), R.11UA]

Reporter Family Private Trust, Mumbai v. Assessing Officer (2024) 206 ITD 108/229 TTJ 53 (Mum.)(Trib.)

S. 61 : Revocable transfer of assets-Trust-Settlor-Income arising from revocable transfer of assets is taxable in hands of transferor, i.e., settler of revocable trust and it is to be clubbed in total income of transferor and not in total income of transferee of assets-Addition is deleted. [S. 62 63, 148]

Shanta Blankets (P.) Ltd. v. ITO (2024) 206 ITD 715 (Delhi) (Trib.)

S. 56 : Income from other sources-Share premium-Valued as per Rule 11UA(2)(b)-Discount Cash Flow Method (DCF)-The rejection of valuation is set aside. [S. 56(2)(viib), R.11UA]

Rajesh Saluja v. Dy.CIT (2024) 206 ITD 78 (Delhi)(Trib)

S. 55 : Capital gains-Cost of improvement-Cost of acquisition-Indexed cost-Interest on loan-No direct cost of acquisition of property purchased-Cannot be included in cost of acquisition of property.[S.45, 48]

Bhaskar Prataprai Shah. v. DCIT (2024) 206 ITD 625 (Mum) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Triplex Flat-Triplex flat purchased which had common living area, common kitchen and several rooms satisfied definition of a single residential unit and would qualify for exemption.[S. 45]

Kishore Bhagwandas Ramnani. v. ITO (2024) 111 ITR 148 / 206 ITD 491 (Mum) (Trib.)

S. 48 : Capital gains-Mode of Computation-Stamp duty and registration charges-Paid as per terms of agreement-Allowable as deduction-Remanded for verification. [S. 45]

Millie Dey v. ITO (2024) 206 ITD 787 (Kol.)(Trib.)

S. 45 : Capital gains-indexed cost-Value as per 1-4-1981-Capital loss-Indexed cost of acquisition of immovable property is higher than sale consideration-Long-term capital loss-Addition on account of LTCG is deleted. [S. 55(2)(i)]