Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Pujala Mahesh Babu v.Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)

S. 69 : Un explained investments-Income from undisclosed sources-Short-term capital gains-Additional income was offered-Capital gains to be recomputed after reducing cost of acquisition from sale proceeds.[S. 45]

Holiday Marketing Pvt. Ltd. v. ACIT (2023)101 ITR 55 (SN) (Cochin) (Trib)

S. 68 : Cash credits-Income from undisclosed sources-Bank Statements reflecting receipt on various dates and annual reports substantiating various business interests of remitter-Deletion of addition is justified. [S. 69]

Pujala Mahesh Babu v.Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)

S.68 :Cash credits-Search and seizure-Failure to explain receipts-Declaring the receipts to be sale of agriculture land-Cannot be treated as unexplained-Sum to be treated as capital gains and indexation to be allowed-Matter remanded.[S. 45, 48 55]

Umananda Rice Mill Ltd. v.Asst. CIT (2023)101 ITR 140 (Kol) (Trib)

S. 68 : Cash credits-Share capital and share premium-Investors engaged in agricultural and farming activities-All subscribers personally appeared and confirmed investments upon summons-No adverse inference drawn in remand report-Addition to be deleted.

Tajinder Pal Kaur (Smt.) v. ITO (2023)101 ITR 292 (Amritsar) (Trib)

S. 68 : Cash credits-Failure by assessee to disclose cash deposits-Assessee submitted power of attorney and agreement before Department-Instrument not accepted-Party who paid cash unable to provide registered deed relating to transfer of property-Matter set aside and remanded to verify purchase of property.

Pujala Mahesh Babu v. Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)

S. 68 : Cash credits-Amounts returned in cheque and other amount returned in cash to square off account-Cannot be unexplained cash credits-Assessee in real estate business-10% profit-Addition would meet ends of justice.[S. 69, 132(4)]

Dharmvir Merchandise P. Ltd. v.ITO (2023)101 ITR 279 (Kol) (Trib)

S. 68 : Cash credits-Share capital and premium-Summons served on directors and subscribers-Service of summons sufficient to prove identity of subscribers-Bank statements of subscribers showing sufficient funds prove creditworthiness-Transaction genuine as done through banking channels-onus of assessee discharged-Mere ground that person summoned did not appear insufficient ground for addition.[S. 131]

Zakir Ali Yarbali Khan v. ITO (2023)101 ITR 35 (SN)(Mum) (Trib)

S. 68 : Cash credits-Income from undisclosed source-claim that cash deposited was out of cash withdrawals-No document to substantiate claim-Link not established-Addition is justified.

Toplink Developers Consultancy Pvt. Ltd. v.ITO (2023)101 ITR 24 (SN) (Kol.)(Trib.)

S. 68 : Cash credits-Burden of proof-Share Application money and share premium-Availability of sufficient funds-Statements of directors recorded, confirmed decision of the board to invest in assessee-Burden of proof of assessee to prove identity and creditworthiness discharged-AO is not making any inquiry or finding any discrepancy in evidence-Proviso requiring assessee to prove source of credits not applicable-Additions is not justified.

Padmavati Housing Corporation v. Dy. CIT (2023)101 ITR 62 (SN) (Ahd) (Trib)

S. 68 : Cash credits-On money received for sale of units in housing projects-Improbable to make profits upto 50%-properties sold not high end-On money element added at 50% of booked price very high-Additions to be restricted to 15%.-Order to be not treated as precedent.